THE BOOKE Called The Mirrour of Justices Made By ANDREVV HORNE With the Book called The Diversity of Courts AND Their Jurisdictions Both translated out of the old French into the English Tongue By W.H. of Grays Inne Esquire Cassiodor Iura publica certissima sunt virae humanae solatia infirmorum anxilia impiorum frana Imprinted at London for Matthew Walbancke at Graies Inne gate 1646. The Translator to the READER Courteous Reader IT hath ever been an Objection grounded upon ignorance which hath been made by the meaner sort of the people to traduce the Common Lawes of England and to bring the Professors thereof into contempt to give out Speeches and cast it in the teeth as it were of them That the said Lawes are built but upon a sandy foundation viz. the conceits of a few men and that they are not grounded upon the Lawes of God from which all Lawes of men ought to flow as from a cleare and pure Fountaine This vulgar conceit and objection hath been principally nourished amongst them because the Common Lawes have been kept from their view and understandings being for the most part published in the French Tongue I must ingeniously confesse That since it is a received Maxime amongst us That ignorance of the Law doth excuse no man that it were good that the fundamentall Lawes were published in our Mother Tongue that so no person might be miscounsant thereof And I have observed that it hath been the course and care of most of the late Publishers of our Lawes to put them forth in such Language as the common people might the better know them and practice the due observation of them But that I may with the more ease and plainnesse answer that frivolous Objection remove that fond conceit of the ignorant vindicate our Commnn Lawes from so foule an aspersion and let the Objectors see from whence our Lawes deduce their Originall though the learned Authour in the ensuing Treatise hath in part done it yet for the cleare manifestation thereof I shall entreat the courteous Reader to be pleased favourably to accept of this short Breviary of the Grounds and originals of the Common Law which I shall apply only as an introduction to the Work which followeth All Lawes are comprehended under a Three-fold division 1. The Law of Nature 2. The Law of God of Faith or of the Gospell 3. The Law of man made upon the Dictates of Reason upon all which Lawes the Common Lawes of England are built as upon firme and sure foundations The First is that which is called the Law of Nature which is ordained of God and may be called Gods Law united unto mans nature Gen. 1. ver 26,27 for what was that Image of God in man consisting of righteousnesse holinesse and truth but Lex primordialis a primordiall Law exactly requiring and absolutely enabling the performance of duties of Piety unto God and of equity to men both in habit and Art St. Ambrose Amiquam scripte fuit lex in hominum mentibut vigebat God in the beginning wrote his Lawes in mens hearts and therefore according unto the opinion of most learned Divines and Legists Lex nature nibil aliud est quam participatio legis eterne in rationali creatura And according to others Lex naturae est lamen ac dictamen illud rationis quo inter bonum malum discernimus The most principall Precepts of the Law of Nature which are also Maximes and Grounds of the Lawes of England are 1. Deum venerari 2. Honestè vivere 3. Patrie magistratibus parentibus obedire 4. Alteri ne facias quod tibi non vis fieri 5. Suum cuique tribuere 6. Tollere nocentes è medio propter servandam publicam salutem 7. Rerum dominia proprietates possessiones usum distinguere To honour God to live honestly to obey Magistrates c. to doe as we would be done unto to render every one his due to punish the guilty for the preservation of the Publique to distinguish and settle the Dominion propriety possession and use of temporall things These fundamentalls of the Law of Natvre are not principally acquired or obtained by Art or Doctrine but naturally ingrafted Learning and instruction serve only to bring forth and encrease those naturall Seedes but neither Learning nor instruction doe principally and originally give them they are faith Socrates but as skilfull Midwives Socrates whose office it is only to further the birth of the Childe not to beget the Childe The Second is the Law of God the Law of Faith or of the Gospell which may well be called Lex amoris the Law of love Is not this Nation Christian Hath it not professed the common Faith for 1200. yeares Doe not our Lawes all tend to the maintaining of peace concord and love fruits of the Gospell Are not all Statutes Acts of Parliament Constitutions Customes made and used for the government of this people founded upon such principalls Let the Objectors cite me any Law in use now amongst us which is not warranted by some expresse Gospel Text either in the Letter or not by necessary consequence drawne from it sure I am that every Law Custome Usage Priviledge Prescription Act of Parliament or Prerogative which doth exalt it selfe above or beyond the Law of God the Law of Christ or the Law of Nature hath ever by the worthy Sages of our Lawes been declared to be void It were to no purpose to instance upon particulars it is sufficient to say That as it appertaineth to all godly and Christian men to observe and keepe this Law so to let all men know that we are instructed by the worthy Professors of the Gospell of Christ in the fundamentall Rules and grounds of this Law to live after it and to direct all our words and actions according to it and by it and therefore I shall not say more of it The third the Lawes of men and the municipall Lawes of this Realm which although they may seeme to some to have their progeny from men for as Solon to the Athenians Lycurgus to the Lacedemonians Numa Pompelius and Actius Claudius to the Romans were accounted the Principall Authors and givers of Law to those severall Nations so Alured on Alfred Athelstone Edmundus Edgar Canutus Edward the Confessor William the first and Henry the first called Beauclark noble and famous Princes of this Nation part of all whose Lawes are yet in force were the chiefe promulgers of many necessary and good Lawes yet in use with us in this Realme yet if we looke into their Laws we shall finde that most of them have their rise from a higher power from the Law of God and the Law of Faith It is true Dan. Hist in tit Wil. Conq. Cicero l. 1. De legibus that some Historiographers have written that the originall of the Common Lawes now in use flowed first out of Normandy I shall decline that as to the generality but as
fundamentall Lawes so much of late called upon are to be found though I doe not warrant all in this Booke to be Law at this day many of the Lawes being absolete and altered by Acts of Parliaments and common usages It hath been some difficulty for me to finish it And although that the Manuscript Copy be in the Originall very imperfect the French impression by mil joyning of words in many places without sence and false Printed the Termes of Law therein for the most part obsolete and worne out yet have I endeavoured as all Translators of Bookes especially of Bookes of the Law ought to keep my selfe close to the words and meaning of the Authour and of the Law then in use and practise well knowing that Lawes many times have their interpretation according to the strict Letter and not according to such flourishes of Rhetorique and Oratory as may be put upon them I entreat thee Courteous Reader to accept of it as it is if thou finde any Errours in the Translation as I suppose thou maist doe many to passe them over or amend them If thou finde any thing in the Worke it it selfe which may advance the Common Lawes or the Liberties of the Subject or set forth the true Prerogative of Kings to weigh them in the Balance of Justice If thou finde any thing therein not fit to be published in these daies of distraction betwixt the King and prople Consider that this Worke was written in in the time of King Edward the first Consider againe it is not mine but the Authors who for his Antiquity and Learning in the Lawes of the Realme then in use hath found the favour and honour to be cited by many of the grave Sages of our Publique Laws so I commend it to thy favourable acceptance and bid thee farewell Thy friend who in his desires strives that the Common Laws of the Land may now and for ever flourish W. H. The PREAMBLE VVHen I perceived divers of those who should Governe the Law by Rules of Justice to have a respect to their owne earthly profit and chiefly to please Lords and their friends and to have a respect thereunto and not to give their consents that the right Usages should be ever put in writing whereby power might be taken from them to pervert Judgement and others to banish or dis-inherite without punishment for the same covering their offences by the exceptions of Errour and Ignorance never or little regarding the Soules of Offenders condemned by their Judgments as their duties and places required having used to Judge the people according to their own heads by Abusions and by the Examples of others erring in the Law rather then by the Rules of the Holy Scripture greatly to have erred from the true understanding thereof building without any Foundation and to Judge and have Cognizance and Jurisdiction in that which they little understood both in the Law of the Land and of the Law of the Persons as it is of those who take upon them Art to pronounce false Judgements and by their Executions falsly to pervert the Priviledges of the KING and the ancient Roles of his Treasure Taking the same into my serious consideration and the Foundation and Originall of the Usages of England given by the Law together with the Rewards of good Judges and the punishments of others I thought it needfull wherein my Companions gave me their assistance to study the Old and New Testament and therein we found That the Law is nothing else but Rules delivered by our holy Predecessors in the Holy Scriptures for the saving of Soules from perpetuall Damnation notwithstanding that the same were disused by false Judges And we found that the Holy Scripture remained in the Old and New Testament The Old Testament contained 3. orders The Law The Prophets The Hagiographies In the Law there are five Volumnes Genesis Exodus Leviticus Numbers Deuteronomy In the order of the Prophets are eight Volumnes Josua Judges Samuel with the 1. and 2. of Kings The 1. and 2. of Kings Esay Jeramy Ezekiel The Bookes of the 12. small Prophets In the order of Hagiographie are Job The Psalmes Proverbs of Solomon Ecclesiastes The Song of Solomon Daniel Paralipomenon Esdras Hester And besides these there are Bookes in the old Testament although they are Not authorized Canonicall Tobie Judeth Maccabees Ecclesiasticus The New Testament contain 3 Books The Evangelists The Apostles The holy Fathers The Evangilists contain 4 Volumnes The Epistles of St. Paul The Epistles of the Canon The Revelation The Acts of the Apostles The writings of the Apostles containe foure Volumnes Of the writings of the Fathers there is no certain matter agreed upon And we finde that our Lawes were agreeing to Scriptures and that they were in a Language best known both for the help of us and the common people And for the condemning of false Judges I compiled this little Book of the Law of Persons into 5. Chapters that is to say 1 Of offences against the peace 2 Of Actions 3 Of Exceptions 4 Of Judgements 5 Of Abusions Which Booke I have called The Mirrour of Iustices according as I have found their vertues and the most excellent substance after the time of King Arthur used by holy usages according to the Rules aforesaid and I desire you that you would amend the defects therereof according to such lawfull and true warrants as you prove both to learne the truth and confound the daily abuses of the Law ERRATA FOl 4. l. 18. for Iarrickshire r. Everwickshire f. 5. l. 12. r. after f. 7. l. 5. r. estray f. 10. l. 1â— r thence f 10. l. 20. r. exigent f. 11. l. 22 r. right heirs f. 12. l. 8. r. that married before f. 13. l. 5. ad they ib. l. 6. r. Escuage f. 14. l. 20. r. good f. 14. l. 35. r. disseisins f. 16. l. 27 r. Heresie fi 19. l. 5. r. chinniage f. 25. l. 5. r. offence f. 28. l. 18. r. not f. 30. l. 11. r. duresse f. 34. l. 19. put out to f. 35. l. 6. after appoineed ad time f. 30. l. 1. r. trove f. 47. l. 10. r. unknown f. 49. l. 3. r. done f 63 l. 10. r. endictee f. 65. l. 3. r. Countors f. 66. l. 12. put our as f. 69. l. 24 r. seisin f. 70. l. 5. put out the f. 76. l 9. r. contumacers f. 77. l. 8. put out the f. 93. l. 34. r. disscisin l. 16. r. Darcein presentment l. 15. r. Mortdamicester f. 99. l. r. promy t. An. f. 102. l. 17. r. l. eplegiary facias f. 103. l 18. put out of f 1105. after 100. f. r. five pounds f. 116 l 30. r resummons f. 123. l. 29. ad in f. 126. l. 3 r. felony f. 150. l. 6. ad not f. 152. l. 28 29. r. diffesivit f. 154. l. 8. r. waging f. 155. l 14 ad not f. 156. 33. r. Record f. 163. l. 29. r. enjoyed f. 167. l. 14. r. plaintiffs f. 267. l.