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A89755 An additional discourse relating unto a treatise lately published by Capt. Robert Norwood, intituled. A pathway unto Englands perfect settlement. Many things therein are more fully opened, several doubts and objections answered; a brief account given of the ancient laws, customs, and constitutions of this nation, before and since the conquest, so called. With something concerning the Jewish civil constitutions. With a brief answer to Mr. John Spittlehouse, in his book bearing the title, the first addresses to his Excellencie, &c. Norwood, Robert, Captain.; Norwood, Robert, Captain. Pathway unto England's perfect settlement; and its centre and foundation of rest and peace. 1653 (1653) Wing N1379; Thomason E708_9; ESTC R207149 39,963 68

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Fore-fathers admit him one of their Community Common or Comune-wealth and so to be an Officer therein or thereunto until he had solemnly by Oath in the most religious and strictest manner bound and obliged himself to observe keep and maintain their Common or Commune Law the antient Laws customs and constitutions of their Ancestors and those inviolate according to the custome of the English Nation to which every other Officer and Englishman is sworn also and soby Oath bound to the strict observance intire upright and faithfull keeping thereof In the statutes of Marlebridg in the first place of all it was agreed and enacted that all men living of this kingdome as well high as low must and ought to submit to judgemens the same Marlbridg in one of his other Chapters saith That the great Charter is in all points to be duly kept as well in those things that concerned the king as any other and that writs should be granted freely against any that infringe the same Note And that this did reach the king before and not first granted by Henry the third and exacted from him and others by a conquering sword And the Myrror written for the most part before the conquest as it is called tells us from the Saxon Parliaments that the kings Courts should be open unto all plaints by which they had original writs without delay as well against the king or Queen as any other of the people Cap. 1. Sect. 3. In his next words tells us that in cases of life and death also the plaint might hold without writ Bracton he also although adoring Kings yet placeth them under the Law and in receiving justice and submitting to judgement he must saith he Be the least or as the least And Fleata saith the same he must be content to be compared to the least in receiving justice and that the Law is above him The Myrror in Cap. 4. Sect. 11. speaking how Lords are chalengeable by their Vassals and how Homage may be dissolved and adjudged by combat he concludeth of the King that if he also shall wrong his Vassals in see the same course may be taken Cap. 5. Sect. 1. He there complaining of seldome Parliaments which saith he should be twice a year so it was agreed by King Alfred as he speaketh in a section of his first book and by and by after calleth it the soveraign abuse of all that the King should be deemed above the Law whereas he should be subject unto it as in his Oath it is contained And in the first Cap. Sect. 2. he gives us the Kings Oath and the last clause is that he should and would be obedient to suffer as much as others of his People And in King Edwards Laws in the 17 cap. De officio Regis We finde it such a duty also that if he break it he should not retain so much as the name of a king for thus saith the Law Quod nici fecerit nec nomen Regis in eo constabit wherein is shewn what were the ancient Laws Customs and Constitutions of this Nation ordained and appointed by our Fore-fathers I shall next shew you from that worthy learned laborious and ingenious piece and from which I have onely collected here inserted with those you had before of that Gentleman 's so painful collections to whom verily we are not a little beholding for his great pains in clearing evincing and vindicating the English liberties founded in defended and maintained by the ancient Laws customs and constitutions of this Nation I may not name him because himself for reasons best known to himself hath denied it to us his book beareth Title thus Rights of our Kingdom or Customs of our Ancesters touching the Duty Power Election or Succession of our Kings Parliaments our true Liberty c. freely discussed through the British Saxon Norman Laws and Histories with an occasional discourse of great changes yet expected in the world London Printed by Richard Bishop 1649. You will finde throughout the same that Kings were elective and elected by the kingdome or people and the law or at least the custome for electing anointing judging and executing Kings among our British Ancestors and since all along how they were in all things subject to the law equally with the others of the people as is already shewed how when we had kings how straightly and strictly they were bound and limited for as I think I shewed before there was a time when we had no king In his 81. p. he there shews that the Lord Chief Justices the Lord Chancellor and Treasurer were chosen by the kingdome and not by the king Strab● speaking of the ancient Brittons as he hath it in another place saith that they chose their Generals and all great Officers Magistrates and that they abhorred for a long time the name of a king and Caesar that we had no kings or fixed common Governour in times of peace but for war they chose out Generals yea and that the Lords in Parliament were chosen by the Counties as appears by writs yet to be read from the Rolls of Edward 1. and how that by the common law and custome of this Nation all the Sheriffs do command the posse Regni in their severall Counties and that not only in execution of writs but they are also custos Legis Reipublica the keepers protectors and defenders of the Laws and the Reipublike or Common-wealth its all one as well as of the peace of which he is the principal conservator in his shire and County and that all the Sheriffs ought to be and so were chosen by the people and not by the king as is to be found in Hoveden in the Laws of the Confessor and in full Parliament of Edward 1. it was declared to be the law and custome of the kingdome and therefore so setled in the choice of the people And although in latter times some alteration be made herein by Parliament yet this affirmative Statute doth not annul the common law or disannul the peoples choice had they the wit or courage to elect their Sheriffs before they be pricked And that these so chosen by the people did come to Parliament Their Generals also when occasion was were chosen by the people as he hath it in another place the sole and whole choice of Constables Headboroughs greater men then themselves know themselves to be Coroners and others remain still in the people And Tacitus that our Ancestors did both elect and bound their kings and Generalls Rex ex Nobilitate Duces ex vertute sumunt and of their kings he saith their power was so bounded that he could not call it free and that it was in perswasion rather then command In the great Moot of Scotlands dependency upon England Edward 1. confessed and after him the Parliament both Lords and Commons that they were all obliged by oath to maintain the rights liberties laws and customes of the kingdom and they never would
nor could consent that the king should if he would act against them The Writs also in king Iohns time required all men of all conditions to oblige themselves by oath to maintaine the great Charter and to compell the king thereunto which laws of king William with those of the Confessor were afterwards confirmed by king Henry 1. as appears by his Charter not only in the Exchequer a copy of which was kept in every County and the same Charter was again confirmed by king Iohn and again by Henry 3. and so it came into the great Charter and confirmed in more then 30. Parliaments You now see it plaine and without dispute that no man or men whomsoever have any rule power or dominion over others no more then others have over him or them and that the greatest even Kings themselves have acknowledged confessed and granted so much that we are all equally alike subject to the ordinances customes and constitutions of our Fore-fathers the laws of this Nation and that they and they only are the only and alone Rulers and Governours over and unto all and every one of us And verily if any man or men whomsoever may in any true and proper sence be said to be subject to under the power dominion rule and government of another it is certainely those we call our Rulers and Governours they being chosen ordained appointed and intrusted by the people unto their work and service for to perform do and execute their commands orders and appointments still in and according unto Law And verily none else whomsoever may or ought without greatly transgressing the Laws of God the Law of mans nature and the Law of this Land as is fully proved already Hence they are rightly called Officers and Ministers of the Commonwealth Officers and Ministers of such and such a Place Office Court or People in reference to such and such a work business and imployment therein or thereunto belonging receiving a wages stipend or salary for the same are therefore severally most certainly accountable for their several trusts unto those from whom they severally receive the same First by their undertaking that Office Place or Ministration in which very act they have made created or begotten a contract and trust unto themselves for no man takes and executes an Office but it must be from and so in reference unto another according unto which contract they do therein and thereby firmly binde and oblige themselves unto a true real and faithful performance thereof of which you may see more in my forementioned Treatise Secondly In that also they receive a wages stipend or salary for the same as the most if not all of them do upon this ground and foundation it stands upon this account or for this cause and reason it is that all our Kings we accountable and did several of them account unto the people and suffered also for the breach of their trust for their irregular unlawful and unwarrantable execution of their place office trust thereby breaking and violating the same and their Oath also taken in their admittance thereinto which every publick Minister or Officer likewise taketh before his admittance into any office of trust whatsoever Every King of England had a Wages Stipend or Salary allowed him by the People some more and some less some more at some time then at another at the discretion of the People this was one ground also why the Captains of war or Generals were chosen by the people be cause they received their Wages Stipends or Salaries from the people and their trust and comission also for which also and according unto which they were accountable and did account likewise so also the knights of Shires chosen intrusted and deputed by the people and in their behalf as in their steads and for their service to sit in Parliament received Salaries from the severall Shires for which they served so that servants they are also unto those who chuse them And the matter is most plain and evident in kings who did ever first swear fealty to the Commonwealth and laws as their superiours or leige-Lord before the people swore faith to them Therefore would not our fore-Fathers as you see allow or give the choice of any publicke officer or Minister whatsoever into the hands or power of their king when they had a king nor suffer him to chuse any because they should not be as servants unto him himself being but a servant unto them lest by their chusing of one another they should become of servants to be their Lords and Masters as in truth it came to pass Hence was it as you have seen that the Lords in Parliament or Barons were chosen by the People and not chosen or summoned by the King for their creation or being was anciently and at the first from and by the people only and not by the king by Patent or Creation by choice or election from or by him but by the election and choice of the people onely but when once the people had suffered this incroachment by their kings through disobedience to revolting and backsliding from the laws ordinances customs and constitutions of their Fathers they quickly saw and felt the miseries inconveniencies and mischiefs which followed thereupon how those whom they had ordained and appointed their servants by their electing and chusing one another of servants became in very deed and truth their grievous oppressing and tyrannizing Lords and Masters and how much blood and treasure hath it cost us since to redeem our selves Take heed of a relapse And verily it is almost impossible it should be otherwise as I could plainly evidence but I must hasten Certainly he who chuses makes and creates cannot but have a very great influence upon the party chosen made and created and the person so made created and chosen cannot but look up unto have an eye upon and especial respect and regard of bend and bow unto him that made and created chose or elected him it is his duty they are in their very nature essence and being relatives and relatives must needs reciprocally answer each other in their ways and ends Hence the Commons onely chose all their publike Ministers and Officers from them onely did they receive their trust that so their eyes might be onely upon them and they onely serve the common good But those who lately were now are not but both they and theirs turned out of doors Our fore-fathers verily were very wise prudent and provident O that we would tread in their steps and so honour them cleave to their Laws and Ordinances I beg every man to take heed God is my witness I am enemy to no man or men whomsoever nor do I envie any but would from my soul the good the peace and welfare of all and every one and will lye at the feet of all or any one to do him real upright and faithful service it becometh man to be faithful for he after whose pattern and image