corruption nor any sinister affection to deviate and wander out of the high-way of Iustice and Iudge perversly Qui nec as Bracton adviseâ—h ad dextram nec ad sinistram vel propter prosperitatem terrenam vel adversitatis metum a tramite Iustitiae declinent 4 Fertitudine animi He must not be daunted neither by threats nor feare nor overswayed by the Landlord himself either in the electing of officers a thing too frequent or in any other thing that may concerne the due administration of his office A Steward being thus indowed adorned and qualified with those morall and judiciall vertues and properties is the fitter to undergoe the burden of that authoritie where with hee is intrusted by the Lawes of the Realme From his qualities I will passe unto his authoritie The Authority of a Steward in Leets A Leet is a Court of Record The Steward is Iudge and hath a double power 1. of election of officers 2 of Coertion or punition of offenders In the latter viz punition there is a double act to be respected 1. Actus Curiae 2. Actus Patriae the act of the Court and the Act of the Iury or Countrey These two doe meete with two sorts of offences or misdemeanors by two sorts of remedies 1 Fyne 2 Amerciament the one sort of offences are Extra Curiam the other in Curia 1 Extra Curiam Coili 8 so 38. Grisleys Case of those which are extrinsecall offences The Iurors and officers sworne to present who ought also to have the foure properties of Iethros counsell have peculiar cognizance and therefore power to present them and to assesse amerciaments for them 2 In Curia being the second sort which are offences either in omitting or neglecting a dutie injoyned and to be performed by Constables Bayliffes Jurors or ministers of Iustice or in committing some contempt and disorder in the face of the Court by any officer or suitor The Steward hath cognizance and may punish it by fine without inquirie by the Countrie 1 As if a Bayliffe refuse in Court to execute his office 7 H. 6.12 b. 2 Or if a Tethingman refuse to make a presentment in the Leete 10. H. 6.7 3 Or if any of the Iury in a Leet depart without giving his verdict 4 Or if any suitor or other person doth misdemeane himselfe either in word or deed 5 Or if any inquest refuse to present in a Leet such defaults as they have information of 10 Ed. 3. fo 4. The Steward hath power in these and the like Cases to impose a reasonable Fyne and such fyne is not affereable nor traversable 10. H. 6. fo 8. 6 He hath power by severall Statutes in severall cases to impannell a second Iury to inquire of the defaults and concealements of the first jurie and to fine them for their offence 7 A Steward may by paroll command a Bailiffe to make distresse 16 H. 7 fo 14. 8 In every Leete the Lord of the libertie hath but the amerciaments the Court is the Kings and therefore the Steward doth represent the person of the King 41 Edward 3 fo 31. 9 A Steward for default of resiants may compell a Stranger comming within the view to be of the inquest The remedies for recoverie of Fynes and Amerciaments in a Leete AS in a Leete there is a twofold remedie according to the nature and qualitie of the offences viz. 1 Fine 2 Amerciament So there is in the Law a twofold way or meane respectively to recover and obtaine that remedie for the benefit of the Lord of the libertie 1 Either by action of debt against the offenders fined by the Steward or pained and amerced by the Iurie 2 Or by distresse of his or their goods or cattell in some cases upon their land Bro. Leet 7. though the goods of another man in other cases by distreining the offenders proper goods in any place within the precincts of the Leete If a paine be imposed in a Leet upon any person for redressing or removing of a nusance by a day sub poena 10. lib. And the non fe saunce therof be afterwards presented and the paine thereby becomes forfeited this is a good presentment and the paine shall not be otherwise affered and the Lord shall clearly have an action of debt 23 H. 8. And the reason why such a paine is not afferable is For that the word afferre is as much as to say to taxe or to assesse ponere in certitudinem or taxare and a paine for not doing or not removing of a thing by a day is upon a presentment of a non fezance by a Iury an immediate taxation and a certitude of assessment by the Countrie and therefore needs not further or otherwise poni in certitudinem In the case of assessment of a fyne by a Steward upon a tethingman who would not present at a Leet â—o Leet 36. The Lord may bring an action of debt and if the Defendant tender the wager of Law it was optima opinio that a wager of law did notlye in that case for that the Leet was a court of Record 10. H. 6.7 As in these and other paines and fynes of like nature in a Leet an action of debt doth lye Co. li. 1. so 42. so also for them and for all amerciaments in a Leet distresse is incident of common right that is by the Common Law a Lord may destreyne the goods of the delinquent In Grislies case Co. l. 8. so 38. Trin. 30. Eliz. where doubt was made whether a Lord of a libertie might distreyne of common right for a fyne imposed in a Leete by a Steward for contempts and misdemeanors It was resolved that if for lesser things S. for amerciaments of offences extra curiam distresse was incident of common right by an argument a fortiori in a case of Fynes imposed for offences committed in the same court distresse shall be incident For Quod licitum est prominore pro majore licitum est And nothing is more naturall to be punished by a Court than offences committed in the same Court. And it were a hard thing to drive a Lord to his action of debt for every pettie fyne or paine and in case the Lord doe distreine hee may sell the distresse or put the same in pound at his pleasure For the place of distresse whether upon the offenders lands within the view or upon his goods in any place within the precinct of the Leet may arise a question which was resolved 2 Hen. 4.24 Bro. Leet 28. That for amerciaments in a Leet or Handred a man may distreyne the beasts of the offenders in any place within the precinct of the Leet or Hundred and a fortiori as is before for fines and pains in a Leet The Lord may distreyne in the high-way for an amerciament in the Leet 34. Ed. 2.19 Edw. 2. Or the goods of the offender in the custodie of another man 47 Ed. 3 fo 12. Krenebyes case And the reason
for that the offence doth arise upon the person of the offender and ought to be estreated upon his person and not upon the issues of his lands 41 Ed. 3.26 In some cases the distresse may be of another mans goods upon the lands of the amercee As if a man do hold lands of a Leet by the service of Cryer of the Court or the like and is amercied for neglecting of his service A Lord may distreyne the beasts of any other upon the land so holden 47 Edward 3 folio 13.12 Henry 7.15 And the reason for that the offence doth arise ratione tenurae or soli 41 Edward 3.26 Certaine Cautions in the taking of Distresses A Lord cannot distreyn for amerciament in a Leet in any lands seised in the Kings hands for the Kings debt for that the place is priviledged and the right of distresse suspended for that time for as the King cannot bee amercied so by consequence his lands are out of the Iurisdiction of a Leet Bro. Leet 8. and the distresse tortious and so was the opinion of Finchden in the Case of Sudbury Bishop of London upon a Replevin inter Norwiche Manley 47 Edward 3.13 He cannot distreine the Horse of a stranger in the Stable or osterie of the partie amercied nor the garment of another in a Taylors shop where the Taylor is amercied and so was the opinion of Keble 10 Henry 7.21 If upon a distresse taken the amerciament fyne or other duetie bee tendred and satisfaction offered it ought to be accepted Bro. Distresse 8. and in case it be refused and the distreynee put to a Replevin the Lord shall not have retourne For a distresse is but a gage or pledge for a duetie which being offered the Lord ought to deliver the gage A Lord may not distreyne a milstone parcell of a mill nor doores nor windowes nor any thing that is fixt unto or parcell of a freehold 14 Henry 8.25 The distresse ought not to be excessive for excessive distresse is forbidden by the common law 41 Edward 3 folio 26. As for the amerciament of two shillings or such like to take two or three Horses were outragious and excessive The last act or period of proceedings in a Court Leete is afferment AFferement is as much as ponere in certitudinem seu taxare to assesse or taxe derived from the French word The Subject of this Act is called amerciament in latine misericordia and it is described by an ancient writer Glanvill lib. 9. cap. 11 in this wise Est autem misericordia Domini Regis quâ quis per juramentum legalium hominum de vicineto eatenus amerciandus est ne aliquid de suo honorabili contenemento amittat And by the Statutes of Magna Charta cap. 15 and Westm 10.6 Liber homo non amercietur c. nisi per sacramentum parium suorum viz. proborum legalium hominum de vicineto qui facultatum suarum noticiam habeant pleniorem as it is recited by Fleta lib. 1. cap. 48. That is Amerciaments are to be assessed by the oath of equals good and lawfull men of the vicinage or neighbourhood who have the better knowledge of the estate and abilities of the Amercees The parties to this act are the Steward and the Countrey or pares And these pares or probi homines are according to moderne practice chosen at the Leet out of the Iury by the steward to taxe and afferre the amerciaments indifferently not to wrong any for hatred nor to spare any for favour c. which oath by Bracton lib. 3. cap. 1. fo 116. is thus declared Et ad hoc fideliter faciendum speaking before Ad hoc videndum qualiter quis sit amerciandus c. affidabunt amerciatores quod neminem gravabunt per odium nec alicui deferent propter amorem Et quod celabunt ea quae audiverunt 38 Edward 3 fo 3.9 As if one be amercied upon a presentment in a Leete for not repairing a bridge or a highway The manner of entry up on the Court booke and Rolles must bee Ideo in mia et amerciamentum inde afferatur per afferatores in eadem Curia ad tunc electos et juratos ad 20s. Rastall intrat tit trus in Amerciam 2. So that the Steward cannot taxe or afferre an amerciament upon the presentment of a Iury if he doe it is void in law and lyeth not against the partie amerced The Steward as only to record and enroll the Amerciaments afferred and truly and justly to estreate them to the Bailiffe of the Manour to be by him distreyned for and levied for the use and benefit of the Lord. This last Act of Taxation and recording thereof doth determine the judiciall part of a Court leet and after judgement must follow execution wherein the life and vigour of all lawes doe depend The ministeriall part of a Court Leete in the levieing of fines and amerciaments assessed THis part or act hath a double relation 1 To the Lord 2 To the Bayliffe The Court is the Kings but the emergent profits formerly described by two remedies S. 1 Fine 2 Amerciament belongs to the Lord and for that they doe arise out of offences which concerne the King and Common weale the Lord is bound both in Law and conscience not to bee too prone in remitting of them especially in those cases which concerne the King immediately as in his prerogative touching the oath of legiance or immediately in regard of the Common wealth whereof the King is caput et custos as touching fines upon delinquent Officers and Ministers Amerciaments in cases of common Barretors Drunkards false and double Weights and Measures deceits and corruptions in Victuallers Tradesmen and Artificers and such like enormious offences which in their qualitie are exemplary and have generally an interest in the publike calamities of Church and State As also in Amerciaments for not repairing of Bridges Causies Highwayes and many more of that nature hereafter insuing in the second part of this Tract which ratione communis nocumenti deserve no manner of favour or indulgence The best excuse that a Lord can plead for himselfe in such cases of remission of amerciaments is but misericordia And that excuse is taken away by a former act of mercy and moderation in the afferors or equals who being astrict by a solemne oath quod neminem gravabunt c. That they should neither surcharge for hatred nor detract or diminish for favour The law presumes That as they ought so they did assesse them mercifully and after a solemne and judiciall mercy Non opus est extrajudiciali misericordia 2 The second relation concernes the Bailiffe who must be true faithfull and vigilant observing the Cautions before prescribed in levying of distresses Hee must not bee exoculated with common rurall bribes Bacon Cheese c. as that he cannot see a Iury man in his right place to returne nor any goods or catsell to distreine his office is also
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 fee and the reason why he was not to be convicted in his life time because it was presumed that hee might repent and forsake the sinne before his death which if he did he was then freed from the mulct of the Law and so it is rendred in the same tract Sciendum tamen quod si quis aliquo tempere usurarius fuerit in vita sua super hoc in patria publicè defamatus Si tamen a delicto suo ante mortem suam destiterit penitentiam egerit post mortem ipsius ille vel res suae lege usurarii minime sensebuntur And li. 10. ca. 3. He defynes what a Vsurer is one that taketh more than his owne Si quis aliquid crediderit si plus eo receperit usuram facit This Law had its propagation from the confirmation of the Mosaicall law by king Alfred Exod. 22. vers 25. Lamb. Arch. fo 23. Si pecuniam mutuam dederis populo meo pauperi qui habitat tecum non urgebis eum quasi exactor nec usuris opprimes It seemes by the Statute de Iudaismo made An Dom. 1289. 16 Ed. 1. That the dispersed Iewes who then much infested this Kingdom were the first introductors of this sinne and the only usurers of this Kingdome whereby his Majesties leige people received much mischiefe and disinherison and many offences arose and therfore for the honour of God and common profit of his people it was ordained That no Iew should from thence forth take any thing to usurie of any Christian upon any Lands Rents or other things and if any Iew did offend against that ordinance he should lose his loane be punished at the Kings pleasure and the Christian should recover his gage viz. his lands rents or other things This Iewish leprosie had so spread it selfe in this Kingdome that it grew even excessive amongst Christians for redresse whereof it was provided 3. Hen. 7.6 That all unlawfull chevisance and usurie should be extirpate and Brokers of such bargaines should be set on the pillory be halfe a yeare imprisoned and pay twenty pound That Statute and an other of 11 H. 7.8 were repealed by 37. Hen. 8. ca. 9. And provision made that no person by any covin engin or other deceiptfull way should take above ten pounds in the hundred interest for one whole yeare upon paine to forfeit the treble value of the wares marchandizes and other things so bargained c. imprisonment of bodie and fyne and ransome at the Kings pleasure This Statute being repealed 5. Ed. 6.20 was fully revived 13. Eliz. ca. 8. And further enacted that all bonds contracts and assurances collaterall or other to be made for payment of any thing reserved above the rate of 10. pound in the hundred should be utterly void and all Brokers sollicitors and drivers of usurious bargaines above that rate to be judged punished and used as Counsellors Attourneys or Advocates in any case of Praemunire And for that all usurie being forbidden by the Law of God is sinne and detestable It was further enacted That in all usurie loan and forbearing of mony at 10 pound in the hundred and under the offender should forfeit so much as shall be reserved over and above the principall to be recovered and imployed as is limited for forfeitures by the Statute of 37. H. 8. And not to be punished by the Ecclesiasticall law or otherwise This law was made perpetuall by the Statute of 39. Eliâ— 18. The Statute of 21 Iac. cap. 17. which by 3. Car. cap. 4. is made perpetuall 11 Iac. ca. 7 doth restraine the taking of any more than after the rate of 8. in the hundred for one whole yeare under paine of forfeiture of the treble value of the monies wares c. and all bonds contracts and assurances to be void The Scriveners Brokers Drivers and Sollicitors to forfeit 20 pound and imprisonment for halfe a yeare if they take above 5. shillings for the procuring or driving the loane or forbearing the same lent after the rate of an hundred pound for one yeare or above 12 pence for making or renewing the bond These two last mentioned Statutes doe respectively stand and remaine in their proper and peculiar force according to their severall restrictions and limitations yet none of them doe abrogate the inquirie of it as an offence of the common Law in the Sheriffes Tourne or Court Leet but the Steward cannot inquire nor inflict the forfeitures limited by the Statutes because thereby no power is given unto him Forestallers IF any buy or cause to be bought any marchandize victuall or other thing comming by land or water towards any faire or market to be sold in the same or toward any Citie Port Haven Creeke or rode of this Realme or Wales from any part beyond the Sea to bee sold Or shall make any bargaine contract or promise for the having or buying of the same or any part thereof before it shall bee in the market faire citie port c. ready to be sold Or shall make any motion by word letter message or otherwise to any person for inhaunsing the price or dearer telling of any of the said things Or else diswade move or stirre any person comming to the market or faire to forbeare the bringing of any of the things to any faire market cuie c. to be sold shall bee judged a Forestaller Regrator IF any shall Regrate or get into his possession in any faire or marked any Corne Wine Fish Butter Cheese Candles Fallow Sheep Lambes Calves Swine Pigs Geese Capons Hens Chickens Pidgeons Conies or other dead victuals whatsoever that shall be brought thither to be sold and doth sel the same againe in any faire or market holden in the same place or in any other faire or market within foure miles thereof shall be reputed a Regrator Ingrosser IF any get into his hands by buying contracting or promise taking other than by demise grant or lease of Land or tythe any corn growing in the siâ—lâ—s or any other corne butter cheese fish or other dead victuall within England to the intent to sell the same againe shall be taken an unlawfull Ingrosser They are all linked together in this Statute and the punishment of them equall viz. 1. Offence imprisonment for two moneths without basle and forfeiture of the value of the goods bought c. 2. Imprisonment for one halfe yeare and lose the doable value of the goods c. 3. Offence pillorie in the place where hee dwels forfeiture of all his goods and cattell which he hath to his own use and imprisonment during the kings pleasure By this Statute no expresse power is given to Leets to inquire of these offences or any of them whereupon much doubt hath arisen and much neglect insued in not charging the suitors to present the offenders and forestallers and Regrators at Tournes and Leets the rather for that M. Kitchin in his booke of that subject and in the particulars
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
in the multitude of counsellors there is safetic Prov. 11.14 Every purpose is established by counsell and with good advice make warre Prov. 30.18 Moses had Iethro and Aaron Ioshua the sonne of Nun his successor Caleb and Eleazar the high priest for his privie counsellors David had his succession of counsellors Samuell the prophet Ionathan whose love to him was wonderfull Abiathar the priest and Nathan also a prophet with many others To return to our owne nation king Ine had his Cinredus whom hee calls his father Hedda and Erkenwald his bishops with many others Alfred had his Plegmund Archbishop of Canterbury Werefridus Bishop of Worcester and others Athelstane edicted his lawes Ex prudenti Vlfhelmae Archiepiscopi aliorumque Episcoporum consilio by the counsell of his Archb. and other Bishops and so successively the kings of England ever had as before their privie counsell such and so many as the prince shall think good who doe consult daily or when neede is of the weighty matters of the Realme to give therein to their prince the best advice they can The prince doth participate to them all or so many of them as he shall thinke fit such legations and messages as come from forraigne princes such letters or occurrents as be sent to himselfe or his secretaries every Counsellor hath a particular oath of faith and secrecy administred to him before hee bee admitted a privie counsellor To shew the extraordinary regard and royall use of the kings counsell The regard â— the Privie counsell Let us looke backe upon the case of 5. Hen. 4. upon an agreement for an exchange had for the Castle of Barwick between the king and the Earl of Northumberland wherein the king promised to deliver the Earle lands and tenements to the value of that Castle by these words per avise assent des estates de son Realme son Parliament c. By the advice and assent of the estates of his Realm So as the Parliament be before the feast of S. Luke or otherwise by the assent of his great Counsell and other estates of his Realme whom the king shall assemble before the said Feast in case there be no parliament before c. as by the instrument thereof dated at Lichfield 27. Aug. 5. Hen. 4. remaining in the Tower may appeare To this counsell the Oracles of the Common law the grave and reverend Judges Leges loquentes Reipublicae God grant in all Successions they may be so have had their resort from time to time in all ages for advice and directions in their proceedings aswell in criminall causes as in matters of right and propertie as it was observed by the learned Lord Chancellor I will touch but two which are cited by that honourable Judge in cases of propertie Thomas Vghtred Knight brought a Forme-don against a poore man and his wife They came and yeelded to the demandant which seemed suspicious to the Court the matter being examined judgement was stayed because it was suspicious And Thorp said that in like case of Giles Blacket it was spoken of in Parliament And faith he wee were commanded that when any like case should come we should not goe to judgement without good advice wherefore sue to the councell and as they will have â—s to doe we will and otherwise not in this case 2. Greene and Thorpe were sent by the Judges to the Kings Councell where there were twentie foure Bishops and Earls to demand their advice touching the amendment of a writ upon the Statute of 14. Ed. 3. cap. 6. which was an Act made for amending of Records defective by misprision of Clerks By the advice and assent of this Councell is that great and common Councel solemnly called The forme of the writ of Summons to the Sheriffe followeth in these words Rex viz. S. c. Quia sie avisamento assensu Concilii nostri pro quibusdam arduis urgentibus negotiis nos Statum defensionem Regni nostri Angliae Ecclesiae Anglicanae concernentibus quoddam Parliamentum nostrum apud Civitatem nostram W. c. teneri ordinavimus Et ibidem cum praelatis Magnatibus et Proceribus dicti Regni nostri colloquium habere et tractare Tibi c. wherein these things are worthy observation 1 That this great Court is assembled by the power of the King expressed in his writ under his great Seale with Teste meipso 2 This power is extended with the advice and assent of his Right Honourable privie councell His grace favour and providence by calling a Parliament to parlee and treat with his Lords spirituall and temporall as also with his commons who by their Knights Citizens and Burgesses as their respective proxies elected by and with the popular suffrage of the Freemen of every Countie Citie Towne or Borough do make up the body of that great court and doe there meet to yeeld and consent unto such matters as shall be there treated and established 4 The subject of a treatie or parliament That is certaine difficult and urgent occasions concerning his Majestie his royall state and the defence of his kingdome and Church This high court consisteth of two honses The higher or upper where the King and his Barony or Nobilitie spirituall and temporal do take their place And the lower house where the Knights Citizens and Burgesses are assembled for the Commons consisting when M. Crompton wrote his jurisdiction of Courts of 439. persons The King had the only power to appoint it his gracious favour is to give life and beginning to it by his owne personall accesse in most Royall state And as sinis coronal opus hee crowneth and perfecteth all the Acts of this great assembly with his Royall assent without which no bill can passe nor law be made Though there bee no written Acts of parliament extant before the raigne of Henry the third yet some have sollicitously laboured to draw the Antiquitie of this thrice excellent court of Parliament from King Arthurs time to king Ine Offa Ethelred Alfred and others before the Conquer our with a successorie continuance untill this Present age and collected and inferred that the words used by K. Inas in the proem of his laws exhortatione c. Omnium Aldermannorum mcor'um seniorum sapientum Regni mei And the like words of Offa and other kings in the time of the heptarchie and that the words of Conventus sapientum used by King Edward the sonne of Alfred the words of Conventus omnium Nobilinm sapientum used by King Athelftane cum consilio sapientum used by king Edgar Haec instituerunt Rex sapientes mentioned of King Ethelred and the like of other Kings should include the Lords and Commons of the parliament whether this most eminent Court were in those ancient dayes assembled and exercized in that manner as now it is dubium est dubitare liceat doubtfullnesse is a fluctuation of the minde which in historicall matters of indifferencie that concerne