Nobles he was perswaded to establish the former lawes he then by the counsell of his Nobles and according to the course and common Lawes of the Realme impanelled twelue men of euerie Shire to inquire make a true presentment of the said auncient Lawes and customes for so be the words Electi de singulis totius patriae comitatibus duodecim viri Lamb. Arc. Houeden iureiurando Coram Rege primum confirmauerunt vt quoad possent recto tramite incedentes nec ad dextrā nec ad sinistrā diuertentes legum suarum et consuetudinum sancita patefacerent c. And amongst the rest they make menciō of the customes of London which I cited before I say nothing here that the footesteps of this triall are found in the lawes of Etheldred made at wantage which is cited by Maister Camden nor of the ordinance made for the mountainers of Wales Malmesbury Huntingdō Ethelwardus Historia Ely remaining with St. Robert Cotton Ingulfus nor of the law of Kennethus the famous Scottish King about the yere of our Sauiour Christ 840. mentioning some such matter nor of the learned diligent Historians that liued neere about the conquest might easily haue tolde vs if any such thing had been begun by the Saxons nor of the Historie of Ely written before the conquest and Ingulfus soone after plainly speaking of Mannors Feoffements Shiriffes Coūty Courts Tearmes at Londō recoueries in an assise or writ of right as of thinges thē common and vsuall We read also of Parlaments wapentakes homages fealties discents from the Grandfather to the Nephew Eschets to the King for want of heires in the daies of Aurelius Ambrosius Leland Hooker Galf. Mon. Gildas and of Arthur the worthy streight way after Gildas maketh mencion of Courts Iudges Freshsuit after thieues Iudgements which could not be without trialls By all which I thinke it is manifest that these points of common law namely these trialls by twelue are of most aunciēt antiquitie according to the commō law and vsed amongst other customes of the citie of London before the times of the Saxon and Norman Princes of whome no such Libertie or course of proceeding could be gotten without patent and no other forme of auncient tryalls doth appeare vpon which I conclude as before that they had it in the times of the Britaines The same is prooued by al the auncient and new records of Assises of Freshforce of writs of right and other tryalles in London which must bee all falsified and many thousands of records besides if wee ouerthrowe this prescription And this being so consonant to the iudgments of those excellent men before cited Cāden Belknap Sr. Io. Fortescue Sr. Ed. Cook Let vs now leaue Maister Polidor his followers which either neuer saw or did not vnderstand our auncient Histories and Records let vs leaue them I say to their owne imaginations with this admonition to all discreet Antiquaries that they be not ouer-hasty to beleeue either the Roman or other Authors speaking of the Britaines thire enemies but holding them suspect for partialitie or ignorance which may easily appeare to euerie iudiciall Reader let vs followe the true groundes confirmed by these faithfull Monuments of our Lawes and the Histories thereunto agreeing And this being ascertained it is easie now to beholde from whence all our Assises of nouel diseisin of Mordancester of darrain presentment our great Assises Iuries Challenges the rest of which Mr. Bracton at large discourseth are lineally descēded being as I take it the greatest part of our common Lawes and it appereth by that which is before spoken that these also are most agreeable to the Scripture of God whereupon I conclude fully that all our common Lawes was in vse in the Britaines time long before the Saxons howsoeuer suppressed the bookes thereof defaced by forreine inuasions and intestine dissentions And thus much of Lucius and the Britaines Now of the Saxon Princes Cap. 11. IT hath bene a worke of the special prouidēce of Almightie God of his infinite mercie to this Iland in the middes of Poetical fables wherwith the British Histories haue bene mixed and of those Barbarous inuasiōs which haue wasted and spoyled them to leaue vs yet certaine remnants and monuments whereby to iudge of those long past Antiquities in iudging wherof men by taking contrarie courses haue made the controuersie more difficult that the truth foūd out might be the better confirmed For some haue giuē thēselues to fauour the Romane Historie so much as to abrogate all faith and credit from the British as if the ambitious Romanes Caesar would say nothing for their owne aduantage who of all others most couetous of glorie is iustly noted by Suetonius Lucian and Asinius Pollio to haue written his commētaries as much as he might to saue his owne Honour especiallye of his Actions in these remote places Others haue gone so farre to the bowehand as to fauour all the vanities of the Poeticall Bardes as if nothing could bee denied which they had once turned into Rythme But that God which came into the world to beare witnesse of the truth so much doth he loue it hath left vs rules and directions to trie out the verity of aunciēt times By the mouth of two or three witnesses euerie word shall be confirmed sayth Moses and as it is moste certaine truth cannot be so much oppressed as to be vtterly destitute of proofes Let therefore the proofe rest vpon witnesses and comparison of circumstances it will appreare as Sir Iohn Prise truely auerreth and learnedly prooueth that the British Story is in many things more to be credited then Caesar and Polidore and other Italians Besides the Scottish Historie agreeing in many things with vs manifestly conuinceth the Romanes of their Arrogancie and vanitie and with all ministreth further groundes not onely to proue the antiquitie and sincerity of our common Lawes but that the same or others much like obtained in Scotland also as well as heere which may bee seene by the Lawes of Brechus Fergusius answering in time to Mulmutius and Mercia and by the Lawes of Kennethus not much distant from Alfred and last of all by their Bookes of Regiam Maiestatem a principal booke of Common Law amongst thē agreeing in effect with our Glanuill And to say truth there was litle difference in Lawes and Religion betwixt these two Nations vntill the bloody warres that began after the time of our King Henry the third before whose daies Glanuill did write Againe the most auncient of the Saxon Princes law-makers doe make mencion of many thinges in our common Law which we are forced to beleeue that they receiued from the Britaines for that they speake of them as of things vsual and common Ina Alfred Lamb. Arc. Edgar other the Saxon law makers speake of the Parlament of Iudgemēts of Treason of Sanctuaries of Purgatiō of execution by hanging for theft of fresh sute after theiues
qui postea temporibus Saxonum vocabantur Aldermani And to say that the Britaine 's vsed the name of Senator or borrowed this name of the Romanes is very publikely for they liued in perpetuall hatred and hostility with them as they shewed vpon aâ—l occasions followed not their lawes nor institutions in any thing but by constraint seeing them to be Paganes Idolaters oppressors of their liberty and persecutors of their Religion Neither doth Beda nor any other Historian speake of any Lawes made in Britaine by the Romanes nor of any iudgements by them exercised but of those if they be to be called iudgements whereby Albanus other holy Martirs were moste cruelly put to death Therefore I conclude that the Britaine 's tooke this name other institutions not of them but either of the auncient statutes of nature or of the latter restitution by the Gospell These Nobles therefore together with the Priests other selected commons made the common Counsel of this Iland whereof Caesar speaketh and which at this day is called the Parlament and in the moste of our Histories called consilium Sapientum In the Lawes of Edward before the conquest in the Lawes of King Ina made about the yeare 720. after our Lord Christ there is mencion of theis Parlament consisting of these degrees of men An hundred yeares before that we read that Bertha the Christian Queene of Kent procured judgements to be established Cum consilio sapientum Bed Lib. 2 that is by the Parlament where also the venerable Bede speaketh warily saying that it was after the exaÌ„ple of the Romans but not saying it was after the Romane manner An hundred yeares before that againe in the time of Arthur the warrior we reade of Parlaments and the moste learned King Alfred in his lawes saith plainely that vpon the propagation of the Gospell Lamb. Ar. Nonnulli tam in Anglia quam in alijs regionibus Episcoporum aliorumque clarissimorum sapientum conuentus agebantur which could not bee after the Romane fashion whosoeuer obserueth the circumstances of the matter he shal perceiue it euidently to bee spoken of the time of King Lucius as I said before for in his time being peaceable the Gospell was first publikely receiued Beda Galfrid MonuÌ„ Polidor and after his death this Kingdome continually laboured with intestiue warres in which it was almost impossible to gather counsels and to establish Lawes and gouernment as he speaketh And as it was in this south part of Britaine so was it likewise in the north as appereth by their Chronicles They had Kinges Priestes Nobles and Parlaments agreeable to the forme of gouernment of the moste auncient Kingdomes and to the Lawes of God written in Nature Scripture in this forme consisteth the estate of both the Kingdomes of great Britaine euen to this day And thus much concerning the principall persons whereof the body of our state did and doth consist the next thing to be considered is of thinges according to the proceedings of the institutes but because nothing can bee without a place and wee shall haue better occasion to speake of the diuision property and dominion of things heereafter I will therefore vnder correction intreate now somewhat of the auncient diuision of this Iland the common place subiect of our discourse and of the iudgements therein aunciently vsed Cap. 7. IT is thought by some that this Iland before the comming of the Romanes Camden was rude and barbarous by other that King Alfred was the diuider of this Iland into such Shires and porcions for so the word importeth as at this day we see But these two opinioÌ„s to be true ingeneral I caÌ„not yeeld for if I vnderstaÌ„d our stories it wil easily appeare that this laÌ„d was auncieÌ„tly loÌ„g before Alfreds time deuided almost into as many parts in like manner by the seueral families or nations of auÌ„cient Britaines which are thus reckoned by Hooker in his 2. Booke of the description of England Cap. 4. viz. Nonantae Selgonae Dannonij Gadeni Ottadeni Epdij Cerones Carmonacae Careni Cornubij Decantae Logi Mertae Macomagi Venicontes Texati Polij or Elgoni Brigantes Parisi Ordouici alias Ordoluci Câ—…tiâ—uchlani Coritani Trinobantes Demâ—te Cangi Silures Dobuni Atrebatij Cantij Regni Belgae Durotriges Giruij Ioeni Tegenes Cenimagni Segontiâ—ci Deiri Venedoti Bibroci with some other whome he and others name And of these some as Mr. Camden plainely sheweth possessed one Camden Britann others two or three of these Shires which now are knowne these nations of Britaines are in part named by Caesar others by Mr. Camden Polidore and others So that King Alfreds diuision seemeth not altogether new but rather a reuiuing and more exact description of the old And this is coÌ„firmed by the testimony of Polidore who in the lawes of Mulâ—â—tius maketh mention by name of Counties or Shires Or those Lawes more shall be said hereafter In the meane time it appeareth that this land was deuided into porcions or shares Higden Polichron HuntingdoÌ„ euen by the Britains There were also amongst those Britains euen before Luc us Caesars times diuers great Cityes wherof 28. are named by our Chronicles and some of theÌ„ by Caesar Iter Britan See the discription of England by Hookâ—r besides Townes and Castles innumerable as Huntington saith and as appeareth by the auncient Iter Brittanniarum described by the Romans which are no signes of a barbarous people For if ciuilitie take his name of a Citie or Citizen Cities Citizens caÌ„not be ruled without goodlawes the Britaines were ciuill and ruled with good Lawes which were Citizens of many great Cities And the inconstancy of Caesar and other Romanists is heere to bee noted which call the Britaines barbarous and yet confesse that they had many good Cities Kinges Nobles Gouernors discipline of warre and peace commerce and traficke with forraine Nations and al other parts ef ciuilitie And the question of Pâ—lidore is somewhat ridiculous wheÌ„ he asketh whether any man euer reade of Canterburie Bath Carleâ— or Lecester in Caesar Tacitus Straho or Ptolomy No gentle Mr. Polidore but in Caesar wee reade of the City of Trinobantes and of other Cities and of the Citie of the Brigantes Londinium Louentium Maridunum in Tacitus and Ptolomy your selfe confesse in the same book that it was a Law among the Britaines that the inner parts of the Iland should not be discouered to strangers As for the fastnesse of Cassibellan and the painting of their faces if the storie be wel examined circumstances compared it will easily be prooued that such thinges were not originally in the gouernement and maners of this our countrie but were the wilde fruites of long continued ciuill warres that raged amongst them proceeding of tirranies in their Princes superstition and Idolatry in their Priests rebellion sedition murders thefts adulteries and disobedience in the Subiects some of which thinges are to be gathered by the words
set downe Touching the Epistle it selfe it contayneth an answer to the demaund of King Lucius The demaund was to haue the Lawes of Rome and Caesar The answer consisteth of two partes a Rejection We may saith he alwaies reproue the Lawes of Rome Caesar but not the Lawes of God And an exhortatiō to take a Lawe for his Kingdome out of the Lawe of God This he inforceth with diuers reasons and sentences of Scripture which with an admirable consent do euery one proue each other and euery one the seuerall partes of the answer First you are Gods Vicar therfore you must rule by Gods Law not by Caesars The earth is the Lords therfore it must be ruled by the lawes of the Lord and not by Caesars God hath annoynted you to be King Caesar hath not annoynted you therefore c. O God giue thy judgements to the King therefore not Caesars what then would you doe being a godly Christian vpon the reading of such a Letter Let our most Christian King St. Edward giue vs counsel who in his Lawes Lāb Arch. taking the words of this Letter for his ground-worke saith thus Rex autem quia vicarius summi regis est ad hoc est constitutus vt regnum terrenum populum Domini super omnia sanctā tucatur Ecclesiam eius regat ab iniuriosis defendat maleficos ab ea euellat And a little after he sheweth how this may be done Debet vero Rex Deum timere super omnia diligere mandata eius per totum Regnū suum seruare Debet etiam sanctam Ecclesiam regni sui cum omni integritate libertate iuxta constitutiones patrum predecessorum seruare fouere manutenere regere contra inimicos defendere ita vt Deus prae caeteris honoretur prae oculis semper habeatur Debet etiam bonas eges consuctu dines approbatas erigere prauas autem delere omnes a regno deponere Debet iudicium rectum in regno facere iustitiā per consilium procerum regni sui tenere Thus saith St Edward but if the counsell of so excellent a King doe not resolue you yet in the mouth of two witnesses let euery word be confirmed and peruse the wordes of a most excellent Counsellor and Lawyer I say Bracton lib. 3. cap. 9. who there speaketh to the same effect Bracton grounding likewise vpō the same golden foundation Rex est Dei Minister Vicarius Potestas itaque sua iuris est non iniuriae Potestas autem iniuriae Diaboli est non Dei and so after to the like effect as St. Edward had spoken I think therefore there is no man but wil say that King Lucius did accordingly namely that according to the contents and directions receiued he did call a Counsel or Parlament a thing vsed in those times as I will shewe heer-after He did suruay the State and Lawes of his Kingdome that which was agreeable to Gods holy worde he did confirme and that which wanted he did newly enact Reasons perswading me to thinke that King Lucius did so are these First his Godly zeale which would neuer haue written to Rome for Lawes without a great desire to haue the best lawes to gouern his Kingdome and to my vnderstanding it is senceles and absurd to say that whē he had receiued an answer so good agreeable to his desire that he would leaue it vnfollowed and vnperformed It cannot be said that he wanted will seeing he sent for Lawes nor that he wanted time opportunitye power or consent of his Nobles or people seeing all or the most part yea the Druidae and Flamnies embraced Christian religion together with him Beda ponticus virum Polidor Monemuth as our Histories testifie and he ruled the Britains long time after in flourishing peace and tranquility Againe that he retayned some of the former Lawes the common opinion of those auncient Christians of the Primitiue age perswadeth me wherof I will speake more whē I come to K. Lucius his lawes Yet by the way one text will I cite out of Iunius Iun. in epistola ad Politiam Mos who saith that as long as Heathen Emperors Kings held the raines of gouernment the Christians gaue not their mindes to dispute the question of the vse and authoritie of Moses Lawes but when the State changed Christian Emperors were aduanced then those most sapient orthodoxall Fathers seeing it most expedient to turne about this world without any greater noise forbearing the troubles of secular affayres left the authoritie both of making lawes giuing iudgements to the ordinarie Magistrates but if any were instituted Contra Rectā Rationem quā in natura et scriptura explicauitus De against right good reasō which God in nature Scripture hath described that either with gentle calme admonitions they procured to be amended or patiently suffred if it were incurable least the whole common good which Augustin before called Peace should be stirred in hope of some particular For that many times the importunitie of men bringeth to passe whiles they seek to cure one euill they shake and weaken the publike estate In which wordes besides the point in hand is much to be obserued that nothing ought to bee in the Lawe against reason which is the vniuersall Maxim the maine foundation and as I may call it the abridgement of all our common Lawe which heere you see to be the rule of those auncient fathers and affirmed to haue been expressed by the Diuine wisdome of God in nature and Scripture This is it whereby all our questions and controuersies all our arguments and iudgements all our Statutes and customes are ruled and ouerruled enlarged and corrected But againe to our purpose St. Augustin speaketh much to the same effect De Ciuit. Dei lib. 19 C. 17. Haec ergo caelestis Ciuitas dum peregrinatur in terra c. This heauenly City whiles it is in Pilgrimage vpō earth calleth Citizens out of all nations and in all tongues assembleth a Pilgrime societie not regarding the manifold diuersities of manners Lawes and customes not repealing or destroying any of those thinges whereby the terrene peace so I reade is eyther procured or preserued but rather keeping and following that which although it be diuerse in diuerse nations yet still is intended to one and the same end of Terrene Peace so long as it is no hindrance of the Religion whereby the onely supreme and true God is taught to bee worshiped To the same effect he speaketh againe in the nineteene Chapter of the same booke These authorities therfore leade me to beleeue that King Lucius retayned such of the auncient institutions as were not Contra rectam rationem as Iunius saith quam in natura et scriptura explicauit Deus And that he did take some part of his Lawes out of the Scriptures is proued by the testimonies of our Chronicles compared with the
made vpon this priuiledge haue these words Contra Legem et consuetudinem Regn◠which for the most part is intended to be the moste auncient common Law yet if this interpretation be not accepted then take another collected vpon the auncient Lawes of the Saxons and the Norman They saie that the Church hath a priuiledge which they call Pacem and is vnderstood the Sanctuarie The foure waies haue a peace which is that all Nusances in them shall bee amended note the antiquitie of our Lawes of Nusanz But for markets and plowes no other priuiledge can be heard of but onely this wherof I haue spoken to be free from distresse which is still continued And this Polidor seemeth to say expounding the law of Mulmutius to bee that the beastes of the plow ought not to be led away for debt so long as the debtor had other goods Now if the Priuiledge from distresse was so auncient it must needes follow that distresses were much more aunciently in vse as I noted also before And from the vse of distresses by secundary conclusions and deductions of reason followed many Lawes amongst vs yet in cōmon practise as of Attornments Repleuies Auouries Tenures Seruices Quid Iuris clamat quem redditū reddit Per quae seruicia such like which by necessitie must be vnderstood where distresses are frequent and so much of the Mulmutian Lawe Now followeth of King Lucius Cap. 10. BY many steppes and degrees I am come to the Lucid starre of Britaine well deseruing that name for that in his time religiō Iustice gouernmēt begā to shine more brightly in this kingdō And in the history of him his succsseors the Readers may obserue three things First that this Nation aboue all Nations of the earth except the Hebrewes hath had most vertuous religious Godly Princes Secōdly that as our auncient lawes were moste righteous being deriued from the lawes of God written in nature So Lucius and his successors established onely such good and iust Lawes as were agreeable to Christianitie and deriued out of the Scriptures Thirdly that all calamities of this Land hath proceeded of publike notorious crimes against God and his seruants our good Princes and against religion and religious lawes Concerning Lucius himselfe I cited before the testimony of King Alfred a witnesse farre aboue all exception who saith directly and expresly in his Lawes that vpon the propagation of the Gospel when many men receiued the faith of Christ as well in England as in other regions certaine Synods aswel of Bishoppes as of other most noble wise men were gathered which appointed punishments for offendors And a little after these Sanctions or Lawes I Alfred King haue collected cōmitted to writing where he speaketh of certaine Sinodes of Bishops Noble wise men it must needes be meāt of Parlaments as we shewed before For wee reade of no generall counsell in Britaine and of Prouinciall Sinodes it cannot be intended where hee saith that they were gathered vpon the propagation of the Gospell he signifieth the time of King Lucius Beda L. 1. when the Gospell was first publikely receaued in this Land For it cannot bee vnderstood of the Christian Saxons for of them he speaketh by name afterwards saying that he vsed choice and iudgement in refusing some of their lawes and taking others whereof I inferre first that those words before were meant of the first Christian Britaines whom he nameth not because they were enemies to the Saxōs Secōdly that those British lawes were more sincere agreeable to Godlynes then the Saxon. Thirdly that those sanctions by him collected are some of the auncient common Lawes which yet remaine for that we finde no other collection of Lawes made by him But this all Histories testifie that he translated into Saxon the same which Gildas turned into Latin that the same were gathered into our common Law by St. Edward and called Saint Edwards lawes Besides it cannot be sayd that these good lawes were made by any other but onely by Lucius for neither was any other of the Britaine Princes so Godly religious as he neither had any of his successors such peaceable possessiō of the Land or conueniency to make lawes as he had For immediately after his death and continually till the Saxons time the whole state trauelled with forein and intestine enemies Lastly the testimony of Polidore confirmeth this Pol. Virg who giueth this moste honorable testimonie of King Lucius that he left his kingdome aswell Optimis institutis prouectum aduaunced or amended with the best institutions or Lawes as diuina religione auctum so that without question it is that he made some of our Lawes But particularly which of these lawes or institutions now extant were enacted by Lucius it is hard to say yet to speake my opinion I think first our Lawes of fines and amercements was established in his time For so saith Alfred that those first Christian Parlaments consisting of Bishops most noble wise men being taught by the mercifulnesse of Christ did appoint for euerie first offender a pecuniary paine where you see not onely the thing but almost the verie name of Misericordia which is vsed to this day in amercenents and is afterwards frequently vsed in the Saxon and Norman Lawes and this was for smaller offences But for the greatest the words of Alfred goe further saying of the same first Christiās Proditori tantummodo ac Dommim defertori hanc initiorem paenam haud infligendam existimarunt quippe qui eiusmodi viro minime parcendum censuerunt tum quod Deus contemptores sui omni miseratione indignos voluit tum quod Christus illorum qui ei mortem obtulerunt non est omnino misertus Where you see that by the testimonie of Alfred they tooke the president of their Law against Treason Lamb. Arc. from the examples of Christ and of God What was that Lawe It followeth afterwards In leg Alf. Cap. 4 Qui capiti et saluti Regis perfidiose infidiabitur vita et fortunis eius omnibus priuator that the Traytor should forfeit life Lands and goods Actes 1. So was Iudas punished and that punishment Elfredus felt being conuicted of treason in the daies of King Athelstane as appeareth by the said Kings Charter Fox in men recited by Mr. Fox here also appeareth not onely the Eschet which you see is expressely set downe in the words but also trialls for it would be iniurious vaine to set downe a punishment for offences and not set downe a course how the offender might be cleered or condemned and it is moste vnlikely that King Lucius and those first Christians wold imitate God and Christ in seueritie of punishment and not much more studie to imitate him in the Iustice sinceritie of their Trialles Therfore I think that the same Lucius ordeyned our Tryals by twelue that according to the example of Christ For that it is agreeable to the Scriptures
of the manifold calamities sent by Almighty God the most iust seuere judge at sūdry times vpō this Realm namely the suppressing and consequentlye the violation of this his Couenant of these our auncient lawes and of the law of God wherevpon they are founded by the predominant violēce of Idolatry superstitiō iniustice vncleannesse Breach of faith and loialtye both before the Norman and sithence If it be not so peruse the Particulars that the holy Gildas and aftter him the learned Sir Iohn Prise obiecteth against the first Fritains that the reuerend Bede and Geffery of Monmouth vrge against the second age that Maister Camden other Chronicles but specially Maister Fox collecteth against the Saxons that are at large described in the times of King Iohn King Henry the sixth who suffered themselues and these lawes to bee ouerswaied by the supreheminence of Rome of the cōtrary side if we cōsider the best meanes to establish the perpetuall vnitie and felicity of these two mightie nations now againe reunited we shall finde it to consist principally in conforming them both as much as may bee to the lawes of that God of vnitie which ordeyned the auncient Lawes of both kingdomes to be very like almost the same as I haue shewed For what Kings haue reigned in more magnificence and glory then the Britaine Princes instiled by Elutherius the Vicars of God in their kingdome then the Saxon Princes indowed by Beda with the Title of Christianissimi thē the Normans which haue moste mainteyned these Lawes most opposed themselues against the vsurping power of the forraine Prelate namely Edward the 1. the 3. and the 6. Henry the 7. and the eight acknowledged by the enemie of our faith to bee defender of the faith the late most of all excellent Elizabeth which was blessed with a kingdōe longer then the raignes often that cursed her And now the no lesse excellent Maiesty of K. Iames the true heyre aswell of the goodnesse as of the greatnesse of his Predecessors And who haue fallen into greater miseries then those that beeing inuested with such magnificent Titles by right haue suffered others to take their Titles authoritie by vsurpation of whose Calamities because my heart doth tremble to thinke I will forbeare my pen to write Yet by this we see how God hath fed and directed vs with the staffe of Beautie Zach. 11. and with the staffe of Bandes but now hee will breake his staffe of beautie to disanull his couenant made with all people and hee will breake his staffe of bādes to dissolue the Brotherhood between Iuda Israell except we repēt of our manifold sinnes I will therefore conclude with the Godly words of one of our famous and learned Iudges Bracton Bractō L. 1 and one of our vertuous and Heroical Kings Canutus The first taking his ground out of the many times remembred and neuer to bee forgotten Epistle of Elutherius saith thus Rex non debet esse sub homine sed sub deo et Lege ad similitudinem Iesu Christi cuius vices gerit Brvctō li. 1. And againe Iudges doe sit in the seate of the K. himself as in the throane of God insteed of the K. as insteed of Iesus Christ For the K. is the Vicar Lieftenant of God iudgemēts are not the iudgements of men but of God and therefore it is said that the heart of the King is in the hād of God And a little after into the seate therefore of judgement which is as the Throne of the Diuine Maiestie let no man vnwise or vnlearned presume to ascend least hee turne light into darkenesse and darkenesse into light and least with an ignorant hād like a mad man he strike the innocent spare the offender and least he fall from aboue as from the Tribunall of God by attempting to flye without winges to support him And when any mā is to judge or to be made a judge let him take heed lest by iudging peruersly and against the Lawes for request or reward or a litle temporall comoditie He purchase to himselfe sorrow griefe eternall and least in the daie of Gods wrath he feele him to be a iust reuenger who hath said To me vengeance I wil recompence when the Kings Princes of the earth shal weepe lamēt at the sight of the Sonne of man for the terror of his iudgemēts from which neither gold nor siluer can deliuer them Who will not be affraid of that feareful trial where the Lord himselfe shall be accuser aduocate and iudge from whose sentēce none cā appeale For the Father hath giuē al iudgemēt to the son who shutteth no mā openeth openeth no man shutteth O strict seuere iudgment wherin mē shal giue account not onely of their actions but of euery idle word that they haue spoken who shall escape from that anger to come When the Sonne of man shal send his Angels which shal gather out of Gods kingdom euerie scandal those that doe iniquitie of them shall make faggots to burne and cast them into the furnace of fire where there shall be weeping and gnashing of teeth Without question God is a Iealous God and whosoeuer taketh his Couenant his oathe his name in vaine hee shall smart for it he shall smart Lamb. Arc. Now therefore saith Canutus in the conclusion of his Lawes I beseech all men in generall and commaund euerie man in particular in the name of the immortall God that sincerely withall their hearts they turne to God and withall care and diligence search what is to be done and what it is to bee auoided as it is a thing most conueniēt for our saluation that we loue God keepe his commaundements giue diligent heed to the words of his messengers For they shall produce vs before his sight in the day wherein the Lord shall come to iudge euery man according to his workes Then happie shall that keeper bee that shall bring the flocke committed vnto him into the ioyes of heauen by the paines that he hath takē vpon earth And blessed shall bee the flocke that followed such a shephard which hath pulled thē from the pawes of the Deuill and commended them as a purchase vnto God Therefore let vs all in concord and vnitie studdie to please God and fly from the fearefull torments of his wrath iudgement Let the Preachers and Ministers of Gods word as it is their charge and needefull to all mens saluation oftentimes preach the glory ioyes of Gods kingdome and let all men with diligent serious and attentiue eares and mindes heare and obserue them yea let them beare the commaundements of God alwaies imprinted and infixed in their hearts To conclude euerie man for the greater aduauncement of the diuine glorie both in word and deed Godly and cheerefully apply himselfe to doe well by what meanes soeuer they may So at length in the end we all aboundantly shall obtaine his gracious mercy Blessed be the name of the Lord to him bee honor praise and glorie from this time foorth for euermore Deus non deseret