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
in the multitude of counsellors there is safetic Prov. 11.14 Every purpose is established by counsell and with good advice make warre Prov. 30.18 Moses had Iethro and Aaron Ioshua the sonne of Nun his successor Caleb and Eleazar the high priest for his privie counsellors David had his succession of counsellors Samuell the prophet Ionathan whose love to him was wonderfull Abiathar the priest and Nathan also a prophet with many others To return to our owne nation king Ine had his Cinredus whom hee calls his father Hedda and Erkenwald his bishops with many others Alfred had his Plegmund Archbishop of Canterbury Werefridus Bishop of Worcester and others Athelstane edicted his lawes Ex prudenti Vlfhelmae Archiepiscopi aliorumque Episcoporum consilio by the counsell of his Archb. and other Bishops and so successively the kings of England ever had as before their privie counsell such and so many as the prince shall think good who doe consult daily or when neede is of the weighty matters of the Realme to give therein to their prince the best advice they can The prince doth participate to them all or so many of them as he shall thinke fit such legations and messages as come from forraigne princes such letters or occurrents as be sent to himselfe or his secretaries every Counsellor hath a particular oath of faith and secrecy administred to him before hee bee admitted a privie counsellor To shew the extraordinary regard and royall use of the kings counsell The regard â— the Privie counsell Let us looke backe upon the case of 5. Hen. 4. upon an agreement for an exchange had for the Castle of Barwick between the king and the Earl of Northumberland wherein the king promised to deliver the Earle lands and tenements to the value of that Castle by these words per avise assent des estates de son Realme son Parliament c. By the advice and assent of the estates of his Realm So as the Parliament be before the feast of S. Luke or otherwise by the assent of his great Counsell and other estates of his Realme whom the king shall assemble before the said Feast in case there be no parliament before c. as by the instrument thereof dated at Lichfield 27. Aug. 5. Hen. 4. remaining in the Tower may appeare To this counsell the Oracles of the Common law the grave and reverend Judges Leges loquentes Reipublicae God grant in all Successions they may be so have had their resort from time to time in all ages for advice and directions in their proceedings aswell in criminall causes as in matters of right and propertie as it was observed by the learned Lord Chancellor I will touch but two which are cited by that honourable Judge in cases of propertie Thomas Vghtred Knight brought a Forme-don against a poore man and his wife They came and yeelded to the demandant which seemed suspicious to the Court the matter being examined judgement was stayed because it was suspicious And Thorp said that in like case of Giles Blacket it was spoken of in Parliament And faith he wee were commanded that when any like case should come we should not goe to judgement without good advice wherefore sue to the councell and as they will have â—s to doe we will and otherwise not in this case 2. Greene and Thorpe were sent by the Judges to the Kings Councell where there were twentie foure Bishops and Earls to demand their advice touching the amendment of a writ upon the Statute of 14. Ed. 3. cap. 6. which was an Act made for amending of Records defective by misprision of Clerks By the advice and assent of this Councell is that great and common Councel solemnly called The forme of the writ of Summons to the Sheriffe followeth in these words Rex viz. S. c. Quia sie avisamento assensu Concilii nostri pro quibusdam arduis urgentibus negotiis nos Statum defensionem Regni nostri Angliae Ecclesiae Anglicanae concernentibus quoddam Parliamentum nostrum apud Civitatem nostram W. c. teneri ordinavimus Et ibidem cum praelatis Magnatibus et Proceribus dicti Regni nostri colloquium habere et tractare Tibi c. wherein these things are worthy observation 1 That this great Court is assembled by the power of the King expressed in his writ under his great Seale with Teste meipso 2 This power is extended with the advice and assent of his Right Honourable privie councell His grace favour and providence by calling a Parliament to parlee and treat with his Lords spirituall and temporall as also with his commons who by their Knights Citizens and Burgesses as their respective proxies elected by and with the popular suffrage of the Freemen of every Countie Citie Towne or Borough do make up the body of that great court and doe there meet to yeeld and consent unto such matters as shall be there treated and established 4 The subject of a treatie or parliament That is certaine difficult and urgent occasions concerning his Majestie his royall state and the defence of his kingdome and Church This high court consisteth of two honses The higher or upper where the King and his Barony or Nobilitie spirituall and temporal do take their place And the lower house where the Knights Citizens and Burgesses are assembled for the Commons consisting when M. Crompton wrote his jurisdiction of Courts of 439. persons The King had the only power to appoint it his gracious favour is to give life and beginning to it by his owne personall accesse in most Royall state And as sinis coronal opus hee crowneth and perfecteth all the Acts of this great assembly with his Royall assent without which no bill can passe nor law be made Though there bee no written Acts of parliament extant before the raigne of Henry the third yet some have sollicitously laboured to draw the Antiquitie of this thrice excellent court of Parliament from King Arthurs time to king Ine Offa Ethelred Alfred and others before the Conquer our with a successorie continuance untill this Present age and collected and inferred that the words used by K. Inas in the proem of his laws exhortatione c. Omnium Aldermannorum mcor'um seniorum sapientum Regni mei And the like words of Offa and other kings in the time of the heptarchie and that the words of Conventus sapientum used by King Edward the sonne of Alfred the words of Conventus omnium Nobilinm sapientum used by King Athelftane cum consilio sapientum used by king Edgar Haec instituerunt Rex sapientes mentioned of King Ethelred and the like of other Kings should include the Lords and Commons of the parliament whether this most eminent Court were in those ancient dayes assembled and exercized in that manner as now it is dubium est dubitare liceat doubtfullnesse is a fluctuation of the minde which in historicall matters of indifferencie that concerne
King in an unsteady and unsetled course of Government In the ninth yeare of his Raigne Anno 1224 He granted to the Nobility and Commons such Lawes and liberties as had bin used long time before And caused Charters to be made one called Magna Charta the other Charta forestae which he sent into every County The praeamble of Magna Charta doth set forth The two Charters granted 9. Henry 3. That to the honour of Almighty God the advancement of holy Church and the amendment of the Realme The King of his meere and free-will did give and grant to all Arch-Bishops Bishops c. Earles Barons and to all of his Realme the liberties following to bee kept within his Kingdome of England for ever which grant containeth in all 37. Chapters In the twenty ninth the greatest liberty of the Subject was granted Nullus liber h◠me c. viz. No Free-man shall be taken or imprisoned or be disseised of his freehold or liberties or free customes or be out-lawed or exiled or any otherwise destroyed Nor wee will not passe upon him nor condemne him but by the Law of the Land wee will sell to no man we will not deny nor deferre Iustice or right Here every word is a sentence grande in grano a weighty matter as I may terme it in the continent of a graine Herein is contained that eximium quoddam our Nationall liberty before cited And an epitome of so much of lex terra in the generality as concernes the Kingly office of Protection Grant of a Fifteenth In the 37. and last ch The Clergie Earles Barons Knights Free holders and others his Subjects did give unto the King in respect of both those Charters the fifteenth of all their moveables And the King did grant unto them on the other part that neither he nor his heires should procure or do any thing whereby the liberties of that Charter should be infringed or broken This grant of Magna Charta though it carries the forme of a meere Charter ex mero motu spontane a voluntate as it was the use at that time and long time after yet is it a Paliamentary grant and Statute and is called the great Charter though little in it selfe in respect of the weighty matter comprised in it in few words It is the fountaine of all the fundament all lawes of the Realme and the only basis and ground cell which supports the superstructure of all the Lawes and liberties of the Subjects And it is but a confirmation or restitution of those not written Lawes before mentioned Would any man thinke it possible that this Magna Charta could ever bee violated by the same hand that made it The King was young milde and gracious but easie of Nature a sin not in it selfe but by accident He was happy in his Vnkle the Earle of Pembroke the guide of his infancy but unhappy in Hubert de Burgo his Iusticiary and others Those liberties redeemed with the price of a fifteenth the Subjects had not long injoyed and little fruit of future freedome more than for the present like a glimmering sunne-shine in an unconstant calme had this common people by this grant Eft-soones the Clouds returne malum in malum ingruit The young King having newly attained the Age of twentie one yeares by the evill Counsell of his Chiefe Iustice Hubert at a meeting at OXFORD in the twelfth yeare of his Raigne did by open Proclamation frustrate and cancell his former Charters made in the ninth yeare of His Raigne under pretence that hee was under the power or ward of others So it followed that whosoever would injoy the liberties before granted must purchase their Charters under the Kings new Seale at such a price as the Iusticiar should award This was greevously taken by the Lords and COMMONS in so much as the same yeare the BARONS supplicated the King to restore the Charters which hee cancelled at Oxford or else they would recover them by the sword It was most disloyall in them to be assertores libertatum and to enter into competition with the King with Comminations of the sword Bracton who wrote long before left better Counsell behind him in such things as concerne the Act of the King Si ab eo petatur cum breve non currat contraipsum if any thing be requirable from him sithence he is lyable to no action Locus erit supplicationi quod factum suum corrigat emendet He is to be supplicated that he would reforme and amend his doing which if hee doe not Satis ei sufficit ad paenam quod Deum expectet ultorem It is punishment enough to him to expect the Lords revenge Observe what followed in this Kings time whilst he gave over the raines of his rule to young unseasoned giddy braines some of them alyens and strangers the gravest Counsellors being discountenanced the Barons falling into factious ruptures and the repining Commons into discontented rebellions The whole Monarchy languished all things were disordered and out of frame Almighty God looking downe from Heaven upon the vacillation and incertitude of this Vicegerencie under him upon earth exerciseth his owne supremacy addresseth one of his greatest Messengers of indignation famine which raged with that violence Claus An. 42. Henry 3. That the King was inforced to direct writs to all the Sheriffes of Shires ad pauperes mortuos sepeliendos famis inedja deficientes And it is observed fames praecessit sequutus est gladius tam terribilis ut nemo inermis securè possit provincias pervagare The Civill brandishments of the sword followed every where the fury of the Famine In this Nationall distresse silent leges Nay vix legibus tempus aut locus Scarce was there time or place left for clayme of liberties or execution of laws Sure it is the King and Commons had but little ease whilst his absolute power was participated not deligated to his great ones To recount the various troubles and turmoyles of his long and unsetled raigne were the work of a sad and sorry Hystory Afterwards it pleased God who hath ever a particular and tender care of Princesper quem reges regnant Principes dominantur towards the latter end of his Raigne to restore the King to his right and his tyred Subjects to their naturall obedience Hee had the happinesse to call a successefull Parliament at Marleborough 18. of Novem. 52. of his Raigne 1267. and therin amongst many notable Lawes enacted He solemnly confirmed the former Charters in all their Articles and strictly injoyned the observation of them to be inquired before the Iustices of Eire in their Circuits and before the Sheriffes in their Counties when need should be The King seeing his former errors now began to ballance his Government with Praemio paena reward and reprehension and himselfe with an equall hand to hold the scale He laboureth to reforme all that was amisse The seats of judgment and Counsell he supplyed
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