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A59386 Rights of the kingdom, or, Customs of our ancestors touching the duty, power, election, or succession of our Kings and Parliaments, our true liberty, due allegiance, three estates, their legislative power, original, judicial, and executive, with the militia freely discussed through the British, Saxon, Norman laws and histories, with an occasional discourse of great changes yet expected in the world. Sadler, John, 1615-1674. 1682 (1682) Wing S279; ESTC R11835 136,787 326

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Charter with the Statute of Marlbridge and the first and second of Westminster To which we may add the old Records cited by the great Judge on Littletons Rents and Releases for Minors and Women with Child being excused from Imprisonment not only in Judgment on Trespasses but an Appeal of Robbery More curious yet and tender is our Law in all that toucheth Life The Mirror is full of Complaints that in his time and Horn did live about King Edward the first or rather the second for he nameth Edward the first some sins were made mortal which were but Venial At was Rape with him till Edward the first But none saith he can make a Venial sin mortal by any Statute without consent of the Pope and Emperour And besides the Saxon Laws cited before it is considerable that one the first Normans called Conquerours Laws so often confirmed since was this that no man should be hanged or put to Death for Treason or other crime but lose his Eyes or be exect or some way dismembred that so he might be a living Monument and spectacle Proditionis nequitiae And of such there are many precedents and of some Banished but of very few Hanged or put to Death till about the Time of Fitz-Osborn cited before And Rape was punished with loss of Eyes and exection in Bracton before the Statute of Westminster The second but in Glanvil it seemeth to have been as mortal as Murder or Burning From the Monk of Malmsbury we find that the Laws of Henry the first did punish this and Theft with loss of Eyes and exection But of this Mr. Seldens Ianus and his Notes on Hengham shew the like Customs continued in Winchester and Walingford Hanging is a late punishment for Theft but some kinds of Felony did lose the Head And for Adultery the Woman of old did lose her Ears and Nose but she was burnt to Death for killing her Husband which Caesar also observed of the British Gaulish Druids But our Ancestors allowed Bail in Cases very high and hienous we must speak of Treason in another place that I say nothing of Sanctuary Abjuration and Clergy which was much larger than later Statutes have made it But of this for rhe Peers in special although they could not read see the first of Edw. the 6th and a later Statute of King Iames for burning and whipping of Women who could not be Clerks as men It may be considered how our English mercy may be continued some other way if this be put down Which is very disputable and the plain truth is it was much at the Ordinaries pleasure For they were not fined for refusing to come before the Justices who yet might reprieve the Prisoner in case of such Refusal And in Case of Sacriledge it hath been declared at the Ordinaries choice to give or deny Clergy for which an old Record of Edw. the 3d. is to be added to Poulters Case with Cawdries and Biggens in the 5th part of Reports This Case of Sacriledge is very considerable being of all the most forlorn for being denyed the Priviledge of Sanctuary it could not Abjure For this was Appendant to Sanctuary whither the Offended did first fly and then Abjure By the old Law the person Abjured must banish himself into a Forreign yet a Christian Country But in Henry the 8th he was removed to some other English Sanctuary And in K. Iames if it is taken away but what was allow●● in 35th of Elizabeth which remaineth yet without Sanctuary for ought I know But to all Antiquities for Abjuration and Sanctuary in the Mirror St. Edward's and the Saxon Laws may be added those of Molmutius the old Britain so long before Christian Religion Of whom before and yet again ere long Pain fort and Iure the pressing punishment in case of standing Mute in petty Treason and Felony with Martial Law are not so old as our Ancestors Mercy Yet in this they are merciful that they do not forfeit Estate or Attaint and corrupt blood as do other Capitals But when shall we live to have no need of that Novel Pressure of Law Martial When shall we again return to our Fore-fathers tenderness in all of Blood And that not only in Pitty but Policy both in this and other Nations Who could else have made no great Title to many of their best slaves in Gallies and other employments Which yet were not so good as our Mines might prove if at least they were known how to be found used and improved As they may and shall I hope ere many Ages more are lost or worse than lost in hating spoiling killing and devouring one another But of all little Islands near us the Isle of Map a very Famous place of old and a distinct Kingdom of it self though Appendant to this Conquest seemeth to be worthy of Enquiry for their Laws and Customs Which are very much more compendious than Ours in some Cases of Law with all Pleadings and Process In Criminals they have strange Customs it being with them more Capital to Steal a Pig or a Capon than an Horse or an Oxe One reason is because they love plain dealing and be open-hearted and they hate the man that Steals and Hides much more than him that doth it in on open way I find it in a very good Author and a great Lawyer who reporteth them to be industrious and religious true and very free from begging or stealing All Controversies are determined in little time with less Expence Pleading or Writing Yet in Cases of unusual Weight and Doubt they have recourse to Twelve they make and call the Islands Keys being above their common Deemsters whom they choose from among themselves Their Bargains are compleated and comfirm'd by the giving and taking of as mean a matter as a Straw as of old also per traditionem stipulae from whence the phrase of stipulation came But these were moulded also by our British Druids or of later date our Saxon Ancestors I need not speak how curious our Fathers were in all their Process touching Life The Way was still as punctual as clear and plain as was the End They loved to be just and to do justly Doth our Law condemn or give power to condemn any man without Hearing or due Summons to Judgment I hope it never will A Great man of a good Name standeth upon Record as by Parliament condemned to Death without Hearing or Legal Summons But there is a Blush or a Vail of Oblivion drawn upon it by good Writers as a stain and a shame to the Parliament Rolls yet as a just judgment on him that had first moved that another might be so condemned And he so perished by that Law which he would have made for others This seemeth also to be written in the Law of Nature And doubtless the Sins of Sodome were as notorious to God in Heaven as any others can be to Men in Parliament And yet He would and did go down to hear and