Nature spreading their Cherubim-Wings over the Lives and Liberties of every particular person in the Nation The next and sixth Branch Neither will we enter upon his Possession nor commit him may seem to be a particular Promise of moderate Indulgence to the Subject in reference to the peculiar claims and Suits of the King relating to the Crown yet still springing from the same Original Which shews the Kings of England truly fit to rule while they themselves submit to the Laws by which they govern As it was said of Lycurgus Quod nihil lege ulla in alios Sanxit cujus non ipse primus in se Documenta daret The three next Branches relate to the great prejudices and damages which are sustain'd by the ill management and Execution of Justice through the Corruption of its Ministers against which the Law provides in these words We shall sell to no Man Justice or Right We shall deny to no Man Justice or Right We shall delay to no Man Justice or Right The selling of Justice or taking Bribes and the denial and delay of Justice as they are equally dishonourable to God so are they to them that require Justice equally injurious For it is the highest presumption that Man can be guilty of to expose to sale one of the chiefest Attributes of the Almighty There is nothing whereby God more exalts himself to Mankind then in the frequent Repetitions of his Justice Of which he that makes Merchandize prostitutes the Honour of his Maker for filthy lucre and yet neither is it his own to sell for God is the Fountain of Justice from him it all flows and his it is Only he entrusts it with the Ministers of Justice for the good of Mankind He that does Justice uprightly acts like God but he that sells it sells the Act of God and not his own for tho it prove Justice in the purchaser yet it is not Justice in the seller but the Price of the Buyer which if the poor and needy want they must not have because they have not wherewithal to bid for it who are nevertheless under the Protection of Justice equally with the most Opulent However God out of his boundless Providence foresaw how great would be the Temptations of Avarice and the allurements of Gold tho currant no where but upon Earth that he provides against the charming Iniquiry by a strict command Thou shalt not respect persons nor take a Gift for a gift blinds the eyes of the wise So that the high Crimes alledg'd against the Sons of Samuel were that they turn'd after Lucre and took Bribes From whence the Light of Nature infus'd the same detestation of these Misdemeanors in all other Ministers of Justice By Hesiod they are call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Gift-eaters whom he makes Justice to follow weeping and bewailing the fatal Consequences of her bad usage Phocyllides also from the same Law of Nature could give this advice 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Let not favour byass Justice for if thou dost saith he 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 God will afterwards judge thee And another of the Gnomonicks wouldst thou support thy life 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by doing justly then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 fly ill got gain We read in Herodotus of Sesamnes one of the Persian Judges put to death for Bribery by Cambyses who caus'd him to be flea'd after he was dead and his Tann'd Skin to be cut into Thongs to make a Seat for his Son Among the Roman's by the Junian Law Bribery or selling of Justice was punish'd with Exile and by the Acilian Law they were immediately to receive Judgment without any demurs It may be thought that selling of places relating to Courts of Judicature was not a custom then in practice else we might conclude that they who made such ample provision against the selling of Justice would have as carefully provided against the selling of those Inferiour Authorities that refer to the Execution of it Especially when the Rates run so High as now they do Twelve hunder'd Two Thousand pound for a Jaylours place Four hundâ—â—â—â—oâ—â— Serjeants and so proportionably for others For it serves for a specious Plea to those that shall be call'd to accompt for their miscarriages that they have bought so dear Nor does the Name of a Favourite in Court sound well for though it may not be so effectual as some may think yet is the thing it self suspicious to all especially when they see the Fortunes and Emoluments of that person advanc'd above others of equal merit But after pardon for this short digression the two next Grievances by this Charter promis'd to be reform'd are the delay and denial of Justice both much of the same Nature seeing that the Delay is in some measure the denial of Justice Which words delay of Justice are so expounded by several Acts of Parliament that by no means Common Right or Common Law should be disturb'd or delay'd tho' it be commanded under the Great or Privy Seal or by any Order Writ Letters or Command whatsoever even from the Prince himself or any other but that the Justices shall proceed as if no such Writs Letters Messages or Commandment were come to them And therefore the Epithite of Celeris is giv'n to the Law in regard there is nothing which can be more welcom to those who are aggriev'd or distressed then quick and speedy Relief And this is without doubt the meaning of those positive Commands in Scripture to which the Judges of the Earth to hear the cries of the Poor and Needy who if not soon redress'd are doubly undone by unnecessary Expence and with-holding from them the profit of their legal and just claims But as the Delay is bad so is the positive denial so much the more to be avoided by how much the Lamentations and Cries of the injur'd make a louder sound in the Ears of Heaven and open with greater swiftness and more rapid violence the Flood-gates of Divine Vengeance upon a Nation For if the cause of the oppressed be the cause of God then the denial of Justice is the denial of the Almighties own Suit with whom this great Charter would not contend And therefore the Prince here minding his future Salvation freely discards the selling delay and denial of Justice knowing how little they would avail when unreliev'd Oppression should plead against him at the Bar of Heaven If then the Law of England be the surest Sanctuary which an English Man can take and the strongest Fortress to protect the weakest of All it must be assuredly much more sacred and beneficial when built up of the Materials of Gods Commands and Natures Light Nor can they who at any time shall seek to destroy so beautiful a Structure expect other then to perish in its Ruines But here may some advance a Quaere and ask what is meant by this Per legem terrae this Law of the Land A Scrutiny with the same facility as made plainly
Cur. de Laud. leg Angl. c. â—â— their Bodies and Goods to which end a Prince receives Power of his People so that he cannot govern his People by any other Law is of that vast and high importance to the preservation of Mankind especially consider'd according to those Appellations which are given to virtuous Princes for the reasons aforesaid that nothing in the World ought more to oblige the Subject to the perfect awe and reverence of it as well for their own as the Princes sake Which awe and reverence while it continues towards the Dignity it is impossible but that the Person must be secure and safe in all respects For while Princes govern by the Fundamental Laws of Justice and Equity they are not only impal'd with the defence of a Loyal People but under the promis'd Protection of God himself Their Justice and Moderation demands both Honour and Veneration their Vigilancy Obedience and Loyalty In this respect all Virtuous Princes that seek the prosperity and felicity of the People under their charges are call'd by Homer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Shepherds of the People And certainly it would be the highest Iniquity imaginable for the Sheep to rebel or murmur against a Shepherd that sought nothing more then the common welfare of them all and never shear'd them but when the Tribute of their Fleeces was justly due For which reason Pindarus calls the Royal Dignity 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an Honour given to Princes for nourishing and cherishing the People He also calls Apollo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Olymph Ode 6. and Acastus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Inspectors Overseers or Guardians of Delos Nemeor Ode 5. and the Magnetes denoting the cares and continual watchings that attend upon true Kingly Government which is also the Character given of it by Homer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And for these reasons is Royal Soveraignty the highest Dignity among mortal men For the Title of Emperour is only a nominal no real difference Wherefore Pindarus speaking of Jamus the Ancestor of Agesias that he was as great as Man could be Some saith he are more eminent then others but he 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 had attain'd to the utmost extent of Honour as being in the number of Kings It was the publick Benefit which Men receiv'd by the Glorious Actions of the Ancient Hero's that made them ascribe Divine Honours to their deceased persons And the same Virtues in all just and virtuous Princes produce the same Effects of Veneration and Reverence Obedience and Loyalty in all good Subjects A King thus arm'd with his own Virtues and for their sakes with the Hearts and Affections of his People may justly warrant that Axiom of the King of the Argines in Aeschylus In Trag. Hâ—ertides 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Awe and Terrour of Princes is hardly to be imagin'd And yet he was none of those that lawlesly controul'd for presently after saith he 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I will perswade the Common Good From all that has bin said it plainly appears wherein the true and diuturnal security and repose of a Soveraign Prince mainly and principally consist In which particular the Laws of England cannot be said to have bin any way defective as having extended their power all along to their own satisfaction rather have they bin so tender of it that they would not suffer the Pope to make his Ecclesiastical â—â—â—â—oachments upon it even in the most flourishing Estate of Papal Usurpotical Which was never admitted in England but only when the Desertion of his Barons expos'd King John to the Exorbitancy of Papal Triumph To deseend to the cause and primum mobile of the Subjects security none can be found more apparent then good Laws including Justice and Freedom And he that is the Soveraign of a People so govern'd may be rightly said to be as Agamemmon is frequently stil'd by Homer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the King of Men. Which cannot be thought to be where Arbitrary Will only controuls a multitude of Slaves Therefore says the famous Pindar 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The foundation of Cities is firm Justice and Peace accomplish'd with her Virtues the Dispencers of Riches to Men the Golden Daughters of considerate Thenis Olymp. Ode 13. And praising the City of Opus the Metropolis of the Locrians 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Which Themis and her Sisters good Government the preserver of Common Weals took into their protection And in another place extolling the City of Aetna for its freedom which is the other main happiness of a Kingdom 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 To whom meaning his Son Hiero gave that City which he had built and endow'd with Divine Liberty according to the Standard of the Laconic Laws Taking an occasion to commend the Constitutions the Aetnean Commonweal from the Excellency of its Government founded in Justice and Liberty after the example of Lacedaemon then accompted the most exact Form of Dominion in the World and therefore by the Poet stil'd the Standard of all other Governments Certainly the Government of England cannot be thought to stand upon a slight Foundation that has stood so long upon the single Basis of her own Laws And it is observable that then England first began to flourish when the Laws being reduc'd into one Body were under the execution and care of one Universal Monarch Nor could the Breach of Norman Conquest hinder the Chasin of long enjoy'd Liberty from uniting again and closing it self more firmly with the Cement of its former Constitutions calculated by so many Kings of this Island for the Meridian of English Freedom To come to particulars the Statutes are made not only by the Princes pleasure but also by the Assent of the whole Realm so that of necessity they must procure the Wealth of the People and in no wise tend to their hindrance and it cannot be thought but that they are replenish'd with much prudence and wisdom seeing that they are ordain'd not by the Providence and Deliberation of one Man alone but of more then five hundred chosen persons And here now in the distribution of Justice between Man and Man the Excellency of the English above the Civil Laws is manifest from hence that the Issue of the Plea is not try'd by the Deposition of two Witnesses only according to the proceedings of the Civil Law but the Truth of the matter must appear evident to the Judge by the Oaths of Twelve men Neighbours to the place For that Man may well be thought to be the Master of little Cunning or Industry that cannot find two persons who either for fear for love or profit will not be ready to contradict the Truth Nor is it so easie a thing to disprove the affirmative or to expose the wicked Lives and Conversations of persons altogether unknown The second Excellency of the English Laws derives it self from the Equitable proceeding or at least intention of the Law in the Election and Swearing of Jurors Who
Realm but a Collection of those ancient Constitutions of the Saxons Danes Mercians and Northumbrians which were by Matthew Paris call'd Bonae adprobatae antiquae Regni leges leges Edvardi Regis quae prius inventae sunt constitutae in tempore Adgari avi sui leges aequissimi Regis Edvardi These the English oppress'd by Norman Tyranny eagerly thirsted to have restor'd and were impatient till they were at length in most solemn manner confirm'd first by King John and afterwards by Henry the Third with the severest Anathama upon the Infringers of it that State or Religion could devise Know ye saith the King that We in the fear of God for the Salvation of our Soul the Exaltation of the Church and the Amendment of the Kingdom In which words are contain'd the Motives inducing the King to make the Grant and next the Final causes of the Grant The first Inducement is the Fear of God And this those Two Great Monarchs Favorites of the Almighty Victorious David and Wise Solomon both conclude to be the beginning of Wisdom Which Wisdom as it can consult nothing but what is good and virtuous in General so when It comes to be chief Privy Counsellour and Minister of State to a Prince in the Establishing a particular National Government can never be suspected to advise otherwise then for the general Good and Preservation of the People from whom Obedience to that Government is requir'd 'T would be impiety to think that the Beginning of Wisdom could have any other aim or intention then what is just and profitable Therefore where a Prince is blessed with the fear of God That Religious Fear instructs him with Heav'nly Wisdom and that Heavenly Wisdom guides him to make and establish such Laws as may come nearest to the Laws of God himself which respected nothing more then the safety repose protection and welfare of his own People Happy then is the English Nation whose Lives Estates and Liberties are wrapt and folded up in such a Charter of Laws which had its Confirmation from the fear of God Certainly their Estates their Lives and Liberties can no where be more safe then in the fear of God by nothing more cordially or warily preserv'd then by the Beginning of Wisdom Which when the late Usurpers violated they soon found it to be the Beginning of Folly The second Inducement was the Good of the Kings Soul Which he well might hope for from the Promises of the King of Kings Himself He might well have a fair prospect of Eternal happiness when he was so largely providing for the Temporal Felicity of his People It was an Argument of the Queen of Sheba That God delighted in Solomon and that the Lord loved the People of Israel because he had made him King to do Judgment and Justice This is the Great Charter of Heaven by which Princes hold their Supream Dignity the Execution of Judgment and Justice is the high Employment to which God has appointed Kings In so doing they observe the Statutes and Ordinances of Heaven The Rock of Israel spoke to David saying Let him that ruleth over Men be just ruling in the fear of God The recompence of which is to be rewarded according to their Righteousness Which is the Guerdon that David acknowledges to have bin the happy retaliation of his Integrity in observing the Precepts and Statutes of God by him fram'd for the publick Benefit of his People and who may be also said to be the Author of all good and wholsome Laws grounded upon Reason and Nature And therefore the King might well hope for the reward of his Equity and Justice from the God of Both. And the People might well hope for security temporal of their Lives and Liberty from Laws confirm'd for the Eternal security of the Confirmer And as the Motives and Incentives to pass this Grant were twofold so were likewise the Final causes of the Grant it self First the Exaltation of the Church Thus Moses provided first for his own Worship in general in the first part of the Decalogue as he also did in his particular Worship in the Erection of the Tabernacle and the Consecration of the High Priest and subordinate Levites And this order and method the very Heathens were prompted to observe by the very Light of Nature The first care of Numa was to settle the Heathen Worship of the Gods the next care of Servius Tullus was to provide for the good Order of the Politic Government And Justin speaking of Moses and a feigned Son of His whom he calls Arnas and the great Benefit which the Jewish Commonweal had reap'd from their good Government Quorum Justitia saith he Religione permixta incredibile quantum coaluere Which mixture of Religion with Justice was by some of the Heathens accompted so absolutely necessary that they would not separate the Priesthood from the Kingly Office as we may read in Virgil Rex Anius Rex idem hominum Phoebique Sacerdos Vittis Aeneâ—d l. 3. sacro redemitus tempora Lauro And it was the Fatherly advice of Charles the Fifth to his Son whereby he might approve himself a worthy Prince Strada l. 1. to be constant in the Patronage of Religion and the protection of the Laws which he calls the true and certain Establishments of all Kingdoms For the Ship of the Common-weal can never Ride safe without the sacred Anchor of Religion For it concerns all Princes that Study the Diuturnity of their Dominions above all things to preserve the Worship of God in its intire purity There being no more dangerous symptoms of a perishing Kingdom then the neglect and contempt of Religion This is easie to be understood if Men would give themselves to understand the Fundamental ground and reason of the Religion where they are born and bred For that Religion has its Birth from some peculiar and awful Original or other The Religion of the Heathens was grounded upon the Answers of the Oracles and the Observations of Diviners and Soothsayers Believing that those Gods which could foretel good and evil could also bequeath them the same Felicities or vex them with the same Misfortunes But the Foundation and Original of Christian Religion it is not to be question'd but that we all know as being establish'd in the World by the Eternal Son of the ever living God And the ends of it are to procure Salvation in Heaven and Tranquility Union and Peace upon Earth And while the Faith and Integrity of Men makes no other use of it the Intermixture of it with secular Justice makes that binding Cement that renders the Bulwark of Government impenetrable to all the assaults of Humane Violence For by the Exaltation of the Church is not meant the Exaltation of Pomp and Gawdy Ceremony and the pampering it up in worldly Honour and exorbitant Wealth quite contrary to the Institutions of the Founder who laid the Foundations of his Doctrine in Humility and Peace From whence
when the parties are come to the Issue of the Plea upon matter of Fact are by Writ directed to the Sheriff of the County by him to be chosen good and lawful Men Neighbours to the place where the Fact is suppos'd to be done Upon their attendance either party may refuse them upon the reasonable Allegations of Favour or Affection in the Return Which Exceptions proving true the Pannel shall be quash'd and another Writ directed to the Coroner for the Return of a new Pannel And if that be found faulty the Judges shall appoint two Clerks of the same Court who upon their Oaths are bound to make up an indifferent Pannel which shall be challeng'd by neither party yet notwithstanding all this either of the parties has the liberty to make his particular Exceptions against the person of any if they can tax him either of Alliance Friendship or any other warrantable suspition of prejudice upon which the name of the person shall be cancell'd in the Pannel Moreover they must have Lands or Revenues for term of Life at the least to the yearly value of Forty shillings lest for need or poverty such Jurors might be corrupt and suborn'd Being thus admitted and sworn to Impartiality their determination of the matter is call'd a Verdict or Verum dictum a true Report Here it is evident that the final Cause of this Constitution is the determination of Controversie as much as can be devis'd to the satisfaction as well of the loser as of the gainer For in regard every man is apt to believe his own cause to be the justest he can have no reason to be discontented when he finds himself convinc'd by a fair Tryal and the true report of so many good and substantial Men of whose Probitie he has as it were the winnowing and sifting before he is bound to submit to their Arbitrement The same method or very little different is observ'd in Criminal Proceedings So that no Man can be condemn'd either in Life Forfeiture or any other poenal Punishment unless so many men whose integrity and probity cannot be impeach'd be upon their Oaths and upon mature deliberation fully evinc'd of the Merits of his Crime By this means the Lives and Estates of the People of this Nation are in a great measure secur'd For that no man can be depriv'd of his Possessions if his Tenure be just Nor is his Life or Liberty liable to the blasts of Arbitrary breath So that the Courts of Justice are as it were publick Registers ready to give an Accompt of all the particular Actions and demeanour of the Law Insomuch that the Law it self may in a manner be said to be upon its Good Behaviour And therefore it behoves every Jury-man and every Evidence to be in the highest degree careful how they mislead the intent of the Law since he may have need at one time or other of the same Justice himself And he is to consider that his own Verdict is the fence and pale of all his fellow Subjects Right and Liberty And that he is guilty of all the mischief which shall ensue who opens the least Gap for Injury and Injustice to break in upon Right and Freedom and that thereby he violates the intent of the Law which is the common good as well of himself as of all the rest For Injury and Injustice are of the Nature with Quick-silver which upon a smooth and polish'd Table cannot take the least advantage but where it finds the most diminutive chink there it harbours and corrodes Hence we may conclude that there are not two things more pernicious to the Probity of English Verdicts then Ignorance and Faction For the end of Juries being to distribute equal Justice for the publick security Ignorance not knowing when she does well or ill must of necessity be guilty of many gross and foul transgressions while not understanding their value she sports away the Jewels of other Men as Children play away their Parents Jacobus's Therefore the Law has with solemn prudence provided that none should be the Judges of Estate and Liberty but such as enjoy both And therefore if others are put upon that employment whose familiarity with Beggery values not Estate or whose abject Spirit matters not Liberty 't is the miscarriage of Execution not of the Law it self Which many times may prove dreadful in the conclusion even to Posterity Nor is Faction less dangerous which seldom makes a true construction of the Law but carries along with it prejudice and an opiniater'd Zeal for byass'd Interest to the Bar. Thus a Ghibelline is a forejudg'd Offender right or wrong in the breast of a Guelph And a Guelph is fore-condemn'd without any farther consideration by the Verdict of a Ghibelline So that where persons are brought to Trials where they who try believe themselves cock-sure of a Jury for their Turn those cannot properly be said to be Trials but only the Formalities of Trials And Jurors that go with a premeditated good-will or aversion to such a Trial may not be said to give a Verdict but to follow the dictates of Passion and Affection more frequently in the wrong then in the right as being carry'd like floating and unfix'd pieces of Timber which way soever the Stream runs And therefore what is done by Faction cannot be said to be a Law For it brings the World into confusion while one thing shall be accompted lawful to day and another thing lawful to morrow But the Law of England is certain and unalterable It had its Birth from King and People and was solely intended for the common good and preservation of Both. So that there needs no picking and culling of Jurors by Interest and Faction but the return of Men of Understanding Integrity and Probity and then they who fall by their Judgments may be rightly said to fall deservedly The Law most certainly aim'd at the right mark and there is undoubtedly that security of our Lives and Liberties from it that without it there cannot well be any And therefore if there be any such who strain it from its natural and genuine Intention They are in the fault and not the Law and Heaven will require the oppression and blood of the Innocent at their hands For the Law it self is absolutely grounded upon the firm Basis of Reason Nature and Justice the Common good of Prince and People And most assuredly Fortescue when he was so deeply engag'd with Prince Edward in the praise of the Laws of England might have pitch'd upon far more noble Themes setting this of Juries aside then to set them at variance with the Civil Laws only about Bastardy and Wardships But he aim'd at Brevity and therefore passes over Magna Charta in silence wherein as in a Mirror all the World may take a lovely Prospect of the advantages which this Kingdom of England has above all other Nations under the Sun Yet can it not be said to be the Original of the Laws of this
resolv'd by the Statute of the 25 Ed. 3. c. 4. where per legem terrae is expounded to be by due Process of the Law For thus the words run Whereas it is contained in the Great Charter c. that no Man shall be imprison'd c. It is accorded assented and stablish'd That no Man shall be taken by Petition or Suggestion to our Lord the King or his Council unless it be by Indictment or Presentment of his good and lawful People of the same Neighbourhood where such Deeds be done in due manner or by Process made by Writ Original at the Common Law Nor that none be outed of his Franchise or his Freehold unless he be duly brought in answer and forejudg'd of the same by the Course of the Law And if any thing be done against the same it shall be redress'd and holden for none Upon which words the Lord Cook observes that Process of Law is twofold By the Kings Writ or by due proceeding and Warrant either in Deed or in Law without Writ Which latter way of Proceeding is against Criminals where there is good Witness against the Offender And Evidence must proceed from persons of good Fame Credit and Honesty not from debauch'd malevolent and scandalous Informers And therefore the Law requires that they who grant any such Warrant have lawful Authority that the Warrant be lawful and under Hand and Seal that the Cause be specify'd in the Warrant and lastly that the intent of the Warrant be Legal for the safe Custody of the Party till he be deliver'd by due course of Law Which is plain from the Stile of our Habeas Corpus's Vt Justiciarii nostri visa causa fieri faciant quod de Jure secundum Legem Consuctudinem Regni Nostri Angliae foret faciendum In farther proof of which Exposition we sind it Enacted in the 27 of Ed. 3. c. 3. That no Man of what Estate or Condition that he be shall be put out of Land or Tenement nor taken nor imprison'd nor disherited nor put to death without being brought to answer by due Process of the Law Which last words expounding and fully answering the doubt upon per Legem terrae plainly evince the Law of the Land to be such that no Man ought to receive detriment either in Person or Estate before legal Trial and due proof of the Offence True it is that the Lord Cook brings an Instance of an Act of Parliament made in the face of this Fundamental Law of Magna Charta in the 11th year of Hen. 7. That as well Justices of Assize as Justices of the Peace without any finding or Presentment of Twelve Men upon a bare Information for the King before them made should have full Power and Authority by their discretions to hear and determine all Offences and Contempts committed or done against the form of any Statute in force and not repeal'd But the Fence of Common Justice being thus broken what ensu'd By this Act shaking the Fundamental Law of Magna Charta it is not credible saith He what Oppressions and Extortions to the Ruine of infinite numbers of People were committed by Empson and Dudley Therefore in th first year of Hen. 8. that Act was repeal'd and made void and the reason is given For that by force of the said Act many sinister crafty feigned and forg'd Informations had bin pursu'd against divers of of the Kings Subjects to their great Damage and wrongful vexation So that even Acts of Parliament themselves if they entrench upon the Subjects Liberty grounded upon the sacred meaning and intent of this Fundamental Law of Magna Charta are as liable to be put to death as any that offend against the justest Ordinances of the Realm Neither was this a thing that scap'd the consideration of former Princes And therefore to prevent so foul a miscarriage by the best means that could be It was Enacted at Westminster in the Third year of Ed. 1. That because all Elections ought to be free no Man should under grievous forfeiture by force malice or menaces disturb any to make free Election It being the ancient maxime of the Law Fiant Electiones Rite libere sine aliqua interruptione Let all Elections be due and Free By the 1 Hen. 5.1 it is ordained and Established That the Citizens and Burgesses of the Cities and Boroughs be chosen of Men Citizens and Burgesses Resiant and dwelling and free in the same Cities and Boroughs and no otherwise The like provision is also made by the 23 of Hen. 6. c 15. Nor was there less care taken to commit the charge of Elections to Men of Substance and Estate besides that all Sheriffs and Mayors and others concern'd are lyable to great Fines and Actions of the parties injur'd for undue Returns For it might be well thought that Persons of Credit and Reputation in the places of their Birth or long habitation and where their Fortunes lye will be more tender of the Common Good and welfare of their Friends Relations and Neighbours with whom they have daily Converse then Strangers creeping in at the back dores of vast Expence and Purchase to gratifie their own Ambition Which sort of Ambitus by the Culpurnian Law among the Romans was punish'd by heavy Fine on the Canvasser beside that he was afterwards render'd uncapable of being Elected into a Senators place And the same Law was also after that ratify'd by the Senate in the Consulship of Tullius and Antonius And by the Tullian Law the Commonalty themselves offending in that point were also most severely punish'd beside that the Canvassers were to suffer ten years Exilement And thus we may see how vigilant even our Princes themselves have bin to set strong Watch and Ward about the Election of our Law-makers and Preservers But if needy Corporations will sell their Rights and surrender the Fortress of wholsome Statutes to Philip of Macedon's laden Mules they must not blame the steady Ordinances of the Realm and the just Provisions of their most Noble Princes but their own Edomite Hunger after the Amiable Pottage There is a second Question which may be propounded by some Where the Remedy lies if a Man be wrong'd or injur'd contrary to the Law of the Land To which the Lord Cook himself replies That every Act of Parliament made against any Injury Mischief or Grievance either expresly or impliedly give a remedy to the party wrong'd which also is done by many Chapters of the Great Charter and therefore he may have an Action grounded upon the Charter it self And that moreover it is provided by the 36 Ed. 3. That if any Man feeleth himself griev'd contrary to any Article in any Statute he shall have his present Redress in Chancery that is by Original Writ by force of the said Articles and Statutes That Nation would enjoy a most perfect Happiness indeed that were not sometimes liable to the incroaching Distempers and Corruptions of a sickly Government The most healthy person
Slavery For submission out of fear denotes compulsion and compulsion is a mark of servitude and vassalage rather then of real Homage and Obedience But the Fidelity and Obedience of a true Subject proceeds from the obligation of Conscience and is the same Tye to his Prince by which the Prince is bound to God Himself by Conscience to do Acts of Justice and Mercy as being the Vice-Pastor of the People of God and the Vice-gerent of the King of Peace and Justice Nay he is the living Image of God 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And how comes that to be The Light of Nature tells us shining even among the Heathen 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For that having obtain'd a Kingdom he is to shew himself most worthy of so supream a Dignity Which high deserving Excellence then most radiantly displays it self in Majesty when it appears array'd with the Beams of Divine Attributes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Philo. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 As to bodily substance a King is like another Man but in the power of his Dignity he is like to God who is above all So that when the Authority of a King is like the Authority of God and Righteous and true are all his ways there to refuse Obedience to the King is the same impiety as to refuse Obedience to God himself However it is not to be imagin'd that so much strictness can be expected from Mortality the resemblance is enough to fix our Veneration Therefore all Princes are by the Psalmist stil'd Gods tho he is very severe against those that deviate from the Resemblance of the Heavenly Prototype Niloxenus also the Wise Man being ask'd what was the most profitable and useful Thing in the World answer'd a King as most resembling God in his works of Justice and Mercy and to whom therefore the People by Conscience are bound with all humility to pay the Tribute of Homage and Obedience And for this reason all persons of what Quality Condition or Sex soever tho they never took the Oath of Allegiance are as firmly bound by it as if they had taken it as being written by the Finger of the Law in the hearts of every one and the taking it is but an outward Declaration of the Act it self For as it is proprium Imperiis imperare per leges So is it proprium Subjectionis obedientiam praestare per leges Which is no more then the reciprocal Stipulation of God himself with his Creature Man I am the Lord thy God that brought thee out of the Land of Egypt therefore thou shalt have no other Gods but me I am the Lord thy God c. therefore obey my Commandments And it is remarkable that God always expostulates with his People for their Ingratitude for signal benefits receiv'd before he punish them for disobedience Now there is one prevailing Lure that draws Men into the Snare of Disobedience and that is call'd pretence of Religion which falling into the management of Crafty Heads proves the pernicious Coverture of Rebellious and Trayterous designs and therefore one of the greatest Enemies of Law and Government in this World It ought to be mark'd for destruction as Cain was for his preservation For it is a hard matter to discover it so exactly do the Incendiaries and Promoters of Sedition paint and dress their false Plantagenets and Pseudo-Mustapha's in resemblance of the real Portraiture Especially when they come to be fucuss'd and periwigg'd by the Skilful hands of Spiritual Ambition for the support of Ecclesiastical Pomp and Superstition It is nefarious any where but never proves worse then when it ascends the Pulpit From whence it ought to be exterminated with all the care imaginable there being nothing more fatal to all good Government then to foster it in the Bosom of Interest Which sully'd the Encomium of Ferdinand of Arragon a most prudent and happy Prince in whom says the Historian there was nothing to be desir'd but that Integrity with which he us'd to cloak his ambition and immoderate desire of enlarging his Dominions under the pretence of Religion Thuan. l. 1. Nor need there any farther Examples of the mischiefs of dissembl'd Piety then those which so lately imbru'd their hands in the bowels of this Nation However the truest touch-stone of feigned Zeal and counterfeit Religion is the Fundamental Law of the Land which being grounded as hath bin already made out upon the Law of God and Nature nothing of true Zeal nothing of sincere Religion nothing of Conscience will adventure to violate or disturb No real Christian Subject no person of Conscience no man professing the true grounds of Religion will deny his Prince the least tittle of his lawful Rights or refuse him the least Mite of his Legal Tributes or whisper the least undecent Murmur against his just proceedings according to the Fundamental Law of the Land which if true Prerogative it self cannot pretend against much less are the Encroachments upon it of dissembl'd Piety and masqueraded Zeal to be endur'd So that whatever pretence of Religion impugnes the Fundamental Law of the Land the pretence is unjust and irreligious and such pretences are to be grappl'd with as the intending Introducers of Confusion and Subversion Not that this extends to the inforcement of Obedience to any unjust Law which the Self-ends of Interest may produce For according to the Sentence of all the Grand Casuists now in Fame and of Suarez among the rest an unjust Law is no Law L. 3. de leg c. 19. and therefore lays no obligation upon the Conscience or Moral Obedience of the People but is rather to be peremptorily refus'd Now whither any Law be unjust or no is to be decided by Magna Charta for that all Laws made contrary to That are by other Fundamental Laws of the Realm adjudg'd to be void and of no effect And thus the Great Charter becomes the Judge of True Religion as well as True Law For True Law commands nothing but what is just and consonant to true Religion But an unjust Law is ex parte materiae unjust as commanding that which is dishonest and Irreligious of which only the pretence of Religion will adventure to be the Patron and which they who wrest the favour of the Law to protect can never be accompted Men of Religion or Piety And therefore the vigorous defenders of pretended Religion cannot be too severely censur'd as being breakers of the Law For 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A wicked Orator pollutes the Laws defending Falshood by Fallacy and Imposture by deceitful Argument Which tho they have their successes for a time yet no sooner comes the Storm of Reformation but they dash to pieces against the Rock of Fundamental Law Against which all the Cabals and Combinations of Policy and pretence of Religion have not yet been able to prevail Even the most Potent and Arbitrary Usurpation that ever hamper'd this Kingdom and the most powerfully defended in all it 's specious Pretences tam
Spirit in the Assumption of Shapes and are now at length a Terrour even to their first Indulger even Anti-Christ Himself To arm themselves against these several Pests of National Concord and Unanimity it behoves every true Christian and every good Subject For it can be no Crime for Men born Free to preserve their Ancient Liberties and Rights by the proper and legal means by Fundamental Law prescrib'd It can be no Crime to countermine the hidden Trains of Ambitious Project and self-ended Advice which for present gratification lye sapping the very foundations of Common Good and National Unanimity It can be no offence to have a watchful and vigilant Eye upon the conceal'd Corroders into the Bowels of Law and Liberty and to display the discoveries of their Wiles and Frauds For for want of detection the Law loses in part the opportunity of Reformation Nature has given to all Creatures some or other defence to preserve them from the Oppression of superiour Violence To some Horns Claws Tuskes Probosces Taloons and Stings from the Lyon to the Crawling Serpent To others Scales and Armour Cap a pe from the Leviathan to the little pitiful Prawn Neither are Vegetatives without their Thorns Barks and Prickles And it would be unreasonable to think that Man should be the only part of the Creation left altogether naked To him therefore is given both for private and for general preservation the defence of Reason and Law Which they who enjoy by Fundamental Constitution are the most happy People in the World nor can they be depriv'd of their Inestimable Treasure their Strength in the Law of Justice enless they will be so unkind to themselves and so treacherous to their Posterity as to surrender it to the Green Wit hs and weak Cords to such as love not Righteousness Wisdom 1.1 nor think of the Lord with a true heart And as the People are allow'd the Defence of the Law for the maintenance and Protection of their Liberties So is the same Law no less the Fortress and Bulwark of Prerogative And indeed the Law gives to Princes the highest Prerogative imaginable For the Law of Justice is Wisdom and not the Wisdom of one single Person but the Wisdom of God and Nature Which therefore Kings are advis'd to seek that they may Reign for evermore And who knows for it is not improbable seeing there are Thrones and Dignities and Preheminencies in Heaven that the Just Vicegerents of God upon Earth may be allow'd to re-assume their Dignities in the New Jerusalem which tho just and virtuous Princes cannot be sure of yet Tyrants and Oppressors can have little hope that it shall ever be their Lot Princes without their just Prerogatives look like the Sun in Winter depriv'd of all his Beams by a thick Fog They are but Fetter'd Dukes of Venice or Elective Kings of Poland Their Res Angusta domi levels their condition with the meanest obstat Virtutibus It will not let them display their Vertues in the performance of those glorious Enterprizes which their Heroic Souls pant after Their Subjects if so they may be call'd cannot apprehend whether they deserve or not For 't is no thanks that they do justly when they have no power to do ill And it is apparent that the too much over-weaning and over-wary curbing of Regal Power has bin the utter overthrow of many a glorious Undertaking And we find the Romans tho they had expell'd their Kings were forc'd when they knew not what else in the Earth to do in the low Ebb of their Affairs to trust a greater Power then ever their Kings had in the Hands of a Dictator A remedy which never fail'd ' em And therefore it behoves the People to defend the just Prerogatives of the Prince with the same Zeal the same Conscience and the same Resolution which they owe to the maintenance of their Liberties Lives and Fortunes Since it may well be thought that the one cannot subsist without the other The same Divine Oracle of Truth that said to Kings Do Justice and lead my People commanded the Subject to give Caesar his Due In which proportionate and equal Poyse of Relative Care and Obedience whatever State or Kingdom keeps its Station fix'd upon the Foundations of Law and Unanimity may be certain of an unshaken and immoveable Diuturnity FINIS