Selected quad for the lemma: cause_n
Text snippets containing the quad
|
ID |
Title |
Author |
Corrected Date of Publication (TCP Date of Publication) |
STC |
Words |
Pages |
|
A11376
|
Of the antient lavves of great Britaine. George Saltern
|
Salteren, George.
|
1605
(1605)
|
STC 21635; ESTC S116514
|
35,849
|
88
|
words of the most Godly religious King Alfred in his Lawes Lamb. Arc. HigdeÌ„ Pontic virun Galf. Mon. The Chronicles say that Gildas the auncient Godly Brittaine Priest who liued not much more then 500. yeares after Christ and not much aboue 300. after Lucius translated the British Lawes into Latine afterward Alfred the Godly Saxone Prince traÌ„slated the same into Saxon and so continued them to posteritie Lamb. Ar. Alfred in the entraÌ„ce to his Lawes setting first the ten Commaundements and many judiciall Lawes of Moses and last the Apostolicall Epistle directed to the Gentiles mencioned in the Actes Actes 15 which hee concludeth with these wordes vsed in some translations That you will not haue done your selues do not vnto others windeth vp all with this conclusion By this one coÌ„maundement saith he it is euident inough that Law and right is to bee giuen to all men equally Neither shall we need of any other whatsoeuer iudiciall booke onely let this bee infixed in the minde of him that sitteth as judge vpon others that he giue no other sentence of other men then he wold haue to be giuen in his owne cause But in the propagatioÌ„ of the gospel saith King Alfred when many men beleeued in the word of God then many Synodes were gathered and also in England the Bishoppes other the wisest men assembled who being taught by the mildenes of Christ did set vpon euerie first offender a pecuniarie paine the leuying whereof they coÌ„mitted to the Magistrates c. And a little after Lamb. Archaion These I Alfred the King haue gathered together and committed to writing Then speaking also of the lawes of later time he addeth that there were many thinges also which he thought fit to be obserued in the acts of Ina Offa Ethelbert but the former words are plainely spoken of the Lawes heere established vpon the first receiuing of the Gospell by King Lucius doe fully prooue that the counsel of Elâ—â—herius was followed but with the mercifulnes mildehartenes of our Lord christ after the Saxon phrase and the Sinodes which Alfred speaketh of in the first arriual of the Gospell were the Parlaments of Lucius whose course that it was such as I haue said I pray you see also by that which followeth wherein I wil first speake of the remnants of the Lawes of nature secondly of the auncient Brittish Lawes made before and by Lucius and lastlye of those that followed vntil the Norman Cap. 6. IT is manifest in Histories both sacred prophane that the moste auncient Nations had their Kings or Princes their Priests their Elders or Senators and their Dukes or Captaines Cic. 3. Leg. Gen. 18. Iob. 12. Psa 105.21 and this seemeth to bee according to the Lawe of God Nature it is seene in the Histories of Egipt Iudaea Madian Arabia Greece Italy So Caesar found in Britaine Reges Druidas Caesar Principes et Nobiles Duces For it is to bee noted that where hee nameth the foure Kinges of Kent he sheweth withal that they were all subiect to Câ—…sâ—ibellan and calleth Cingâ—torix Nobilem ducem which proueth that he ment by Reges as commonly the Romanes vnderstood men of nobilitie power gouernemeÌ„t though it were but in one City as he saith of Immanuentius in London who perhaps might then be a LieutenaÌ„t of the city Proaem L. 2 as the Lord Maior is now and so dooth Polidor take it saying that they were foure Princes such as wee now call Earles or Dukes It is prooued also amongst Antiquaries that the famous Belinus and Brennus it is not hard to be proued that Mulmutius and others were Kings of this Iland Bed Lib. 1. and Beda the most faithfull Historian saith literally that before the yere six huÌ„dred after Christ in Britaine SeruabaÌ„t vt cuuque Reges Sacerdotes priuati et optimates suum quique ordinem But of the auncient Kings as likewise of their Elders or Nobles I finde two sorts the one fatherly and the other tirannical the first hauing and maintaining the authority of the first age Aug. de Ciuit Dei Lib 15. et 19. Arist 1. Polit Gen. 17.29 Gen. 27.29 et 49.10 wherein Patres familias regebant the Fathers of the greatest families which contained others were Kings as Adam and Sem taken to be Melchisedec and Assur his Sonne the Fathers of inferior families yet populous and great were Elders or Princes as Abraham Isack Iacob and Iob. Such there were in Britain as Caesar Gildas doe shew The second sorte obtained their authoritie by warre violence or Rebellion as before the floud Cain and afterwards Nimrod Esau and the like And of this sort there was also in Britaine whose times Gildas calleth vetustos immanium Tyrannos annos Gildas in Epistola But as I take it the most ancient Nobilitie of Britaine had a name signifying as much as Elders or Senators as they had in other Countries before mencioned Of that signification there is a name in many auncient recordes to be found a name of auncient nobilitie which importeth in signification an Elder which I take it was the name of that first most auncient British Noble man The name it selfe is Thane and I finde this name vsed for a Noble man in this Iland in Denmake in Ireland It must needes be a name proceeding froÌ„ some of the nations that raygned in these Countries but neither the Romans nor Saxons nor the Danes nor the Irish can giue a reason whereby to claime it as a woord of theirs Onely the Britaines haue a word most neere both in letter signification vse For where the Danes call a Lord or a Noble maÌ„ Thane as the Britains did and where the Irish call him Tane which by reason of his Eldership is next to succeede in some Lordshippe yet neither of them giue a reason for it onely the Britaines vse the woord Heane or Hane to signifie an Elder which answereth to the word Thane as I said both in letter signification vse And to verifie the saying that all thinges make an Harmonious consent to truth The Historie testifieth that the Saxons immediately after their comming into this Iland called their Nobles by a name of the same signification viz. Earles or eldermen a name of Nobilitie vnknowne in their owne Countrie where as I take it they are called Graues or Greues signifying a gouernor which name also they brought hither and it remaineth in some vse to this day But the name of Elder they learned of the Britaines And heereunto agreeth the text extant amongst the Lawes of St. Edward Sicut modo vocantur Greue Lamb. Archaion qui super alios perfecturas habent ita apud Anglos antiquitus vocabantur Ealdermen quasi seniores non propter senectutem cum quidam adolescentes essent sed propter sapientiaÌ„ Et similiter olim apud Britones temporibus RomanoruÌ„ in regno isto Britanniae vocabantur Senatores
homicides of escapes of Tearmes kept at London of Recoueries of Exchanges Historia Eliensis of Feoffements of jntales of CoÌ„mons inclosures and the Law of Curia Claudenda of the lawe of disceit it in selling thinges corrupt or vitious of dowers Leases Rents Farmes seruices c. And many other as things theÌ„ in vse which were allowed as agreeable to Gods word by those Saxon ChristiaÌ„s being vtter enemies to the Britaines and yet most deuout in Religion and sincere in Iustice as their Lawes doe testifie For which cause I will touch certaine of the notable Saxon lawes onely to shew the Godlinesse of those auncient Saxons and Scottish Kings and how in that time the matters of our common Lawes were vsuall and common Inas about the yeare of our Lord 720. beginneth his lawes thus Inas by the grace of God west Saxon King by the perswasion and instruction of Cenred my Father and of Hedda and Erkenwald my Bishops and with al my Aldermen the eldest wisemen of my people in a great summons of Gods Seruants for the health of our soule conseruation of our kingdome I haue enacted that right Lawes and IudgemeÌ„ts be confirmed throughout our kingdome Cap. 1. That the ministers of God obserue the appointed rules and maners of liuing Then followeth Lawes for obseruation of the Sabaoth against theft robbery murder many other offences and therein is mencion also made of Land-lords of Tennants of Rents and seruices Kennethus the most worthy Scottish King soone after the same time maketh verye iust and good Lawes wherof this was one In euery Shire this was before Alfred Let skilfull men in the Lawes bee appointed to reside hee that blasphemeth the name of God of the Saints of his Prince or of the Captaine of his tribe let his tongue bee cut out The most religious K. Alfred about the yeare 880. beginneth his lawes thus The Lord spake vnto Moses these words saying I am the Lord thy God which brought thee out of the land of Egipt out of the house of Bondage thou shalt haue none other Gods besides mee And so foorth as in the decalog and other Iudicialles of Moses Then follow certaine lawes against periury concerning Intayles against Sacriledge Treason Quarrelling Fighting Fornication yea against immodest touching of a womaÌ„ with other lawes of greate sinceritie a manifest and approued Vicar and Lieuftenant of God a second Dauid whose delight is in the Lawe of the Lord which to confirme the same King translated the new Testament out of Latin into the Vulgar SaxoÌ„ for the vse of his subiects some Copies whereof as it is said are yet remaining amongst vs. So farre did the learning of those daies differ from the ignorance of these Romane innouators Edward Anno Dom. 920. Thus beginneth I Edward K. commaund all Gâ—eeues that they giue right iudgements to all according to their iudgement Booke Alfred and Guthrun thus made their league by act of Parlament Ante omnia Deum vnum c. before al things that one God is to be loued Worshipped Secondly that humane Lawes are to be proclaimed as common to Christ and the King Then followe Lawes for payment of Tithes for obseruation of the Sabaothes c. Ioh. Picus cited by Mr Lamb. Arc. And by this league Guthrunus which some call Gurmundus was in Baptisme named Ethelstane obteyned Suffolke Norfolke Northumberland to be giuen to him to holde by Fealty of the King Edmund sets this preface to his Lawes I Edmund King to al my Subiects doe plainely signifie that in a solemne assembly both of the Clergie and Laity I haue studiously inquired of the wisest of my kingdome by what meanes the ChristiaÌ„ faith might be most aduanced And to vs all it seemed most comodious that loue and mutual kindnes should be maintayned amongst all men throughout our Kingdome Etenim taeâ—…et nos harum quotidianarum pugnarum For we are tired with these quotidian fightings and contentions O godly Prince O true Vicar of the God of Peace Edgar enacteth Lawes for the obseruation of the Sunday and of publike feasts and fasts vnder the paines contained in the iudiciall booke And that euery man shall freely enioy the benefit of the common Law Note the common lawe euen then named before St. Edward the Conqueror Canutus the Dane thus First let all men most deuoutly religiously worship one God Al men obserue one rule of Christian Religion Al men obey Canutus the King with due fidelity and obseruance All defend and keepe the church of Christ with holy euerlasting peace continually frequeÌ„t the same c with many other most Godly and Christian lawes after many Footesteps of auncient Lawes which yet remaine in vse he concludeth with a moste ardent exhortation to all men to turne vnto God and to obey his commaundements another Lieftenant or vicegerent of Christ Edgar the peaceable confirmeth the Liberties rights of the Church amongst other things enacteth that euerie man shall enioy the benefit of the common Lawe Like matters are found in the Lawes of Ethelstane Etheldred St. Edward and VVilliam the Conqueror who confirmeth the same with some small addition and hath left them to vs consecrated by his owne othe and the othe of all his successors You see then the sacred Maiestie of our Imperaill Princes whoÌ„ God hath vouchsafed not onely by the coÌ„fesson of strangers enemies but by these their Lawes to be his Vicars defenders of his faith And by these things that haue been said it may fully appeare first how sincerely and deuoutlye those excellent Princes followed the counsell of Elutherius giuen to Lucius in taking lawes for their kingdome out of the word of God and how true it is that we affirme that our auncient common lawes were begun in the times of the first Britains grounded vpon the lawes of God printed in Nature and Scripture continued by the Saxons in their iudgement bookes transmitted to vs by Saint Edward and the Conqueror And consequently the ground of Sir Iohn Fortescues testimony that this land hath bene possessed by Britannes Romanes Saxons Danes and Normans And in all the times of these seuerall Nations and of their Kings this Realme was still ruled with the selfe same lawes and customes which if they had not bene right good some of those Kings mooued eyther with Iustice or with reason or affection wold haue chaÌ„ged or abolished them speciallye the Romaneâ— who did iudge all the world by their owne Lawes Thirdly what direction and Presidents our Princes and Parlaments haue had to follow in making Lawes and what Lawes the whole Kingdome is bound to obserue by that solemn othe that is taken for the obseruation of St. Edwards lawes and the Lawes of the Realme as partly also is noted vnto vs in the preface of that famous Statute made against Prouisors in the 25. yeare of King Edward the third And lastly what reason may be giueÌ„