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
8. pence of Coppihold in the same Countie and this by the Statute of 1 R. 3 cap. 4. Stamf. plit Coron li. 2 cap. 24 fo 85 86 87. 2. The second sort are matters here inquirable presentable and punishable For the first it may seeme unnecessary to enquire at the law day of those things which the Court hath not power to correct and punish and which the authoritie of Instices of peace doe daily meet with But there are two reasons to cleare the doubt and approve the inquiry of them 1. The benefit of Escheats of lands and forfeiture of goods and Chattells for upon conviction of any offender in cases of Felonies their lands doe escheat unto the King if they bee holden of him or to the Lord of whom they are holden Saving to the King the waste thereof for a yeare and a day and therefore it is to be inquired what lands tenements and goods the offender hath for they accrew to the King if the Lord hath not a grant of Cattalla felonum by Charter from the King 9 H. 7 fo 23 29. 2. Instice Flemming The second reason Id. from the mouth of a Reverend Iudge who in a speech of his concerning the necessitie of Leets and law-dayes said that a Leet was Schola insigniendi juvenes a Schoole to direct and instruct young men to know the ancient lawes of the Kingdome and to prepare them for greater imployments at greater meetings as the Assises Gaole deliverie and Sessions of the peace The first sort of offences which concerne power of inquirie but not of punition are Treasons Premunire Pettie-treasons and Felonies HIgh Treasons which Glanvill lib. 1 cap. 2 cals Crimen laesae Majest ut de nece vel sedic personae Domini Regis velregni vel exercitus Britton ca. 29 title Tournes de Viscounts giveth directions for inquiring at the Sheriffes Tourne of the mortall enemies of the King or the Queene or their children or of their consenters And long after that by the Statute of 25. Ed. 3 cap. 2 a declaration was made what offences should be adjudged High or Pettie treason If any person doe imagine or compasse the death of our Lord the King or of the Queene or of their eldest sonne and heire It is High treason Crimen laesae Majest by the ancient common law For Princeps censetur una persona cum ipso Rege Or if a man doe violate the Kings companion or the Kings eldest daughter unmarried or the wife of the Kings eldest sonne and heire Or if a man doe levie warre against the King in his Realme or be adherent to the Kings enemies in his Realme giving them aide or comfort there or elsewhere Other Treasons which doe not touch the person of the King so neere IF any counterfeit the great seale privie seale or the money of this Realme Or if any bring false money into this Realme counterfeit to the mony of England knowing it to be false to marchandize or make payment in deceipt of the King and his people If any doe falsly forge or counterfeit any coine of gold or Silver which is not the proper coine of this Realme and is or shall be currant within this Realme If any doe forge or counterfeit the sign mannuall privie signet or privie seale If a man slay the Chancellor Treasurer or the Kings Iustices of the one bench or the other Iustices in Eyre or Iustices of Assise or any other Iustices being in their places doing their offices All those before cited and all ayders procurers and abbetters shall be deemed and adjudged Traitors and shall incurâ—e all paines and for feitures as in cases of High treason is used and ordeyned 1 Mar. ca. 6. If any for wicked lucre or gaine doe clip wash round or file any monie which is or shall be the coine of this Realme or the monie thereof or the coines or monie of another Realme which is or shall be allowed to be currant within this Realme or the Dominions thereof it is high treason 5 Eliz. 11. The forfeiture by the Statute is of goods but of lands only during life and no corruption of blood nor forfeiture of dower It was first declared high Treason 3 H. 5 afterwards abrogated 1 Mar. 1 and revived by this Statute of 5 Eliz. 11. Premünire and Treason FOr the preservation of the dignitie of the imperiall Crowne of England 5 Eliz. c. 1 it was enacted 5 Eliz. ca. 1. That if any person of any estate dignitie or degree soever should by writing ciphring printing or preaching deed or act advisedly and wittingly extoll or set forth the authoritie of the Bishop of Rome used or usurped within this Realme or any the Dominions thereof every such person their abbetters procurers and counsellers being lawfully indicted or presented within one yeare after such offence committed and being lawfully convicted or attainted shall incurre the penaltie of Premunire provided by the Statute of Provision made Anno 16 Rich. 2. And if any person or persons their abbetters or procurers after such conviction and attainder doe eftsoons commit the same offences and be thereof duly convicted and attainted shall incur the paines and forfeitures of high Treason In like danger are they who refuse to take the oath of supremacie prescribed 1 Eliz. 1 which for the first offence is Premunire And if any the persons appointed by this Act to take the said oath doe after the space of three moneths next after the first tender thereof the second time refuse or doe not take and pronounce it shall also be adjudged in the case of high Treason and this Statute requires a publication hereof at the Leete But this Act shall not extend to make any corruption of blood disinherison of any heire forfeiture of any dower nor the prejudice of any right or title of any persons other than the right or title of the offender during his her or their life only Nota the penaltie in a Premunire is described 22 Edward 3.1 and 16 Richard 2.5 to bee ouâ— of the Kings protection to forfeit lands goods and chattels and their bodies to bee taken imprisoned and ransomed at the Kings pleasure But by this Statute of 5 Eliz. 1 It is not lawful to kill any attainted in Premunire Pettie Treason IF any servant kill his or her Master or Mistresse or a man secular or religious killeth his Prelate or Ordinarie to whom he oweth faith and obedience it is pettie treason in them and the abbetters 25 Edward 3 2. If a woman killeth her husband in regard of the subjection and obedience which she oweth to him it is petty treason 19 Henry 6 fol. 47. If a servant after he bee out of service killeth his Master so as it be done out of a prepensed malice whilest he was in service It is pettie treason though not expressâ—ly within the letter of the Statute of 25 Ed. 3. It is pettie treason in a sonne who killeth his mother and he shall be drawne
of the charge doth not once mention those offences but that they were and are offences at the common Law and inquirable and punishable in Tournes and Leets will be very manifest 〈◊〉 Leet so Fitzh in his Court Leet so 86. printed A.D. 1559 after the Statute of 5 Ed. 6. doth charge the inquirie of Forestallers and Regrators And the Statute 5. Ed. 6. doth not abridge any other power or jurisdiction as appeares by a clause in the same Act viz. If any should bee punished by vertue of that Act for any thing therein mentioned he should not otherwise be vexed or put to any paine for that thing It will not be amisse here to take a short survey of the ancient ordinances of this Kingdome which were but declarations of the common Law The old Law intituled Indicium Collistrigii 51 Hen. 51 Hen. 3. provides that inquirie be made de forstallariis who before the due houre did buy any thing contrary to the ordinance of the towne and market Or doe go out of the town to meet with any vendible things and doe buy them extra villam that they might sell them in the towne to Regrators at a dearer rate than they which would have brought it into the Towne That law is seconded with another intituled Statut. de pistoribus braciotaribus c. de Forstallariis being repealed only touching the assise of wine by 21 Iac. by which the King commands that no forestaller should dwell in any towne and renders the reason Qui pauperum est depressor manifesle totius Communitatis patriae publicus inimicus An oppressor of the poore and an enemy of the countrey and hereby the 1 Conviction is a grievous amerciament 2 Iudgement of the Pillorie 3 Incarceration and redemption 4 Abjuration of the Towne And the like against those that should counsell or countenance them and it was to be inquired if any Steward or Bayliffe did for any reward remit the judgement of the pillorie by which it is plaine that Stewards of Leets had power to inquire of this offence By the Statute of 25 Ed. 3 cap. 3 all forestallers of Wines and all other victualls wares and marchandizes that comes to the townes of England by land or by water being attainted at the Kings suit by indictment or in any other manner shall forfeit to the King the things forestalled if they were full bought But if agreement were only made by earnest then the value of the things so forestalled and two yeares imprisonment or more at the Kings will if the buyer had not whereof to pay it By all those lawes it was not perfectly known what person should bee taken for a forestaller c. and therefore a full declaration was made by the latter Statute of 5 Ed. 6.14 These Monopolists of late yeares began to swarme and muster themselves against the Common weale and in time like the frogs of Egypt would have over-run and covered the whole land and without a scarcitie would have brought a dearth amongst us if his now Royall Majestie by his Proclamation orders and directions Dated 28. December 1630 afterwards put in execution against some principall ingrossers of corne and graine by two severall censures and decrees in the high court of Starchamber Mich. 7. Car. had not ministred a timely prevention by which directions a strict inquirie of Forestalles and Regrators is required in a Court Leet There follow severall sorts of fraudes deceipts and conspiracies as well in making selling and uttering of victuall and wares which concerne the alimony and sustenance of the body as also in trades of mercimony and manufacture and in artificers and labourers all which are inquirable at Leets Assize of Bread BRead is the principall of all kinde of victuall it is the staffe of life and the life of the poor in sacred Scripture the commination of famine is denounced by breaking the staffe of bread Levit 26.26 If therefore any Baker shall make and put to sale any bread which is not of good and sufficient weight and assize according to the â—ate and prices of corne and grain in the markets adjoyning or is not wholesome for the bodie of man Brewers and Tiplers IF Brewers and Tiplers doe not keepe and observe the assize of ale and beere and make it good and wholesome for the body of man or do drefuse to suffer their Ale and Beer to be assayed an tasted by the officer on that behalf appointed before they set the same to sale To the end he may be the better directed where to search Every licensed Tipler ought to have a Bush or alestake at his doore Cups Glasses IF any Tiplers sell by glasses cups or dishes or any measure which are not of due assize and lawfully sealed whereby the poore labourer and wayfaring passenger for whose reliefe and comfort such persons are allowed to tipple bee scanted and defrauded By the ancient Law of Iudicium Collist 51. Hen. 3 before mentioned If a Baker or Brewer be convict for not observing the assize of bread and ale the first second and third time he shall bee amerced according to his offence if it bee not over-grievous but if it be grievous and often Si grave fecerit delictum pluries castigari noluerit tunc patiatur judicium corporis scil Pistor collistrigium brasiatrix trubicetum vel castigatorium A Baker to the Pillorie and a brewer to the Tumbrell or other correction c. Butchers c. IF any Butchers Fishmongers Regrators 13 Edw. 3.6 Hostlers Brewers Bakers Pulters or any other sellers of any manner of victuall doe not sell the same for reasonable prices having regard to the prices in the places adjoyning so that the same sellers have moderate gaines and not excessive reasonably to be required according to the distance of the place from whence the said victualls be carried shall pay double for the same to the partie damnified or in default of him to any other that will pursue on this behalfe 13 Ed. 3.6 Victuallers BY the Statute of 13 Ri. 2.18 For victuallers 13 â—â—h 2 1â— it was accorded that they should have reasonable gaines according to the discretion and limitation of the Justices and no more upon paine to be grievously punished according to the discretion of the said Iustices where no paine was limitted in certaine before that time and that Sheriffes Stewards of franchises and all others that have assize of bread and ale and the correction thereof shall take no amerciament or fine for any default touching the assize to spare any bodily punishment In the time of Edw. 4. certain persons for their owne profit did procure Letters Patents of the King to be surveyors and correctors of victuals within certaine Cities Boroughs and other places and by pretence thereof did commit diverse extortions and oppressions to the dammage of the people and derogation of liberties and franchises which Letters Pattents by the Statutes of 12 Edw. 4. ca. 8. were
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
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
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