question Have you not read that David being hungry entred into the House of God and did eate the shew-bread which was not lawfull for him nor any with him but only the Priests Or have you not read in the Law how on the Sabbath day the Priests in the Temple breake the Sabbath Sabbatum violant sine crimine sunt and are blamelesso And then he doth absolutely convict them of ignorance If yee knew what this is I will have mercy and not sacrifice yee would not have condemned the innocents Matth. 12. ver 1. Vsque 8. If the Law of God by the mouth and judgment of his blessed Sonne was dispensable No man can deny but humane lawes which are transitory may admit a qualification Or else our Gratious Salomon cannot according to the third branch of his oath doe equity and right Iustice with discretion and mercy Observe the rule of the Common Law in this point Dispensatio mali prohibiti est de jure Domine Regi concessa propter impossibilitatem praevidendi de omnibus particularibus Et dispensatio est mali prohibiti provida relaxatio utilitate seu necessitate pensata Co. 11.88 No greater argument of supreme and uncontrollable Majesty than a dispensatory power for when the Common Councell of the Kingdome have enacted penall Lawes for prohibiting somethings to bee done which are evill per accidens The KING by his owne Princely power alone may either in regard of persons or times or other necessarie conting encies dispence therewith PROTECTION as it is grande opus so it hath grave onus a great Balke a lâ—rgel arthen The oâ—-stretched and puissant Aimes of this Protâ—ction 1. By Lawes 2. By Armes Are not supported and maintained without inexpressibie charge In the first S. Lawes observe in the maintenance and execution thereof the â—â—â—ries and wages of the great and reverend Iudges the fees stipends and allowances of other Ministers and Officers of Iustice his Majesties extraordinary great experce in sending abroad and dispersing his Edicts and Proclamations in all the quarters and corners of the kingdome In the second S. Armes observe no lesse if not sarre more in the reparations and constant maintenance and supply of His Royall Navie of His Ordinance Artilerie and all other munition And his assiduous preparation in the time of Perce against the occasion or expectation of Warres And all must be according to the Prayers of our own Church to maintaine the People in wealth peace and godlinesse But that wee may returne with the greater thankfulnesse to GOD Let us look back and there are not many quarters of yeares since this great worke of Protection was invaded the union of two Ancient Kingdomes disturbed The Subject with jealousies distracted the former Valour of our English hearts blounted and amated our Liberties in a desperate jeopardy of bondage And which is worst Quis talia fando Myrmidonum Dolopumve aut duri miles Vlyssis Virg 〈◊〉 l. 3. Temperet a lachrimis What flinty heart can forbeare from teares A sweet mild mercifull KING in his studious vigilancy for quenching of these flames most sensibly perplexed and indeed brought into a great strait that hee had just cause to invocate the Mercy Seate of Heaven in the language of the Kingly Prophet Angustia est mihi valde I am in a great strait 2 Sam. 24. v. 14. He was so indeed and like Ionathan and his Armour-bearer between two sharp rocks Bozez and Sench the fore-front of the one was situate North-ward the other South-ward 1 Sam. 14. v. 45. What was the cause of all these miserable tumults and turmoyles Truly our blessed Soveraigne unhappily fell upon those times wherein David complains of the Iudges Magistrates and Ministers under his subjection Psal 82. v. 1. c. God standeth in the congregation of Princes He is a Iudge amongst Gods ver 2. How long will yee give wrong judgment and accept the persons of the ungedly David by mentioning Gods pretence in the aomen ill ration of judgments endeavouring to 〈◊〉 be a tenor in their hearts adds that sharp increpaâ—â—â—n v. 2. â—sque quo judic at is iniquitâ—em c. â—o give 〈◊〉 judgment is in pronouncing of Law not to observe an equality or rule prescribed by the lawes but to give sentence pro arbitrio suo after their own will fancy and passion for no other cause but so they would have it whence that vox tyrannica that proverb sprung up Sic volo sic jubeo stat pro ratione voluntas Our will is our reason and our will â—hall command After this severe objurgation the Prophet declareth the true use and end of upright judgement Defend the poore and fatherlesse See that such as be in need and necessity have right v. 3. Deliver the outcast and pcore save them from the hand of the ungodly v. 4. And then despairing of their reformation he doth amplifie his reprehen sions against them They will not bee learned nor understand but walk on still in darknesse All the foundations of the earth are out of course ver 5. It was so in Davids kingdome and no lesse in King Charles His Great Britaine David invocated God for redresse Exurge Deus judica terram Arise O Lord and judge thou the earth v. 8. And so did King Charles God heard the prayers and humble supplications both of King and People For in ictu oculi when all conditions of this State in the out ward survey of humane judgment were most desperate and deplorable Moventur omnia fundamenta terrae Psalme 74.22 God did arise and plead or maintaine his owne cause Our gratious Iosuah by the dictates of the holy Spirit did summon his Elders called his Common-Councill or Great Congregation together â—ove 1640. to treat of the difficult and urgent affaires concerning his Majesty the State and defence of his Kingdome and the Church of England The like in his Realmes of Scotland and Ireland They have all happily and religiously met in their severall orbes the Civill and unnaturall breaches of the two disjoynted kingdomes are unanimously pacified and both more firmely reunited than ever before The issues and fruits of the Counsels and consultations of our Parliament have far sarpassed the presidents of all former ages Let the Acts Ordinances and proceedings themselves be Iudges And pray we incessantly to the throne of Heaven that God will be still present and president in the maturating of all their debates and deliberations concerning Church and State And in al such times when King Church and people are in a strait That God would arise exurgat Deus dissipentur inimici Amen Amen Amen FINIS
De â—odoâ—reddendi according to the true meaning of this ancient oath of Legeance is the difficult question S. Pet. 1.6 2. v. 13. giveth this monition Submit your selves to every ordinance of man for the Lords sake whether is be to the King as supreme vers 14. or unto governours as unto them that are sent by him c. Though by the rule of S. Paul the substance of every princes power is the ordinance of God yet the specification of the circumstances thereto belonging as in regard of places persons Jurisdiction subordination and the rest is an humane ordinance introduced by custome or positive law Hence I will deduce this generall position That all subjects are bound by dutie and legeance to their princes to render to them civill obedience and their dues and duties according to the laws and customes of that kingdome wherein they live then by consequence the subjects of great Britain to their gracious Soveraign according to the Lawes and customes of our Nation To capitulate here all the casuall dues and duties annexed to his prerogative as forfeitures escheates confiscations or such like or wardships mariages primer seisin and many more at large recited and declared by the statute intituled Prarogativa Regis published in the 17 yeare of Ed. 2. Or to make particular rehersall of other ordinary dues as customes aide and such like were cleerly out of the scope of my intention But faithfully to deliver by what ways and means the king may require any extraordinarie aid and supply out of each subjects particular estate or terrene honour hic labor hoc opus est Some not well affected to the constant government of this kingdome The payments of dues and duties most proper by Parliamentary gift would have the kings necessities supplyed by impositions and taxes to bee raised and levied by the kings meer and absolute power without any commitiall consent of peeres and commons others more orthodox if I may so terme it to the happinesse of his Majestie and tranquillitie of the State doe hold and so it hath been declared by ancient modern parliaments that a parliamentarie gift subsidie or supply bee it of what name soever from the subject to the King is most proper and competible with the ancient rule and government of our kingdome The very name of parliament is sacrum quoddam and the nature of it most sublime and so long as the members are in unitie with the head most absolute and illimited The kingdome of England is a most ancient Monarchie under the rule and government of a Supreme Leige Soveraign conform and according to the peculiar lawes and customes of the nation confirmed by severall Parliaments and whereas all other nations as Bracton faith Lib. 1. Cap. 1. were governed by written lawes Sola Anglia usa est in suis finibus jure non scripto consuetudine in en quidem ex non seripto jus venit quod usus comprobavit Sed absurdum non erit leges Anglicanas licet non scriptas leges appellare cum legis vigorem habeat quicquid de consilio consensu magnatum reipublicae communi sponsione authoritate Regis sive principis praecadente juctè fuerit definitum approbatum England only is ruled by a law not written and by custom which by usage hath beene approved and it were absurd because not written not to call them lawes inasmuch as whatsoever by the counsell and consent of the Peers and commons and by the kings royall authoritie shall bee determined and allowed hath the power and vertue of a law Herein we may observe an authentike description of a parliament I cannot passe by the word Quicquid there is some remarkable energie in the generalitie of it that must not goe without a Quisquid Some would have religion and Ecclesiastike persons and do not stick to murmur loudly of it exempt from all parliament power All persons causes subject to Parliament but our Author who wrote in the later time of Hen. 2. well nigh 380 years agone not long after King Iohn had coactedly delivered over his royall Crowne into the hands of the Popes Legat and thereby admitted papall incroachments of jurisdiction in this kingdome although with the common errors of those times he seemed to advance pontisiciall power in Ecclesiasticall causes here cui scil Papae alioqui invictissimi etiam Imperatores Reges cesserunt as it is said in the prologue to Bracton yet he brings all jurisdictions and matters whatsoever with his Quicquid within the cognizance and power of parliament A parliament is the supremest Court of Justice in this kingdome Parliament the supremest court of justice an assembly of the King the Lords and peeres and the Commons of the Realme The word Parliament is a French word and signifies originally as much as colloquium a conference or treatie betweene the King and his Subjects Iâ—â—is great Court the kings of England have ever had authoritatem praecedentem as Bracton notes before aswell in regard of their naturall persons having supremacy and preeminent precedencie over and above all persons as of their politike capacitie and have the sole and only power to call and convene parliaments and to do all other kingly offices And they had and ever have potectatem subsequentem a power to ratifie and confirme such acts and lawes and Statutes whatsoever as are treated and agreed upon by the peeres and commons The king as learned Cambden observes and hath it from Bracton supremam potestatem merum imperium apud nos habet nec in imperii clientela est nec in vestituram ab alio quovis accipit nee prater Deum superiorem agnoscit In short the king is supreme over and above all persons and owneth no superiour but God The parliament is called by writs of summons directed to each peere of the land The calling of the parliament and by writs of summons directed to the Sheriffes of each severall countie And it is called by the advice and consent of the kings councell but note the king of England is armed with divers Councels One which is necessarieto be explained called Commune Concilium in all writs and proceedings and that is the high Court of parliament A second which is grande or magnum concilium which is sometime applyed to the upper house of parliament sometimes out of parliament to the peeres of the realme Lords of parliament Thirdly he hath his legale concilium his judges of the law for law matters The Fourth and last and not the least is the kings privatum concilium his privie Councellors of State The king hath as all the kings of England ever had his sacros and secretos consiliarios his sacred guard of privie Councellors Majorum et sapientissimorum è regno Amongst whom he fitteth in person and moderates their consultations in imitation of the precepts and presidents recorded in holy Scripture Where no counsell is the people fall but
committed within your libertie you shall also present all offenders and offerces against the Statute made in the fourth year of our late Soveraigne Lord King Iames intituled an Act to represse the odious and lothsome sin of drunkennesse and also against the Statute in the first Session of Parliament in the first yeare of his late Majesties raigne intituled an Act to restraine the inordinate haunting and tipling in Innes and Alehouses and other victualling houses with the alterations and additions contained in the said Act of the fourth yeare according to the alterations and additions of the Statute made in the 21. yeare of his said late Majesties raigne intituled an Act for the better repressing of drunkennesse and restraining the inordinate haunting of Inns and Alehouses and other victualling houses And lastly you shall well and truly doe and execute all those and such other things as are incident and doe belong unto your office of Constable for this yeare now to come So help you God FINIS AN EXPLANATION OF The old Oath OF LEGEANCE CONSISTING Of these foure generall Heads 1 What Legeance Ligeantia or Fides is 2 The extent of it by this ancient Oath and the severall parts and branches of the Oath 3 The Modus Reddendi of aids and supplyes to the KING 4 The Royall Office of the KING in the protection of his people confirmed at his Coronation Together with their severall Subdivisions at large LONDON Printed by Richard Badger 1641. AN EXPLANATION OF THE ANCIENT OATH OF LEGEANCE AN Oath is an attestation or calling God to witnesse of the truth touching those things which we say affirme and promise to do upon the holy Evangelists and before a lawfull Magistrate authorized to take such an Oath and that is a legall Oath There are two sorts of Legall Oaths used and practised within this Realme viz. Iuramentum consuctudinarium warranted by the custome of the Realm which is no more than the Common Law 2 Iuramentum Parliamentarium an Oath created and enacted by all the three States as the Oath of Supremacie prescribed 1 Eliz. cap. 1. and the Oath of Allegeance 3 Iacob 4. And no Oath can be imposed upon the Subject but what is enabled by the usage of the Common Law or by an Act of Parliament This ancient Oath was in time very long before the great Charter as in the former tract is remonstrated And bath beene confirmed from time to time in and by Magna Charta So that it hath 〈◊〉 power and vigor both from the common and commitâ—â—â— lawes of this Kingdome The Oath though once before mentioned doth follow viz. Heare yee that I. N. do sweare that from this day forward I will be true and faithfull to our Soveraign Lord the King and his heires and truth and faith beare of life and member and terrene honour And I will neither know nor heare of any ill or dammage intended unto him that I will not defend So help me God This Oath containes a reall protestation of every Subjects dutie to his Soveraigne and expresly declares what Subjection and Obedience ought to be expected from them and implicitely the office of the King towards his people which is protection for it is truly said That protectio trahit subjectionem subjectio protectionem It is cleare that the generall obligation of subjection and duties from the people and the power and prerogatives royall in the Prince are included in the law of God and are part of the Law of Nature whereto all Nations have consented which if I should Illustrate as well I might by innumerable testimonies presidents and examples aswell out of sacred Scriptures and Fathers as out of Heathen Writers Historians and others it would fill up a larger volumne than this Subject would require I am onely to deale with that subjective faith and Legeance which by the provinciall Lawes of this land which are Generalis consuetudo Regni Anglicae is naturally and legally jure haereditario due to the person and royaltie of his sacred Majestie This Legeance is derived to him from Lex aeterna the Morall Law called also the Law of nature part whereof the Law of England is being first written in Tabulis rectae rationis in the heart of man and the people by that Law governed two thousand yeares before it was published and written by Moses and before any judiciall or municipall lawes For the better informing of the vulgar sort of people herein for whom it is most convenient I shall assay to present to the well affected reader some collections to that end whereof I shall as the matter will beare endeavour an orderly prosecution 1 First a generall proposition what Legeance ligeantia or fides is 2 Secondly the extent of it by this ancient Oath and the severall parts and branches of this Oath 3 The Modus reddendi of aides and supplyes 4 The Royall office of the King ad protectionem for the protection of his people sacramentally confirmed at his Coronation 1 Legeance is a true and faithfull obedience of the Subject due to the Soveraigne this Legeance and obedience is a due inseparable from the Subject and is called ligeantia naturalis for as soone as he is borne he oweth by birthright Legeance and obedience to his Soveraigne Ligeantia est vinculum fidei the bond or obligation of faith and loyaltie Master Skency De verborum significatione verbo ligeantia saith That it is derived from the Italian word liga viz. a bond league or obligation As a great Lord Chancellor in the case of postnati said That ligeantia understood sensu currenti in the language of the time is vincusum fidei obedientiae the tye or bond of faith and obedience And he that is borne in any of the Kings dominions and under the Kings obedience is the Kings leige Subject and borne ad fidem Regis That is being the proper word used in the Law of England to be faithfull to the King It extendeth further in all cases of denization which is called ligeantia acquisita where any alien or stranger borne out of the Kings Dominions doth afterwards by any common grant of the King any Act of Parliament or other waies or meanes obtaine the freedome of a Subject within this Land Sometimes the extention of this word is yet larger for he that is an alien born out of the Kings Dominions ad fidem or under the obedience of another King if he dwell within the Kingdome and be protected by the King and his lawes hee is under the Kings Legeance ligatus Regiâ— and the reason is plaine For if to such a person any injury is done either in life member or estate the Law taketh as severe an accompt and inflicteth as severe a punishment upon the offenders in such cases as if the partie injured had beene subditus natus borne within his Majesties dominions Then great reason that such persons having the benefit of naturall borne subjects which is protection from suffering
every private person The end of all warre should be peace bellum geritur ut pax acquir atur 1 It is just cause of warre when publike negotiation and commerce is interrupted or disturbed and for recoverie of things wrongfully and by force taken fiom us by forraigne enemies 2 Or if any shall goe about to usurp upon the Kings right of dominion in any of his kingdoms It is just cause of warre After that David by Gods direction went up to Hebron and was anointed king over the house of Iudah upon the death of Saul he maintained a long warre against Ishbosheth the sonne of Saul for usurping the kingdome of Israel 2 Sam. 2. The revenge of an injurie or disgrace dispitefully done either to a Prince or to his Embassadors is likewise a good cause of warre when Naash the king of the children of Ammon dyed and Hanun his sonne succeeded in his stead David sent messengers to comfort him upon the death of his father their entertainment was not suitable to their errand Hanun by the advice of his Princes tooke Davids servants and shaved them and cut off their garments in the midst a natibus usâ—â— ad pedes and so sent them away For this great disgrace and abuse the text faith grandem contumeliam sustinuerunt David did justly wage battell against the king of the Ammonites Chro. 1.19 He did the like against Sheba the sonne of Bochri a man of Belial for blowing a Trumpet and solliciting the men of Israel to revolt from David to him Samuell 2. chapter 20. â—â—â—y other particulars might be here instanced Next how farre the preeminence of a king as to life and member is to be considâ—red Life and member considerable by the common and statute lawes specially by the common and Stature lawes of this kingdome by the common and positive lawes of England The subjects are bound by their legeance to go with the king and by the Commandement of the king in his wars aswell within the Realme as without and this doth copiously appeare by severall statutes which seeme to bee but declarative of the common law as 1 Ed. 3. cap. 7. which mentions the conveyance of souldiers into Scotland Gasconie or elsewhere 18. Hen. 6. cap. 19. which maketh it felonie If any Souldier retained to serve the King in his wars doth not goe with or doe depart from his Captaine without licence the preamble of the Statute tels us that the Souldier so doing did as much as in them was decay the honour and reverence of the king And by the Statute of 7. Hen. 7. cap. 1. Forasmuch as the offence of departing or not going did stretch to the hurt and jeopardie of the king the nobles of the Realme and all the Common weale thereof therefore he or they so offending should not injoy the benefit of Clergie By the Statute 11. Hen. 7. cap. 1. It is expressed that the subjects of this Realme are by reason of their allegeance bound to serve the Prince from the time being in his wars for the defence of him and the land against every rebellion power and might reard against him either within the land or without and this statute together with some others were adjudged Trin. 43. Eliza. to be perpetuall acts and not transitorie for the kings time only wherein they were made As peace is the true end of warre so peace must be preserved that warre may be avoided In the times of peace there must bee preparations for warre by causing musters and martiall meetings to be assembled at times convenient And therein the Lievtenants their Deputies of each severall Countie with Muster-masters and other subalterne officers have a speciall interest of imployment and therefore provision was made 4. 5. P. M. for the better ordering of Musters Captaines and souldiers In the time of peace the common and municipall law of this kingdome provides for suppressing of all rebellions insurrections and rietous assemblies To which end the king commits the custodie of each countie to an officer very ancient with us called a Sheriffe who for the service of the king and peace of the countrey hath power to raise the power of his countie And every subject is bound to attend him as the kings deputie in causes of publike service warranted by the lawes and this officer is to dwell in his proper person within his Baylywicke that he may the more readily attend the kings service The second point is terrene honour Terrene honour what it is and herein I must walke warily passibus aquis First must be determined what is meant by terrene honour Some would have it to be the outward worship and ceremoniall honour that wee can doe in this world to the king next to the service of God If that were only intended by these words it were but a shadow in regard of substance for in devoting our life and blood is comprehended the highest pitch and streyne of honour that might be Our Saviour Christ his words Matth. 6.25 Is not life more worth than meate and the body than raiment will fully satisfie us that the life of man is above all worldly riches and honours and therefore something else must be conceived out of these words more than a shadow or ceremonie By the first commandement of the second table in the subdivision of the persons to whom honor is due there is in the opinion of many Divines a kind of particular honor or esteem to be ascribed to a man who is more wealthy than his neighbour in regard of the talent of terrene riches wherewith God hath endowed him and thereby enabled him to supply the King and the common weal by rendring his respective dues and duties unto them in a larger proportion than other persons who are inferiour in their worldly meanes Dat census honores Then sithence all riches wealth and substance are called terrene quiae terris terrenis accrescant because they proceed and have their being out of earth and earthly things and are the causes of particular honour and esteem and of distinguishing the degrees of men as husbandmen Yeomen Gentlemen Esquires and the like and also of cradesmen both of Merchandize and manufacture according to the customes of this Kingdome It will follow by good consequence that as the King is to bee honoured and obeyed with life and member so with earthly substance according to the demension thereof and the degree of each mans earthly honour Saint Paul in the generall cleares this point of prerogative jure divino Romans 13. Omnis anima potestatibus sublimieribus subdita sit c. Let every soule bee subject to the higher power For there is no power but of God verse 2. whosoever therefore resisteth the power resisteth the ordinance of God And the Apostle pursues it with Ideo necessitate subditi estote c. verse 5. Wherefore yee must needes bee subject not only for wrath but also for conscience sake Verse 6. For this cause pay
in man it renders man glorious in preheminence above and in Dominion over all other Creatures In the participation of its faculties it makes one man more excellent and eminent than another Liberty is a word of generality excensive and appropriative to all Common weal â—hs Secundum modum and so to bee used and squared according to the generall law of Nâ—tions And it is defined by Bracton thus Bract. l. 1. c. 6. Num. 2. Est autem libertas naturalis facultas cjus quod cuique facere libet nâ—si quod jure aut vi prohibetur It is a naturall facultie of every man to doe whatsoever hee pleaseth but what he is prohibited by Law or Armes Freedome saith Fortescue is graffed in mans Nature by God whereof if a man be deprived he is ever desirous to recover the same againe as all other things doe that are spoyled of their naturall liberty But more particularly there is a Nationall Liberty which must be regulated by its owne peculiar and prescript Lawes Let us instance our owne British or English Nation wherein we injoy a twofold liberty the one Evangelicall or Christian which is our Religion the other Civill or Politicall our estates and lively-hood This Liberty is no so free of it selfe nor so large in its extent but that it must be confined under the wardship of the Law Lex igitur sit custos Libertatis Law the Guardian of liberty que summis insimis aequa reddat praescribat jura Nilcontra leges committatur quod impunè fiat in alâ—enam dignitatem fortunas vitam denique nemo temere invadat Quod quis habet illud se habere existimet Let the Law be the Guardian of Liberty which may render and administer equall right both to high and low Let no man transgresse the Law with impunity nor rashly assaile another mans estimation life nor lively-hood And every man know himselfe to be owner of what he hath This last species is a most reall property of true liberty and a great happinesse indeed both to KING and People that the people may know what they have of their owne to render to the King for his timely supplies And the King be â—ssured of their ablenesse and readinesse with theâ—â— uttermost meanes to support his great and weighty office of Protection A man may behold the embleme of true lâ—bertie in Iacobs Ladder Angels ascending and descending Angels of Legeance and Obedience ascending to the Throne of Majesty Angels of Peace Grace and Protect on descending from the Soveraigne to the Subject O quam eximâ—um drvinum libertas est bonum quod omne vivens expetit sine quo nihil jucundum nihil suave nihil â—harum cuiquam esse possit Ac ne ipsa quidem vita vitalisâ—â—se videatur pro qua nemo unquam bonus mori dubitavit Oh what most excellent and divine good is Liberty which every living creature desires and affects without which nothing can bee pleasing nothing comfortable nothing can be deare to any man Nay life it selfe will seeme to be no life And for support of this liberty what good man would grudge to die It is the Mother and Nurse of all resplendent vertues the Mistris of all liberall Arts and Sciences the beauty of Peace and the Theater of Iustice This makes the King splendently radious at home and formidable abroad He that will behold liberty in its true lustre must cast his eye upon its opposite A base asinary servitude and servile subjection But what sort of servitude I now mean may be a question There are diverse severall sorts of Servitude Three sorts of Servitude There is 1 Servitus creata constituted by the Law of Nations whereby a man becomes subject to another mans power and dominion contrary to nature and is called so a servando non a serviendo from their safety not from their service For in ancient times Princes were wont to sell their Captives who were subdued by Warres thereby to save and not slay them 2. Servitus Nata which was a bondage or service introduced in this kingdome in all probabilitie from the Law of Nations and so by Native propagation they were called Nativi and Nativae and their service grew to bee a tenure in Villenage which was incertaine and indeterminate they were bound to do whatsoever they were commanded by their Lord and did not know over night what they should doe in the morning yet this servitude was legall because warranted by the Lawes of the Land They were under the protection of the King whosoever killed any such person was to undergoe the same judgement as if hee killed a Free-man Neither of these are within the Scope of any of my intentions but a far worse 1. Servitus libâ—ris imposita or libert as in servitutem redacta a bondage imposed upon Freemen or liberty reduced to slavery which whosoever shall attempt to effect doe as much as in them lye compasse the subversion of the lawes of Nature the Lawes of God the fundamentall Lawes of the Land the incomparable glory of the King and the welfare of the people Liberty saith Bracton is evacuatio servitutis an emptying out or voyding of servitude Et contrario modo sâ—se respiciunt ideo simul non morantur There is such an antipathy betweene them that they never abide together Arbustum geminos non capit Erythacos Where such servitude hath its residence in what Nation soever there is no Iustice no perfect vertue no Valour no Arts no Sciences no Doctrine no Discipline no Law no property Ibi homines ipsi saith one dimidium animi perdunt their lives and Conditions are irkesome to themselves unusefull and unprofitable for any service and most inglorious to their Prince of this more in another place I proceed in the matter of Protection Master Bracton describes three things which the KING upon at his Oath his Coronation ought to promise to his people under his subjection 1. Imprimis se esse praecepturum pro viribus opem impensurum ut Ecclesiae Dei omni populo Christiano vera pax omni suo tempore observetur Hee shall command and to his uttermost indeavour that true peace may bee at all times observed to the Church of God and all Christian people 2. Secundo ut rapacitates omnes iniquitates omnibus gradtbus interdicat That he should by all meanes straitly prohibite or restraine all extortions or oppressions greavances and all injustice whatsoever 3. Tertio ut in omnibus judiciis aequitatem praecipiat misericordiam ut indulgeat ci suam misericordiam Deus ut per justitiam suam firma gaudeant pace universi That in all judgements He doe prescâ—â—be and injoyne the execution of Iustice or right and reason and of Mercy That our mercifull and gracious God may have mercy on him And that by his Iustice all men may injoy a constant Peace Our late times as by an old Magna Charta Printed