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honour_n custom_n render_v tribute_n 3,126 5 11.2636 5 true
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A55555 A treatise of the antiquity, authority, vses and jurisdiction of the ancient Courts of Leet, or view of franck-pledge and of subordination of government derived from the institution of Moses, the first legislator and the first imitation of him in this island of Great Britaine, by King Alfred and continued ever since : together with additions and alterations of the moderne lawes and statutes inquirable at those courts, untill this present yeare, 1641 : with a large explication of the old oath of allegeance annexed. Powell, Robert, fl. 1636-1652. 1641 (1641) Wing P3066; ESTC R40659 102,251 241

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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 ●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
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 us●● 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. ●●●y other particulars might be here instanced Next how farre the preeminence of a king as to life and member is to be consid●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
De ●odo●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 I●●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