not our Christian faith and legeance to our Saviour nor our naturall or civill Legeance to our Soveraign cannot bee interdicted to the poorest thoughts Sure I am this Court is so ancient and of such transcendent honour and justice as Plow com.fo 399. observeth that none ought to imagine any dishonourable thought of it and why It must be so esteemed ratione persone regis by reason of the kings sacred person who is there present and president of that great Assembly as also the laws there made are established by the generall consent and are obligatorie both to king and people The parliament being called with the advice and consent of the privie Councell what is the end of their meeting Sir Thomas Smith in his Common wealth of England l. 2. c. 2. shall speake for me The Parliament the Kings Royall assent being had Power of a parliament abrogateth old lawes and maketh new giveth order for things past and things after to be followed changeth the right and possessions of private men legitimateth bastards establisheth formes of religion giveth forme of succession to the Crowne defineth of doubtfull rights whereof no law is already made appointeth subsidies tayles taxes and impositions giveth most free pardons and absolutions restoreth in blood and name with many such preheminences In this great assembly no reviling nor nipping words must be used And if any speake unreverently or sediciously against the Prince or the privie Councell they have not noly beene interrupted but justly sent unto the Tower by the authoâ—â—tie of the house those that be members of that bodie must come with a prepared heart to consult together to give counsell and advertisement what is good and necessarie for the common weale they must come with cheerefull resolutions to supply the prince his wants they must cast off all rancor spleene and private malignancie for locus facer est I will second it with the words of a great Judge Co. Inftit fo 110. a. The jurisdiction of this Court maketh inlargeth diminisheth abrogateth repealeth and reviveth laws Statutes Acts and Ordinances concerning matters Ecclesiasticall Capitall Criminall Common Civill Martiall Maritine and the rest What cannot a parliament doe as a great peere once told Queene Elizabeth Royall assent being had was it not then a hainous and inexcusable crime for any man intrusted with the lawes publikely to declare that the late imposition of Ship-money was a prerogative so inherent in the Crowne as that it could not be taken away by Act of parliament It is most repugnant not only to the workes and writings of the ancient heroes of the law Bracton Fritton Fortescue and others but also to the opinions of grave and learned moderne Writers and dead and living Judges But that opinion and all the proccedings upon the Shipwrits are in this present parliament condemned and disanulled 17. Car. cap. 14. and the petition of right in every particular confirmed To adde something more Bellarmine after many sharpe writings and vehement disceptations in defence of merits and workes of supererogation his age hastening his end now bethinks himselfe falls wholly from disputes of merits to pious meditations and therein presents unto the world Tutissimum est iter ad calum per merita Christi The safest way to heaven is by the merits of Christ An honourable peere as great in the policie of our English state as ever the other was in the Romish Church was formerly a great Zelote for the liberties and wellfare of the common people and an earnest prosecutor of the petition of right Afterwards in the highest of his eminent advancements relapsing and disaffecting the course of parliaments whose examination and try all his actions could not well endure mole tandem ruit sua is at length hurried downe with the weight of his owne greatnesse And not long before his death ingenuously confessed That the Parliaments of England were the happiest constitution that any kingdome did ever live under and under God the best meanes to make King and people happie And sowith his dying words omitting the numerous priviledges of that high Court I conclude this part THE KINGS Royall office OF PROTECTION I Shall proceed to the last of my Generalls that is The Royall office of the King for the protection of his people I have touched before his personall and politike capacity and the naturall Legeance and Subjection of the people to him and principally in the right of payment their dues and duties and the great question de modo reddendi As Legeance is due from the Subject to the King before the Oath be taken and the Oath is but a visible demonstration of it So there is a Protection due from the king to the people before the oath administred to him at his Coronation and that oath is but a politicall expression of what by the law of God and nature and the lawes of our nation appertaines to his Kingly office It is observed upon the sift Commandement Vbi sanciuntnr officia inferiorum erga superiores And. Rivet in 5. Praec Decal ibidem etiam superiorum ergainferiores sanciri where subjection is jojoyned there protection is implyed As the Subjects must bee true and faithfull to the King of life member and terrene honour So the King must be as true to them in the protecting of all these and their libertie and proprietiein all these viz. the libertie of their lives of their religion of their persons and the propertie and right of their lively hood and estates in their lands and goods all which may be comprehended under this one word libertie dulce nomen and res dulcis Bâ—t what is libertie What liberty is It is a freedome or free and quiet enjoying of a man his spiritual and temporall estate his bona animi or animae and his bona fortunae from rapine expilation and all unjust incroachments restrains confinements imprisonments and oppressions whatsoever and that part of our Law which concernes the Subjects libertie is commonly called in the Law bookes Lex terrae Liberty is the only preserveresse of a Christian Common wealth in incolumitie and stabilitie And as one saith Rebus omnibus humanis Anteponenda pro illiusque incolumitate integritate totis viribus opibus dimicandum It is to bee preferred before all humane affaires and the safery and entirement of it to be propâ—gned and defended with all manner of strength and power But liberty must have its modum mensuram It must be with an It a tamen cum justitia dignitate praesidio reliquis reipulblâ—cae ornamentis sit conjuncta It is and must be joyned with lustice Honour ayd and the rest of the Ornaments of a Common-wealth That is true liberty which is joyned or affianced with uptight reason And he is a true Free-man which hath such reason for his guide in all his actions Reason is radius divini luminis the lustre of a divine illumination It is the stampe of Gods Image
Anno 1556. appeares have set forth the forme of the KINGSO ath at His Goronation Out of which I have selected these branches concerning the regall Office of Protection 1. That hee shall keepe and maintaine the right and the liberties of the holy Church of old time granted by the righteous Christian Kings of England 2. That he shall keepe the peace of the holy Church and of the Clergie and of the People with good accord 3. That hee shall doe in all his judgements equity and right Iustice with discretion and mercy 4. That he shall grant to hold the Lawes and Customes of the Realme and to his power keep them and affirme them which the folke and people have made and chosen and the evill Law â—s and Customes wholly to put out 5. And stedfast and stable peace to the people of this Realme keepe and cause to bee kept to his power 6. And that hee shall grant no Charter but where hee may doe it with his Oath All these severall branches are but the specifications of that one word Protection What Protection is But it will bee demanded what is protection It is not onely a safe-gard and defence of life and member liberty lands and estate of the Subject but a conservation and maintenance as well of the Religion as of the Lawes established within his Majesties Realmes And that this blessing of protection may the better flourish over us The incessant prayers of our Church do daily intercede for Our Gracious Soveraigne unto Almighty God so to dispose and governe his heart that in all his thoughts words and workes he may ever seeke the honour and glory of God and study to preserve his people committed to his charge in wealth peace and godlinesse This protection is generall from the King to all and over all his people and somtimes more specially to some particular persons in some speciall cases of transmarine businesses or other services by way of writ There are a twofold meanes by which this benefit of safety is diffused and distributed from the Prince to the people 1. By Lawes 2. By Armes Whereupon learned Glanvill Chiefe Iustice in the dayes of Henry 2. in his prologue to his Treatise of the Common Lawes of England thus begines Regiam potestatem non solum armis contra rebelles gentes sibi regnoque insurgentes esse decoratam sed legibus ad subditos populos pacificè regendos decet esse ornatam It doth well become Majesty not only to be well appointed with Armes against Rebels and Invaders of Him and his Kingdome But to bee furnished with Lawes peaceably to order his Subjects and people And Bracton Chiefe Iustice in the time of Henry the third affirmes thus In Rege qui recte regit necessaria sunt duo haec Arma viz. Leges qu bus utrumque tempus bellorum pacis recte possit gubernari He addes further Si arma defecerint contra hostes rebelles indomitos regnum erit indefensum Si autem Leges exterminabitur Iustitia necerit qui justum faciat judic um If Armes or Military supply against enemies be sâ—aâ—ted the kingdome will bee naked and indefensive and if Lawes be wanting Iustice will bee exiled and there will bee none to give just judgment Lawes and Armes are the proppes or pillers of Protection Lawes are of a most excellent preeminence above Armes If the Law had not bin broken there had bin no use of Armes I will therefore first begin with Lawes There was a Law insita naturae Laweâ—â— written in the heart of man in and with mans Creation after Gods owne Image By some it is called the Law of Nations and ought to be observed as well amongst Iewes and Gentiles as amongst Christians And in our Common Law it is called Lexrationis Dr. stud â— â— cap. 2. which by a naturall prompting doth informe us that all good things are to be pursued and all evill to be eschewed This Law of Nature through tract of time and Customes in sin was slurred defaced and in a great part worne out Necessarium igitur fuit quod daretur Liber extrinsecus continens leges praecepta per traditionem Dei c. And thereupon the Law was given by God upon Mount Sinay to Moses as is herein formerly handled which is the positive Law in the Scriptures The Prophets afterwards by often denouncing of woes and judgements against the breakers of the Law did quicken and give life unto it in the people The summe of all this Law and the duty of it our blessed Saviour did in one Evangelicall precept render unto all posterity In all things whatsoever yee would that men should doe to you Matth. 7 8.1â— doe yee even so to them for this is the Law and the Prophets From the Law of Nature or Reason and from the divine Law imposed in the Scriptures all the principall and fundamentall Lawes of our Kingdome are subderived and thence by secundary and mediate grounds have their essence and consistence As the Law of Nature was at first not written in any judiciall book So you have heard before that the Lawes of England were at first leges non scriptae and the subjects liberties only known and distinguished by Custome and usage These not written Lawes for the most part of the first two centuries after the Conquest were much obscured and even subverted partly by the then over-ruling arbitrary sway of Soveraignty sometimes by Papall usurpations oftimes by the over-weening power and tyrannicall pressures of the Peeres and Great Counsellors of state over the poore disheartned Commons who for recovery of their wounded and defaced Lawes and liberties were ofâ— inforced into many outragious rebellions and bloudy insurrections in so much as the Government of the Kingdome for a long time greevously languished of an Antonotnical feaver Begin we with the beginning of the Subjects seeming recovery of their old Lawes and liberties King Iohn before mentioned having bin long imbroyled by the Civill Warres of the Barons inflamed by the Pope who to advance his supremacy here soothed up the King in thundring out excommunications against the Barons about the seventeenth yeare of his Raigne being affrighted with the noy sed strength of his Nobles Army King Iohn descended to a meeting and parlee with them at a place called Roundesmead betweene Stanes and Windsor And upon a pacification of his Nobles and for quieting of his kingdome He there by his Charter 16. Iunij Anno regni 17. called Magna Charta did grant unto his Peeres and Commons their long claymed liberties and not many moneths after dyed Henry third a Child of nine yeares age Anno 1216. Henry 3. ascendeth the Throne as heire to the incumbrances of the kingdome as well as to the Crowne The Commons greedy of liberty and the Nobility of rule and the humorous spirits of young insinuating favourites opposing and discountenancing the wisdome of the gravest Counsellors kept the
with men learned and Nobly borne He sate himselfe daily in Councell and disposed his affaires of most consequence in his owne Person His Counsellors as one saith were avessaâ—â—es nor principalls He permitted them ability to advise not authority to resolve By this meanes keeping the lore in his owne power as fittest for Princes to doe Hee had a gracious issue of peace ever after attending the remainder of his Raigne and happily lived to traine and adaptate his son and Successor Edward the first Englands Iustinian for the future swaying of his Royall Scepter and afterwards 16. Novem. 1272. dyed his sonne and Successor being then in the holy Land and thirtie yeares of age who being partner of his Fathers experience shewed himselfe in all his actions after capable to command not the REALME onely but also the whole world This renowned King returning from the holy Warres was with Eleanor his Wife crowned at Westminster 15. Aug. 1272. And afterwards 15. Aprilis 3. Regni began his first Parliament at Westminster called West 1. And therein the King did will and command that the peace of holy Church and of the Land bee well kept and maintained in all points and that common right be done to all as well poore as rich And cap. 6. doth provide that no Citie Burrough or Towne nor any man beamerced without reasonable cause and according to the quantity of his trespasse that is to say Every Free-man saving his Free-hold a Merchant saving his Merchandize a Villaine-saving his gainure and that by their Peeres and this is but a reflexe upon the 29. Article of the Great Charter No Free-man shall be taken c. In October 25. Regni after many other Parliaments The King held a Parliament at London and did then fully grant and renew the great Charter made by his Father in the ninth yeare of his Raigne and the 37. Chapters therein contained unto the Peeres and Commons in haec verba and likewise the Charter of the Forest under his great Seale In this Parliament cap. 1. those Charters were confirmed And the King did well that the same should be sent under his Seale as well to his Iustices of the Forest as to others and to all Sheriffes of Shires and to all his other Officers and to all his Cities throughout the Realme together with his writs commanding that they cause the foresaid Charters to be published and to declare to his people that his Highnesse had confirmed them in all points And that his Iustices Sheriffes Majors and other Ministers which under him had the Lawes of the Land to guide should allow the same Charters pleaded before them in judgement in all their points S. the great Charter as the Common Law and the Charter of the Forest for the wealth of the Realme Cap. 2. All judgments given against the points of the Charters should be undon and holden for nought Cap 3. It was enacted that the same Charters should bee sent into every County under the King Seale there to remaine and should be read before the people two times by the yeare Ca. 4. The sentence of examination was to be denounced twice a yeare against the breakers of those Charters Cap. 5. It was enacted That whereas the aydes and taskes given to the King before time towards his Wartâ—s and other businesse of the Subj cts owne grant and good will howsoever they were made might turne to a bondage to them and their heires because they might bee another time found in the Rolles and likewise for the prices taken throughout the Realme by his Ministers That such ayde taskes or prices should not bee drawne into a Custome for any thing that had beene done before be it by Roll or any other president whatsoever that might be found Cap. 6. That from thence forth no such manner of aydes taskes nor prices should be taken by the King but by the common assent of the Realme and for the common profit thereof Ca. 7. The Commons being grieved with the Maletent of wools S. a toll of 40. s. for every sack of Wooll upon their petition the King released it And did grant for him and his heires that no such things should bee taken without their common assent and good will The whole Subject of this Parliament is stiled Mag. Char. Printed 1540. Confirmatio chartarum de libertatibus Anglia forrestae And followes the great sentene e of excommunication called sententia lata super Chartas denounced by Robert Kilwarby Arch-Bishop of Canterbury and the Clergy against the violators of those Charters I find next insuing this sentence in that booke of 1540. the Statute de tallagio non concedendo that no tallage or ayde should be laid or levied by the King or his Heires without the good will and assent of the Arch-Bishops Bishops Earles Barons Knights Burgesses and other Free-men of the Communalty of the Realme Cap. 2. Nothing should be purveyed to the Kings use without the owners consent Cap. 3. Nothing from thence forth should be taken of sacks of Wooll by colour or occasion of Maletent Cap. 4. All Lawes liberties and Customes were againe confirmed and the curse of the Church to be pronounced against the breakers of this Charter This Statute hath no certaine time prefixed of its making But afterwards at a Parliament held at Westminster in Lent 28. Edw. 1. certaine Statutes were made called Articulisuper Chartas whereby the two Charters were more strictly confirmed and injoyned to be read foure times in the yeare by the Sheriffe before the people in full County and those are but explanations upon Mag. Charta The second Chapter being large and wholly made for the reliefe of the Subjects against the Kings Purveyors and Ministers for taking their goods and victualls against their wills at what price they pleased and sometimes without any price The third concerning the Marshals jurisdiction of the Kings House and other good â—nâ—uing Lawes and Sâ—atures which are but Comments or Paraphiases upon that Article of Nullus liber homo c. and doe provide penalties in certaine where none were before I will wade no further into the numerous confirmations of Magna Charta It hath bin ratified since 9. of Henry third above thirtie rimes I may be bold to say it is the Grammar of the fundamentall Lawes of the Land By which all other Lawes are to be construed It is the lydius lapis of the Law It is the syse and Standard by which all our Nationall Lawes must be assayed and tryed Those are the Lawes which the Kings of England at their Coronations have sworne to maintaine and to execute Iustice to the people according to the Lawes and thereby to protect their subjects No Acts of Parliament are so wisely contrived and interwoven with reason and judgment but some sonnes of Beliall will arte vel ingenio strive and compasse to elude and subvert them At the Parliament in the third yeare of his now blessed Majesties Raigne an humble remonstrance
was presented by the Peeres and Commons unto his Majestie in their petition of right concerning diverse rights and liberties of the Subjects before mentioned which had bin intrenched upon touching their lives persons and estates Whereupon his Majesty did fully freely and graciously confirme in all points their said petition of â—gnt with Soit Droit fait come est desire And I daâ—e boldly say His Royall goodnesse hath beene of himselfe most vigilantly carefull and tender to observe it It is said before that the Law is the Guardian of liberty The Law must bee under wardship too Who be the Law Wardens who then be the Law-Wardens The King originally is intrusted under God with the custody of the Lawes under him the learned and Reverend Iudges are interessed in the Curator-ship of the Lawes and in them of the lives liberties and estates of the whole kingdome And at their first investiture into their places they take a solemne oath incident to their great offices By that oath they ingage themselves as fe-offees in trust to Minister true right betweene King and people and to execute Iustice to the people according to the Lawes of the Land and thereby and by receiving the weighty trust from and under him for the custody of that inestimable Iewell the Lawes they are to acquit the King of so much of his oath I cannot here forget some old verses Realmes have rules and Rulers have a syse Which if they keep not doubtlesse say I dare That eithers greefes the other shall agrise Till the one be lost the other brought to care I will not Comment upon them they were written upon a Subject of 240. yeares a gone and a bad sample thereof hath hâ—pned in our times Lawes are the syse of rule and government By which the opinions and judgements of our twelve Iustitiars must bee weighed and guided they are the Subjects birth-right and inheritance They are the golden ring by which the King at his Coronation is politically espowsed to the Common-Weale and have bin enameld with the bloud of many Millions and Myriads of soules Woe be therefore unto them that have been are or shall be the violaters and betrayers of that sacred trust What must they be that will render themselves guilty of so haynous a crime Surely none of Iethro his Counsellors Not men of courage nor fearing God nor loving Truth nor hating Covetousnesse They must be in their conditions Tyrants haters of Law for having once broken the lore of Law they feare to be tryed by the plumb-line of the Law And then followes Quod timent oderunt quod oderunt destrui irritum omniò esse volunt what they feare they hate and what they hate they would utterly destroy Oderunt impij omnia Disciplina vincula legem â—yrannum esse judicant Moller in Psa 139. The wicked hate all bonds of Discipline and condemne the Law to be a Tyrant But their guerdon is Qui peccant contra legem lege plectentur Offenders or Subverters of the Law shall have their demerited punishment by the Law It is said of sacrilegious Church-robbers Frustra petunt auxi lium Ecclesiae c. They are excluded all benefit of Clergie that sinne against the Church The Law is the Temple or Sanctuary whether the Subject is to runne for shelter and refuge M. Saint Iohâ—s speech fol. 4â— If the Wardens of this Temple desert their Office and abjure the Sanctuary Let them expect nor fuge thither nor other but the Law to bee testem jud cem Satellitem their witnesse their Iudge their executioner And their I leave them So much for Law THe other prop or Piller of Protection is Armes Armes whereof I have sufficiently spoken before for so much as concerne the Subjects duty and legeance And for that which concernes his Majesty It is so generally knowne That I shall need to give but a touch By the Common-Law of the Kingdome No man was chargeable to arme himselfe otherwise than hee was wont in the time of the Kings progenitors S. Edw. 1. And no man was compellable to go out of the Shire but where necessity required and sudden comming of strange enemies into the Realme And then it should be done as had been used in times past for defence of the Realme Likewise the preparing men of Armes and conveying them unto the King into forreigne parts was meerely to bee at the Kings charge And howsoever in the time of Edw. 1. certaine Commissioners did incroach upon the Commons and compelled the shires to pay wages to the Preparers Conveyers and Souldiers whereby the Commons had bin at great charge and much impoverished The King did will that it should be so done no more Stat. 1. Edw. 3. cap. 5.7.1327 And 18. Edw. 3. Cap 7. It is provided That men of Armes Halberts and Archers chosen to goe in the Kings Service out of England shall be at the Kings wages from the day that they depart out of the County where they were chosen till they returne Those Statutes are but affirmations or the Common Law and are utterly destructive to the late impositions of Coate and Conduct money and such like levies in that kinde as are not warranted by common assent in Parliament By both these S. Lawes and Armes the peace and unitie of those two deare sisters the Church and Common weale are strengthened and upheld And in both these the Prince hath power of direction to make and establish lawes to raise and levie Wars and power to command the execution and expedition of them Neither of these are acted without Counsell frustra leges frustra sunt arma nisi sit consilium And it is a true rule Sanissimum consilium non fine concilio the best Counsell is from a Councel or Assembly of Counsellors And therefore the King as you heard before is attended with his Privie Councell which is a body politike unum è pluribus const tutum and no body without a head for as Forrescue fol. 30. saith Quandocunque ex pluribus coâ—st tuitur unum inter illa unum erit regens alia erunt recta This body politike whereof the King is head the autiquity and use wheâ—of I have sufficiently before remonstrated is at ended with two great Nuncioes Angelis è Caelo Iustice and Mercy They are ornamenta coronae The prâ—tious Diadems of the Kings Crowne they are columnae Majestatis the two maine supperâ—ers of regall dâ—gnity By the one S. His Iustice he hath potestatem praeveniendi and subveniendi a power by making of Lawes sending forth his Edicts and Proclamations of preventing all capitall and criminall offences all homicides rapines oppressions injuries rebellions mutinies and all greevances whatsoever either of force or frand and either against the person or estare of His Majesties Subjects And if prevention be not availeable â—â—in naturall so in Civill diseases it sometimes failes Then must his power of subveniendi be administred and that by 〈…〉 execution
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
and without limit from this day forward 2 The terminus a quo you every subject whom the Law injoynes to take this oath 3 The qualities or properties required that is to be true and faithfull 4 Terminus ad quem to whom To our Soveraigne Lord the King and his heires 5 In what manner And faith and truth shall beare of life and member That is as in Calvins case untill the letting out of the last drop of our dearest heart blood And I must adde what is there omitted And terrene honour That is the uttermost of our estate and livelihood 6 The circumstance of place where these duties of Legeance concerning our lives and estate ought to be performed it must bee in all plaees whatsoever without any circumscription for you shall neither know nor heare of any ill or dammage c. that you shall not defend The parts of this oath for the better instruction of the common people I shall summe up in this one proposition which I will presume briefly and succinctly to handle Every subject must be true and faithfull to the King and his heires to the uttermost of his life and fortune or estate 1 The King hath a double capacitie in him one a naturall bodie being descended of the blood Royall of the Realme which is subject to death infirmitie and such like 2 The other is a politike bodie or capacitie so called because it is established by the policie of man and in this capacitie the King is esteemed to be immortall invisible not subject to death infirmitie infancie non-age c. This Legeance is due to the naturall person of the King which is ever accompanied with the politike capacitie that is the Crowne and Kingdome And is not due to the politike capacitie only distinct from his naturall as by divers reasons in Calvins case is at large recited and resolved For if that distinction might take place then would the faith legeance and obedience of every subject due to his Soveraigne be appropriated regimini non regenti to the government of a Kingdome not to him that ruleth or governeth In the time of Edward the second at a Parliament holden at Yorke Hugh la Spencer the sonne being nominated and appointed to serve the King in the office of Chamberlein did draw unto his adherence Hugh Spencer his father and they both usurping upon the Kings Royall power and compassing about to have the sole government of the land to themselves did traiterously contrive a declaratorie writing which they would have compelled the King to signe purporting amongst other mischievous positions That homage and oath of Legeance was more by reason of the Kings crown that is his politike capacitie than by reason of the person of the King whence they inferred these damnable and detestable consequents 1 If the King did not demsne himselfe by reason in the right of his Crowne his leiges were bound by oath to remove him 2 That sithence the King could not be reformed by suite of Law that ought to be done per aspertee by asperitie of Compulsion 3 That his leiges be bound to governe in aide of him and in default of him All which execrable opinions were condemned by two Acts of Parliament one in the 14. yeare of the raigne of the same king Edward the second called Exilinm Hugonis le Despensor patris filiâ— the other An. 1. Ed. 3. cap. 1. which confirmed the banishment of these Spensers Legeance then by law of nature before any judiciall or municipall lawes were recorded or reported is due to the sacred person of the king alone immediately and without any intervallum or moment of time and before the solemnitie of his Coronation and so must remain to him and his heires and entirely without any partnership with him or any intermission in default of him emnimode by all wayes and meanes It is due to his naturall person accompanied with his politike capacitis indistinctly without any partition or separation and this oath is a politicall confirmation of that Legeance It is due to him as he is mixta persona anointed by the hand of the priest as he is supreme head under Christ in all causes and oveâ— all persons aswell Ecclesiasticall as Civill The qualities prescribed by this oath are naturally incident to Legeance veritie and fidelitie to be true and faithfull and they compâ—ehend what before is spoken of faith obedience and subjection faith unto his person obedience to his lawes Subjection to his government or all to all faith subjection and obedience to his person laws and government By the ancient lawes of this Realm this kingdome of England is an absolute Empire and Monarchie consisting of one head which is the king and of a bodie politike which is the common wealth compact and compounded of many and almost infinite severall members all which the law divideth into severall parts the Clergie and the Laietie this Legeance requires a due observancie of all the Morall lawes contained in both Tables of the Decalogue To obey our king in the true and sincere worship of God according to the canonicall discipline of the Church ratified by his regall authoritie To obey him in abandoning all apostasie from Christianitie heresies schisms factions fond and fantastike opinions repugnant to the Orthodox doctrin of the Church To obey him in acknowledging a supremacie in him and a subordinate superiority in his Ministers and Magistrates over his people To obey him in all the rights of distributive and commutative justice in doing good as works of mercy charitie and pietie and eschewing evill that is all sorts of felonies fraud force deceit and all offences whatsoever which derogate from or deprave the peace and government of the Realm The performance of these duties makes a true and faithfull subject The latitude and extent of this veritie and fidelitie from the subject to the Soveraign is twofold The extent this oath first of life and member secondly of terrene honour wherein the prerogative of the king is considerable generally according to the speciall law of nature called by some jus Gentium and stiled by our common law lex rationis the law of reason and more specially according to the municipall lawes and customes of this kingdome The King is pater patria and every subject is bound by the law of nature to hazzard and adventure both life and member for the safetie of the King and Countrey either against privie and traiterous conspiracies civill mutinies and dissentions or hostile Invasions or injust warres or in the execution of legall acts of justice The Poet could say Dulci est pro patria mori a sweet thing it is to die for our Countrey and as sweet a thing it is to die pro patre patria for the father of our Countrey for indeed both come to one There may bee many causes of warre which when they are discussed and resolved by the King and State the justnesse of them is not to be disputed by
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
you tribute also For they are Gods Ministers attending continually upon this verything Verse seven Reddite ergo Render therefore to all their dues tribute to whome tribute is due custome to whome custome feare to whome feare honour to whome honour By this text mee thinkes the verie words terrene honour is sufficiently explained in the generall word debita dues specified in the particular words tribute custome c. One thing more is worthy consideration upon that of Romans 13. the generalitie of the Apostolicall edict Omnis anima subdita sit c. No person either of Clergie or Laietie is here excepted Though Bellarmine and other Romish Champions would have bona clerici tam Ecclesiastica quam sacuularia the goods of an Ecclesiasticall man as well spirituall astemporall to be free from tribute unto secular princes yet by their favour both by the law of God and the law of nations and then by our common law no man doubts it all Ecclesiasticall persons as they make a part of the common wealth are subject to their prince aswell in their secular goods whether they be patrimonialia seu mobilia without any manner of exemption nay such goods as we call Ecclesiasticall being within the dominion of the prince who hath a generall charg of conserving all subjects goods ought to be charged with necessary dues and duties to the king For if they be as they are upon judgements liable for the payment of debts to particular persons then a fortiori to the king for tributes taxes and subsidies And great reason for they have the same protection with some more priviledge and therefore ought to acknowledge the same subjection due to him To adde something more to terrene honour and the explanation thereof it must signisie so much as the first word of the fift Commandement implies Honor a patrem c. It is received amongst all Divines that under the names of patris matris are meant not only our naturall but our civill parents as Kings and Princes and others constituted in authoritie under them and by the word Honour is not intended a bare outward respect but reverence attended with feare honor bene faciendi timor male agendi This word honour doth first include all those duties which wee own not onely to our naturall parents but to our prince who is Pater civilis and the duties are respectively these viz. love observance worship obedience aide and supply in relieving their necessities and all this must be done corde ore opere in thought word and deed The second dutie to pay their dues unto their princes willingly and freely without discontentment tribute to whom tribute c. and what ever payment else is necessarie for the maintenance of their estate partly that they may be able to represse enemies and rebels and partly that having sufficient maintenance from the people they may not be distracted but bend their whole indeavour to the good governement and protection of their Subjects S. Ambrose commenting upon that 13. to the Romanes citing the words of our Saviour Christ in S. Matthew ca. 22. Reddite que sunt Caesarts Caesari Give unto Caesar that which is Caesars doth interre Huic ergo viz. Principi subjtetends sunt sicut Deo cujus subjectionis probatio hac est cum illi pendunt tributa vel faith he a little before quae dicuntur siscalia Therefore the people must be subuject unto their prince as unto God The proofe or badge or cognizance of our subjection is that we pay tribute or such things or duties as are for the supply of the kings treasurie customes tributes subsidies and all other dues and duties are therefore rendered unto the prince as a token and argument of subjection whereby his subjects testifie that they are truly thankfull for the protection which they receive from the powers which are from God A moderne writer upon the Pandects of the Law of Nations Fulbeck cap. 10. maintaines and well he may that in the law of tributes subsidies and prerogatives Royall all nations have consented And as saith he it behoveth every Monarch to have a watchfull care of his subjects good and bend the force of his minde to the preservation and maintenance of their safetie and good estate So subjects should not grudg to pay unto them tributes and subsidies and other publike impositions that all necessarie charges may bee substantially defrayed all convenient designes produced into act and condignely executed By an Act of parliament 1 Elizab. cap. 3. touching the recognizing of Queene Elizabeth to the Crowne Stat 1 Eliz. It is there declared by all her subjects representing the three estates of this Realm that they as thereunto constrained by the law of God and man did recognize her Majesties right title and succession to the Crowne and did hereby promise that they would assist and defend her Majestie and her rights and titles in and to her imperiall estate crowne and dignitie in all things thereto belonging and at all times to the uttermost of their powers and therein to spend their bodies lands and goods against all persons whatsoever that in any thing should attempt the contrary By the like Act Anno primo Iacobi purporting a recognition Stat. 1. Iac. that the Crowne of England was lawfully descended to king Iames his progenie and posteritie his Highnesse subjects did therby acknowledge his Majesties lawfull descent to the imperiall Crowne of all his Realme â—and his goodnesse and ablenesse to protect and governe them in all peace and plentie and thereunto did humbly and faithfully submit and oblige themselves their heires and posterities for ever untill the last drop of their blood were spent In Magna Charta ca. 14. no man is to be amercied but according to the quantitie and qualitie of the offence A freeman saving to him his contenement that is his free hold-lands A merchant likewise saving to him his merchandise and a villaine or bondman saving to him his waynage or gainure as it is 3. Ed. 1. cap. 6. that is his land which hee held in villenage and the reason of this salvo was as is justly conceived that these things might be respectively enjoyed by the owners of them and thereby they might have where withall to sustaine themselves and their families and to pay their duties to their princes It is most infallibly true and no man can justly impugne it That the King hath power aswell of terrene honour that is a mans estate as of his life 1 By the law of God as a signe or Character of our subjection 2 By the law of nature as a testimonie of regardfull thankfullnesse for his vigilant and assiduous care paines and protection 3 By our owne provinciall lawes as the sinewes of the states preservation Thesaurus regis securitas plebis The Kings treasurie is the peoples securitie Money is the strength of a State But de mode reddendi the manner of rendring to our prince his dues 2 Branch
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
Law no need of Oathes for the administation of Law For in the first age in a long time after the deluge there was no oath heard of In the second age of the world As there was confusion of languages So there was of all other things All things were in common Noe distinctions of Dominions Possessions Inheritances by partitions Virgil. Geo. 1 Lotts and boundaries Nesignare quidem aut partiri limite Campum Fas erat Hence Confusion bred Contention and might controlled right Nimrod then began to be a mighty one in the earth Hee was a mighty hunter before the Lord and was the first Monarch who usurped power without lawes From this confused generation God calleth Abraham and gives him this charge Get. cap. 12. v. 1.24 Get thee out of thy Countrey and from thy kindred and from thy fathers house unto a land that I will shew thee And I will blesse thee and make thy name great And thou shalt be a blessing c So Abraham departed as the Lord had spoken unto him And Lot went with him They had not long dwelt together buetheir substance increased and the land was not able to beare them As riches increased so the right of property or meum et tuum began to be narrowly pryed into and hath since begotten all civill differencies and consequently all civill lawes for discussing and deciding of differencies betweene man and man There was civill dissention betweene the heards-men of Abraham and Lot and certainely it was about their substance To redresse this growing mischeife Abraham bethinkes himselfe of a partition And to prevent a division of minde descends to a division of meanes And though Vnkle unto and elder than Lot begins to stoope first in this wise Let there he no strife I pray thee betweene thee and mee and betweene thy heards-men and my heardsmen for we are brethren is not the whole land before thee Separate thy selfe I pray thee from mee c. And Abraham gave Lot the benefit of election of the land to take either the right hand or the left hand which was an example of division of possessions and distinguishing right of property for future ages As God had promised to Abraham that His seed should be in nuÌ„ber as the starres of Heaven so did his generations increase and multiply With multiplications of families Sinnes and Iniquities were also in aboundance multiplyed All sorts of people both good and bad grew up together Force and Fraud inlarged their dominions Esau was a cunning hunter a man of the field And Iacob was a plaine man dwelling in Tents Iacob had Ioseph a good sonne And so he had his Simeon Levi who troubled him Gen. 34. instruments of cruelty in their habitations Gen. ca. 49. Ioseph had one Reuben to his brother But all the rest envied hated him and conspired against him At length Iacob and Ioseph in fullnesse of yeares die From the tribe of Levi Moses is raised and preserved in an Arke of Bulrushes from the tiranny of Pharaoh to be a Law-giver a Prophet and a cheife Ruler amongst the children of Israel Prudentissimus Legislator Iustissimus Princeps ac Propheta maximus In the meane time the Isralites doe grieviously suffer under the tirannicall oppressions and impositions of Pharaoh and Moses is sent with the assistance of Aaron to deliver them After whose miraculous deliverance by the overthrow of Pharaoh and his host in the red sea Moses and the Israelites having sung praises unto God erected an Altar in memorial of their bl ssed deliverance Moses disposeth himselfe to a setled government of the people And hee sate to judge And the people stood by Moses from the morning to the evening The first Institution and Subordination by Moses IN this course of Iudicature Moses was much â—â—combred and over-charged with variety and multitude of causes which Iethro his father in law observing doth gently admonish him in this wise The thing that thou dost doe is not good Thou wilt surely weare away both thou and this people that is with thee thou art not able to performe it of thy selfe alone And then doth Counsell him for the ease of himselfe and the people to elect subordinate officers Thou shalt provide out of all the people able men Such as feare God Exod. 18.2 men of truth hating covetous nesse And place such over them to be rulers over thousands of hundreds of fifties of tens And let them judge the people at all seasons c. In pursuit of this grave advice Moses accordingly did choose able men out of all Israel and made theÌ„ heads over the people rulers over thousands rulers over hundreds rulers over fifties rulers oftens they judged the people at all seasons the hard causes they brought unto Moses but every smal matter they judged themselves Thus Moses upon consultation with God having performed and put this holy Counsell in practice His incomprehensible Deity vouchsafed the honouring of Moses with his own presence upon Mount Sinai And therewith His immediate voice proclaimed the mora Law Containing all the grounds of Equity and Iustice and gave them unto him ingraven in two tables of stone The first promulgation of Lawes and the beginning of Legall Oathes for administration of Iustice AS Moses received them from God so in discharge of his sacred function he faithfully injoyned them unto the people And as falshood and fraud increased Soe for avoiding and discovery thereof and for true execution of Iustice Heb. 6.16 As also to put an end to strife and controversie The ministration of legall Oathes began to grow in use And not long after the receiving of the Decalogue by that great Prince and Prophet It was one of his first Lawes given in charge unto the people If a man deliver unto his neighbour an Asseâ—or an Oxe or a Sheepe or any beast to keepe And it die or be hurt or be driven away no man seing it Then shall an Oath of the Lord be betweene them both that hee hath not put his hand to his neighbours goods and the owner of it shall accept thereof c. By this it is evident that Moses from Gods mouth and by inspiration of his holy Spirit was the first personall Legislator in the world and the first distributer of Iustice by subordination of Rulers and Magistrates and the onely patterne for all succeeding Princes which moved Eusebius to say A Deo igitur Lex originem habet Et eam mortalium omnium primus Moses Hebraeis constituit Quae caeteris deinceps hominibus condendarum Legum haùd dubiò exemplar fuit The first imitation of Moses in this Kingdome by King Alfred THat Moses was a Patterne and Exemplar of making lawes and managing of them by inferior Ministers in this our ancient and famous Island of Great Britaine renowned in the constant succession and preservation of her lawes notwithstanding the permutation and change of goverment by the Conquest and rule of severall
whether the robberie bee committed in the day time or in the night Co. lib. r fo 6. Ashpoles Case the Hundred shall not be liable but where the robberie or felonie is committed in the day time yet if diverse doe commit a robberie those of the Hundred ought to apprehend all the felons for though they apprehend some of them yet that will not suffice to excuse them unlesse they apprehend all of them by that Statute of 13. Edw. 1. But now it is qualified in that point by the Statute of 27. Eliz. cap. 13. By which if any of the Inhabitants of any towne village or hamlet next to the place where the robberie was done do in their pursuite apprehend any of the offenders that shall excuse them though all bee not taken The Statutes concerning the approvement of wastes woods c. and other Lawes derived from the Law of Alfred cited by M. Cambden FRom that Law of King Alfred the Statute of 13. Edw. 1. cap. 46. concerning approvements of Wastes Woods and Pastures may seeme to borrow its light whereby it is provided that if any having right to approve do levie a Dike or an Hedge and some by night or at any other season when they suppose not to be espied doe overthrow the Hedge or Dike and men of the townes neere will not indict such as be guiltie of the fact The townes neere adjoyning shall bee distrained to levie the Dike or Hedge at their owne costs and to yeeld dammages At the Common Law if one be slaine in any towne in the day time so long as it is plaine day light and the man-killer doth escape the town where the Felonie was committed shall bee amerced for it Dum quis felonicè occisus fuit per diem nisi felo captus fuit tota villata illa oneretur This I thought pertinent to my present discourse to parallell that ancient Law of Omnes ex centuria decima Regis mulctam incurrerent with our latter Lawes whereby towneships are onerable upon the escape or not apprehending of offenders in certaine cases Besides that good and profitable Law amongst many others that gracious Prince did further decree that the Decurio or Tything man might judge of small matters and the Centurio or Constable of greater matters and at the fiequent meetings in every Satrapie or Shire now called Countie Courts the Senator or Greve was to heare and determine matters of greatest difficultie and moment King Edward sen succeeded who made a law De diebus cogendi populi Edw. sen An. 900 Lamb. fo 51. that every Greve Praepositus quisque should every moneth call the people together doe every man right and decide all controversies which confirmed the use of the Countie Court King Edgar made a law De Comitiis Centuriae Comitiis quilibet interesto That is to say Edgar Anno 599. let every man be present at the Leets or meetings of Hundreds but out of every shire let there be a more famous meeting twice a yeare Celeberrimus autem bis quotannis Conventus agitor and this is now the Sheriffes turne This King did farther decree Lamb. fo 80. that each person should finde pledges who might bring him forth to render every man his owne Quisque fidejussores qui eum jus suum cuique tribuere quam paratissimum praestent adhibeto The manner of proceeding by Juries in those subordinate Courts of Counties Hundreds c. NOw the manner of proceeding at that time in those meetings called Centuriae Comitiis Satrapiae Comitiis now called Court Leets and Sheriffes turnes doth appeare by a Law practised in those dayes and after revived by King Etheldred who lived Anno 979. which thus insueth In singulis Centuriis Comitia Sunto at que liberae conditionis viri duodeni aetate superiores Lamb. Expâ—â— verbo unâ cum Praeposito sacra tenentes juranto se non innocentem damnaturos sontémve absoluturos Let there be meetings in every Hundred and let twelve freemen of the better sort together with the chiefe pledge sweare upon the holy Evangelist not to condemn the innocent nor to acquit the nocent that is to doe every man right I will passe over many good lawes before the Conquest let us cast our eyes a little neerer and see how the Counsell of Iethro to Moses hath beene since pursued Bracton a learned and famous Common Lawyer who wrote in the time of Hen. 3. from the Conquest writes of the practice and duties of Kings Rex non alius debet judicare c. Bract. l. 2. cap. 2. The King and none else ought to judge if he alone be able to doe it sithence he is bound thereto by vertue of his oath and there fore the King ought to exercise the power of law as Gods Vicegerent and minister on earth Sin autem Dominus Rex ad singulas causas determinandas non sufficiat c. But if the King be not able to determine all causes that his labour may be the easier in plures personas partito onere eligere debet de regno suo viros sapientes timentes Deum in quibus sit veritas eloquiorum qui oderunt avaritiam quae inducit cupiditatem Et ex illis constituere justiciarios vicecomites alios ministros ballivos suos ad quos referantur tam quaestiones super dubâ—is quam querimoniae super injuriis c. He ought to choose out of his Kingdome wise men fearing God and hating coverousnesse and out of them to appoint Justices Sheriffes and other Ministers to decide questions of doubt and to redresse injuries c. All subordinate Justice derived from the King and Crowne IN a cause of Replevin upon a distresse for an Amerciament in a Leet 12 Hen â— 18 Fineux then chiefe Justice in his grave and learned argument affirmes That at the first the administration of justice was in one hand and in the Crowne and then afterwards by reason of the multitude of people the administration of justice was divided into Counties and the power was committed to a depatie in every Countie that is to say a Sheriffe who was Bayliffe and Deputie to the King and was assigned for conservation of the peace and to punish offenders and to defend the Realme upon invasion of enemies to bee attendant upon the King in times of warre and to cause all his people within his Countie to goe with him for defence of his land and for the better governement of the Countie and correction of offenders There were two Courts assigned to him viz. the Countie Court held every moneth and the Sheriffes turne held twice every yeare by which two Courts the whole Countie was governed the Countie Court was for one man to have remedie against another for any thing betweene them under 40. shillings And the Sheriffes turne unto which every man within the Countie of a certain age should come and were compelled to come that
when men ought to intend devotion and other workes of charitie for remedie of their soules and sometimes after the gule of Harvest when every man almost was busied about the cutting and carrying of his Corre Plowd fo 316. b. The Calends of Aug. or the feast of S. Peter ad vincula 31. Edward 3. ca. 15. whereby the people were much grieved and disquieted King Edward the third upon the grievious complaint of his Commons desiring the quietnesse of his people did ordain and stablish that every Sheriffe from thenceforth should make his Tourne yearely one time within the moneth after Easter and another time within the moneth after Saint Michael and if they held them in other manner that then they should lose their Tourne for the time As it was restrained in time 2 Place So it was to place and persons it must bee kept within the precinct and libertie in loco debito et consueto If it be holden otherwise it is coram nonjudice And the matter of cognizance must bee within the view For 41. Edward 3. fo 31. Kyrton cites a Case wherein the Lord avowed the taking of an amerciament for the stopping of an High-way which in rei veritate was out of the Iurisdiction of the view and therefore the Plaintiffe recovered dammages If the Sheriffe shall keepe his Tourne in loco in consueto he may be indicted and punished for it 3 Persons Dyer 151. As for the persons Although in the time of King Arthur Omnes Proceres Comites Barones c. were to sweare and doe their suit reall in pleno Folkmote yet by the Statute of Marlebridge Marl ca. 11. it is thus provided by way of restraint De turnie vicec provisum est quod necesse non habeant ibi venire Archiep scopi Episcopi Abbates Priores Comites Barones nec aliqui viri religiosi seu mulieres nisi corum praesentia ob aliam causam specialiter exigatur c. So by this Statute All clergie and religious men All Earles Barons and all women are excepted and exempted and by the law al other people under the age of 12. years their presence being not necessary there in regard they are never sworne upon any inquests But all freeholders terrtennants and other persons inhabiting within the precincts of the Leet ought to appeare and do their suit and tennants in ancient demesne are not bound to come to the Sheriffs Tourne and consequently not to any Leet If any of the said persons mentioned to be exempted Fitzâ— na Bre. f. 158.161 or if any in wardship to the King should be distreyned to do their fuite the law hath provided severall forms of writs De exoneratione sectae for discharge of every of them Whatsoever the law prescribes or restreines in the Sheriffes Tourne Broo. Leet 26 22 Edw. 4 22. the same is binding in a Court Leet and it was agreed for law that the power of a Sheriffein the Towne and a Steward in the Leet were all one onely the Leet have power to enquire and take presentments of nusances and offences aswell in the Courts after the feast of Easter as after the feast of S. Michael Fitzâ— Leet 11 whereas the Sheriffe in his Tourne after Easter ought not to enquire of any action popular c. but only to take suite of the resiants and other suitors and to take the view quod trithinga teneantur scilicet That all above the age of 12. years come and appeare there to doe their suite and to take the oath of Legiance if they were not sworn before For after a person is once juratus in decennaria or ad fidem legeanciam Domini Regis hee is not compellable to be sworne againe As a Leet is derived by grant from the crown Forseiture of a Leet so by divers causes that may be seized into the Kings hands and returne to the Crowne againe and if for any just cause it bee forfeited and seised then must the resiants and suitors againe attend and doe their suite at the Sheriffes Tourne and what is omitted in the Tourne might be presented in the Kings bench for in the case of Iohn Charneles Edward the third Belknappe sets forth the law to be that if a thing were not presented within the Lords view then it should bee presented in the Sheriffes Tourne and for default there it should bee presented in the Kings Bench when the King came into the countrie by which it plainely appeares as before is expressed that the Iustice of the Kingdome was at first wholly in the hands of the King and immediately derived from his person to Subalterne Officers To answer one Objection for the time that all Leets are not kept strictly infra mensem after Easter and Michaelmas VVHere there are ancient Customary Courts of Tenants in ancient demesne or such like that were ever exempted from the Sheriffes Tourne and the Lords of such lands had their owne Tournes that of Easter being called Turnus de Hockday and that of Michaelmas Turnus Sancti Martini as in the Bishoprick of Winton and other places those Courts are left to their Arbitrary keeping either before or after the moneth or at other set times according to their ancient respective Customes and not restrained by any Statute Britton the tenour of whose learned worke runneth in the Kings name Edward 1. as if it had beene penned by himselfe answerable to Iustinians Institutes doth there in the first salutation of the Kings subjects with Edwardus Dei gratia c. set forth That because his peace could not well have its being without Law he caused the Lawes then used in this Realme to be put in writing and did thereby command a strict observation thereof in all things Saving a power to repeale alter and amend all such things as should seeme meet unto him with the advice of his Earls Barons and others of his Councel and saving all customes unto those as by prescription used the same time out of minde so as those usages were not discordant unto right At that time being 5. Edward 1. those ancient customarie Tournes within many particular Lordships were in use not subject to the Sheriffes Tournes and so not within the meaning of the Statute of 31. Edward 3. cap. 15. which being made long after extendeth not to any Leets but such as were and are derived out of the Sheriffes Tourne and so it was admitted by the Iudges that the Leet of another Lord was not within the Statute but the Leet of the Tourne Brooke Leet 21.6 Hen. 7.2 And so by necessarie consequence All Leetes derived out of the Sheriffes Tourne and no other In what Cases and by what meanes a Leete or Franchise may be seised or forfeited or the Lord damnified IN all grants of any Liberties or Franchises there are commonly two conditions one in facto which is alwaies explicite as to pay mony or to do or not to do any other act c. 2.
question not only by force but also by subtiltie 3 By false invention and dispersing of calumniations rumors and reportes whereby discord and disquiet doe arise amongst his neighbours This person is the common incendiarie of strife in his neighbourhood and is ever fishing in troubled waters Hee is alwayes like a Woolfe worrying his harmelesse neighbours with multiplicity of unjust and fained suits either by information upon penall Statutes or by personall actions for himselfe and others or by malicious procuring of Latitats or Supplicavits of the peace and all by fraud and malice to inforce the poore partie to give him money or some other composition ad redimendam vexationem Evisdropper THe Evisdropper who is a species of a Barretor doth succeed in his order one that lurks under walls or windowes by night or day to heare and carry tales and raise strife twixt neighbours a most perillous member in a peacable common wealth the holy Ghost in the new Testament calls such an one Diabolus a false accuser calumniator or make-bate 2 Tim. 3.3 Salomon Prov. ca. 26. v. 20. cryes our against them in this wise Where no wood is there the fire goeth out where there is no talebearer there strife ceaseth vers 21. The words of a talebearer are as wounds and they goe downe into the inner most parts of the bellie Levit. 19. ver 16. Thou shalt not goe up and downe as a talebearer among the people The litterall interpretation of a Talebearer or accuser is one that maketh marchandise as it were of words uttering them as wares going from place to place to heare and spread abroad criminations of other men Such creatures are compared to a kinde of fowle and infectious vermin called Weasels who conceive by the eares and bring forth their little ones by the throat a thing abominable in men to receive by the hearing any false and feyned deprivations and to utter and exaggerate the same by their tongue and report and certainly a patulous and forward eare doth incourage and intise a busie tongue and both the detractor and the hearer Diabolum habent alter in aure alter in lingua Lewd houses THose who keepe and maintaine in their houses lewdnesse and lewd strumpets whose persons are justly branded for Bawdes and Panders and their habitation for Stewes and Brothell houses which minister frequent occasion of murthers and bloodsheds and often infringment of the peace to the utter ruine and destruction of famines a most odious and audacious sinne which poysoneth and corrupteth the publike weale this lewd and too accustomed vice is punished in the spirituall Court pro salute animae but here inquirable pro salute reipublicae 27. Hen 8. fo 17. Rogues c. ALL Rogues Vagabonds and sturdie persons that wander up and downe are here inquirable by the common law 39 Eilz ca 4. For suppressing such kinde of people diverse lawes were made which were all repealed by the Statute of 39. Eliz ca. 4. and thereby a description made who should bee accompted Rogues Vagabonds and sturdie beggars That is to say 1 All persons calling themselves Schollars going about begging 2 All Seafaring men pretending losse of ships or goods 3 All idle persons going about begging or useing any subtile craft or unlawfull games 4 Or faining knowledge in Phy siognomie Palmestry or other like craftie science 5 All tellers of destinies fortunes or other-like fantasticall imaginations 6 All Proctors Procuâ—ers Pattent-gatherers or collectors for Gaoles Prisons or Hospitals 7 All Fencers Bearewards common Players of interludes and minstrells wandring abroad other than such as belong to honourable personages lycensed under their hands and seales of armes By the Statute of 1 Iac. 7. which did continue and inlarge the said Statute of 39 Eliz. all licences of honourable personages are taken away And all glassemen wandring up and downe the countrey are numbred in the ranck of rogues By this Statute every man is bound to apprehend such a rogue as he or they shall see or know to resort to their houses to aske or receive any almes and to carrie or cause him to bee carried to the next Constable or Tethingman upon pain for every time 10 shillings to be levied and imployed according to the provision of 39. Eliz. in manner following viz. For the reparations and maintenance of the houses of correction and stocke and store thereof Or reliefe of the poore where the offence is committed at the discretion of the Justices of peace of the limit citie or towne corporate and to be levied by warrant under the hands and seales of two or more of the said Iustices by distresse and sale of the offenders goods and chattels And in default of any such levie then to be levied and imployed by the Lord of the Leet or his Officer in such manner as is prescribed by the Statute of 39. Eliz. By the same Statute of 1 Iac. If such Constables or Tethingmen do not cause the said rogues vagabonds and sturdie beggars to be punished according to the Statute of 39. Eliz. That then they shall forfeit 20 shillings for every default to be levied and imployed in manner as in the Statute 39. Eliz. is set forth This Statute of 1 Iacob is continued by 21. Iacob and 3. Car. and doth not any way abridge the former power of the Court Leet in inquiring presenting and amercing but rather gives an amplification to it and a speciall direction who are to be accounted rogues which before those Statutes were not so exactly known and deciphered This Law in point of preventing justice is the most usefull of all other ordinarie Lawes for experience will teach every one that the opportunities of their lawlesse and wandering liberties were not such provisions of restraint made would minister occasions of robberies burglaries assasinations murders and other grievous offences Message of Theeves IF any be imployed and doe goe in the message of theeves and are as bad and worse than rogues are here inquirable Masterlesse persons ANd so are those who like Antipodes walk in the night and sleepe in the day men that live without meanes or master fare well and have nothing who are not able to render an account of their life Haunters of Alehouses Amongst vagabonds or hazarders and night walkers M. Fitzh and M. Kitchin have joyned common haunters of Tavernes or Ale-houses and since they wrote diverse good laws have beene made aswell against such haunters as against drunkards and their harbourers and receivers The first Statute being 1. Iaco. 9. intituled an Act to restraine the inordinate haunting and tipling in Innes Alehouses and other victualing houses doth set forth the ancient true and principal use of such houses to be for receipt and releif of way faring persons and for supply of the wants of poore people and not meant for the harbouring of lewd and idle persons to spend and consume their money and time in drunken manner By which Statute it was restrained that no Alehouse-keeper c.
grinde presentable Conspiracies in Butchers IF any Butchers Brewers Bakers Poulters 2 3 Ed. 6. c. â—â— Cookes Costermongers or Fruiterers not contented with moderate and reasonable gaine shall conspire covenant promise or make any oathes to sell their victuals but at certain prices Or if any artificers workmen or labourers do conspire covenant c. not to make or doe their workes but at a certaine price and rate or shall not enterprise or take upon them to finish what another hath begun or shall doe but certaine worke in a day or shall not worke but at certaine houres and times Every person so offending being lawfully convicted thereof by witnesse confession or otherwise shall forfeit as followeth 1 Offence ten pound to the King if he have to pay within six dayes after his conviction or twenty dayes imprisonment with bread and water for his sustenance 2 Twenty pound to the King if he have to pay within six dayes or else the punishment of the Pillorie 3 Forty pound c. payable within six dayes or else to sit in the Pillorie lose one of his eares and at all times after to bee taken for a man infamous and his oath not to be credited in any matters of judgement And if such conspiracie c. be had and made by any societie brotherhood or company of the victuallers above mentioned with the presence or consent of the more part of them that then immediately upon such act of Conspiracie covenant or promise over and besides the particular punishment before appointed for the offender their corporation shall be dissolved to all intents constructions and purposes False weights and measures IF any keepe and use any false measures of bushels gallons ells yards or false weights ballances and pounds Double weights c. OR if any use double weights and measures the greater to buy with and the lesser to sell with to deceive the people in Mag. Car. â— 26. one speciall branch for the uniformitie of weight and measure is in these words S. Vna sit mensura vini per totum Regnum nostrum una mensura cervisiae una mensura bladi et de ponderibus sicut de mensuris Also by the foresaid Stature of 51 Hen. 1. It was to be inquired if any sold by one measure and bought by another or if any did use false ells weights or measures which was confirmed and inlarged by 27. Ed. 3.10 It is Gods law injoyned by Moses unto the people You shall doe no unrighteousnesse in judgement in mete yard in weight or measure just ballances just weights a just ephah and a just hinne shall yee have Levit. 19. vers 35.36 Wines THe Statute of 7 Ed. 6. 7 Ed. 6 c. 5. ca. 5. intituled an Act made to avoid the great and excessive prices of wines for so much as doth concerne the prices of wines or the restraining of having wines in mens houses is repealed 1 Iac. 25. But no person shall keepe any Taverne or sell or utter by retaile by the gallon or lesse or greater measure in any place any Gascony Guyon or French nor any Rochel wines nor any other wine or wines in any place except it be in cities townes corporate Boroughs Port townes or Market townes or in the townes of Gravesend Sittingborne Tuxford and Bagshot upon paine to forfeit for every day so offending ten pound No person shall sell wines by retaile in any Citie borough c. unlesse he be assigned by the head officers and the most part of the common Counsell Aldermen c. for the time being of such City c. by writing under the common seale Nor in any Citie or towne c. not corporate or in the townes of Gravesend Sittingborn or Bagshot unlesse he be appointed by all or most part of the Iustices of peace of that Shire at the generall Sessions of the peace by writing under their severall seales under paine for every day five pound And if any having authoritie c. shall nominate and appoint more or greater number of Taverners or Wine-sellers than by the Statute is limited to be assigned in severall places shall forfeit for every such nomination or appointment five pound And none shall sell or retaile any kinde of wines to be drank or spent in his mansion house or other place in his tenure or occupation by any colour craft engine or meane upon paine to forfeit for every such offence ten pound The Steward in every Leet and the Sheriffe in his Tourne inter alia have power to enquire by the oathes of twelve lawfull men of all offences done contrary to this Act and every inquirie and presentment so taken shall be of such force as if it were had or taken in the Kings bench and the foresaid penalties upon any such presentment and no bill plaint action or information thereof commenced in any the Courts of Record shall bee divided equally in two parts whereof one to bee to the King and the other to the poore of the towne or place c. To bee sued presented c. within one yeare Deceits in Tradesmen IF any Tradesman or Artificer whatsoever doth use any fraud shift slight or deceit in the making of his and their ware and chaffer and doe not make the same as they ought wherby the people are deceived Learned Lynwood titul de haereticis ca. finaliter sets forth seven sorts of Mechanick arts or trades and in the first sort he rankes all those qui circa pilos et lanam pelles et carnes operantur those that meddle with haire or wooll hide or flesh amongst whom are butchers Tanners Curriers Shoomakers or Cordwayners and others cutting of Leather all comprized in the Statute of 1 Iac. ca. 22. the butchers I have singled out already in their due place Clothmakers and Labourers thereof IN the occupations of Clothmaking the laborers thereof were driven to take a great part of their wages in pinnes girdles and other unprofitable wares and had delivered unto them woolls to be wrought by very excessive weight whereby both men and women were discouraged of such labour It was therefore ordained That all clothmakers should pay to the carders spinsters and all other labourers in any part of that trade lawfull mony for all their lawfull wages And should also deliver woolls to be wrought according to the faithfull deliverie Repealed 5 Eliz â— and due weight thereof upon paine to forfeit to every labourer The treble value of the wages so not paid And for every default in deliverie of excessive and unlawfull weight six pence That every carder spinster weaver fuller shereman and dyer shall duely performe his dutie in his occupation upon paine of yeelding to to the partie greeved double dammages That every fuller in his craft of fulling tasselling or rowing of cloth shall exercise and use tazels and no cards deceitfully impairing the same cloth upon pain to yeeld to the partie grieved double dammages Every Steward of Wapentakes and Leets out of any
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