fatherly age wherein the Law of nature was with great wisdome obserued Gene. 23 For if you compare it to the assurance of Abraham you shall finde like precisenes of words I giue thee saith Ephron which is euer was our auncient word Do or Dedi Like descriptioÌ„ of things The field of Ephron in Machâ—clah ouer against Mamre the field and the Caue and al the trees c like assistance of witnesses in the presence of my people and that was also our manner euen before the Norman conquest and I can finde no beginning vnlesse I bring it to those auncient times Our word of inheritance heires that therby th' eldest Sonne shold inherite is eyther taken from the same lawe of nature and examples of the Patriarkes as Sem was heire of Noah and Iaphet was appointed to dwell in his tents God saith to AbrahaÌ„ Izhak shal be thine heire Izhak made Iacob his heire Ierim 49.1 Claime is made to some part of the LaÌ„d of Israel in the name of Israels heires Or else it was instituted by K. Lucius after the exaÌ„ple of God himselfe who made Christ the Lord heire of all things Hebr. 1.2 and adopteth vs in parte onely to be heires with him Lastly also the manner of our succession by inheritaÌ„ce how one heir is to take after an other as they are in degrees of proximitie Report 3. is by the moste exacte reporter of our Lawes Sr. Edward Cooke his maiesties Atturnie general collected and declared vpon the judgement of God in the case of Salphahads daughters Numb 27 cyted in Ratcliffes case where he also obserueth that in this point as almost in all others the common lawe is founded vpon the Law of God And this our maner of conueyance and limitation of inheritance I haue not read of in any other nation neither can finde any other beginning for it For other conueyances I finde a patent of King Arthur the worthy and another of one K. Kenwalchius both recited in a Patent of King Henry the second made to the Monastery of Glassenbury as I learne of Sir Iohn Prise Desensio Histor Brit who setteth downe words of King Henries Patent as I wold King Henrie had done of the other Also there are many other auncient Charters yet to bee seene of manors landes and liberties graunted to Abbeyes Churches other Religious houses long before the Conquest as of King Kenredus to the Abbey of Euesham of others to the Cathedrall Churches of Landaffe St. Dauies c. But of all other moste excellent is the Patent procured by Turketulus Lord Chancellor Lord of threescore Manors who surrendred them all to King Eared and obtained sixe Manors which are also named by Ingulfus to bee graunted to the Abbye of Croyland together with many auncient Customes and new liberties by which may be vnderstood the vse of the Common lawe then and long before Concerning also the Maner of suites in Law taking distresses or pledges that the defendaÌ„t shold finde sureties or mainpernors a thing verie auncient wherof we reade in the lawes of King Ina Lamb. Arc. yet continuing amongst vs I finde some such matter noted by Iob where hee speaketh of taking pledges Iob. 17.3 et 24.3 et 9. and desireth that God would put in suretie to answere him Also the particular Lawes of distresses doe prooue that they are taken out of the word of God For by the coÌ„mon Law no man may distreine a Millstone Deut. 24. a thing specially prouided by God himselfe Our auncient kindes of punnishments as by imprisonments Fetters Stocks c are named likewise in seueral places by Iob. Capitall executions are deriued from the Law giuen to Noah whosoeuer sheddeth mans blood Gen. 9.6 by man shall his blood bee shed Lastly our punishment by vtlary seemeth to be most auncient of the same beginning for take Bracttons description of vtlary and compare it with the words of Caesar and both with some passages of Scripture and you shall finde them agree very neere together Bracton thus describeth the forfeiture of vtlary Forisfacit patriam et regnum et exul efficitur Bracton et talem vocant Augli vt lagh et alio nomine vocari antiquitus solet Friendlesinan et sic videtur Forisfacere amicos Si quis cum eo communicauerit aliquid eadem paena pumendus est Caput gerit Lupinum And so foorth at large which Mr. Stanford thus briefly comprehendeth Stant L. 3. The out lawe forfeiteth his countrie his friends his peace his law his right and his possession which is true euerie way but to bee vnderstood according to the seuerall natures of vtlaries that are amongst vs. Now Caesar of the Druidae saith thus Caesar Si quis eorum decreto non stetit sacrficijs interdicunt Haec paena apud eos est grauissima Quibus ita est interdictum ij numero impiorum et sceleratorum habentur ab ijs omnes decedunt aditum eorum sermonemque diffugiunt ne quid ex contagione incommodi accipiant Neque ijs petentibus ius redditur neque honos vllus communicatur Conferre this with the senteÌ„ce pronounced against Cain Thou art cursed from the earth Genes 4. when thou tillist the ground it shall not yeeld her strength to thee a vagabond and a runnagate shalt thou be in the earth Thus he forfeited his Countrie and his possessioÌ„s the profits of his labour of his grouÌ„d his friendes and his peace And this is the nature of our vtlary vsed to this day in capitall offences but in lesser contempts more easye and tollerable Now of these thinges before described haue consequently followed all our proceedings aswell in Real as in personall actions for the proces of distresse in the parsonall was but the taking of pledges of the defendant for apparance and the processe by Cape in the Real was but the seising of the Land for a surety to the same prepose from whence also many other secundarie conclusions of reason haue necessarilye ensued as the returne and losse of Issues defaults conteÌ„pts forfeitures c. Further in our Chronicles wee reade of Lords tennants in the daies of Gorbonian the good Galfrid moÌ„ and of fealtie sworne to the Prince in the time of Elidurus the godly Pontic viruÌ„ which of necessitie were accompained with tenures seruices distresses and such like And thus much be spoken of the auncient visible footesteppes of the lawe of nature which were before Lucius Of which you may reade also in the learned discourse of the aboue named Sir Edward Cooke before the third Booke of his Reportes where he citeth the sentence of Caesar saying that the discipline of the Druidae was found out in Britannia and that we had some formes of proceeding from the Greek which may well bee but you see the grounds and beginnings are much more apparant to bee seene in the records of that
Epistle doth require that before I enter into the discourse of our auncient Britaine lawes I speake somewhat concerning the Romane Lawes that it may appeare that neither the reuerend Elutherius was deceiued in judgement nor the Godly Lucius in his choise nor the learned Fortescue in his testimony but that our said auncient Lawes were indeed as well as by the Romanes owne confession in that they did not change them better then their owne I speake as a Christian for asmuch as Brittain receaued the Lawes of Christ before it knew the gouernmēt of Rome but because I wold be loath to offend I will remit the reader that is desirous to know what may be said of the Authors composers of the first Romane Lawes Aug. de Ciuit Dei L. 3 Wesembech prefat in Isag Riuall in hist Iur. de Iustiniano to St. Augustin and of these now extant to VVesembechius Rivallius Procopius and others And for the principles and groundes I will referre them to consider the particulars of the twelue tables yet in parte remayning and to measure and examine the rules of the Institutes by the wordes of the Authors out of which they seeme to bee taken Aristotle Tully Isidorus c. and both by the Scriptures a woorke worthy the vacation of a learned man But for the Lawes of Brittaine my principall intention before I come to speak of them I will intreate a little leaue to speake somewhat first of lawe in generall and secondly of the auncient inhabitantes of this I le For by knowing what they were wee shall the better knowe their Lawes and manners Cap. 3. THe Lawe by Aristotle is called a couenant of the societie of men Polit. 1. De Leg. By Tully the reason and minde of God discerning just and vniust If we joyne these two and call it the couenant made by God with the societie of men according to his owne reason Ex. 34.27 20. v. 5.6 Deut. 5.2 discerning just vniust it agreeth with the words of Moses and will be as I take it a perfect definition The end as Tully saith is manifest Ad salutem ciuium De Leg. 2. ciuitatumque incolūnitatem vitamque omnium quietam et beatam Agreeing also with Moses if Salus et Incolumitas et Beatitudo bee taken for all the blessing of this life and the life to come Lawes are called Diuine or Humane The deuine Lawes are those which God immediately made first written in nature secondlye described in the ten commaundements the Scriptures Humane Lawes are Lawes deriued out of the diuine Lawes by applycation of the generall commaundements First to the principal parties viz. to God to the common estate and to priuate men according to the diuision of the twelue Tables Auson secondlye to particular circumstances of Persons thinges actions times places Penalties and such like as the Institutes are deuided Heerehence followeth a conclusion obserued also by Tully that if a Law be made contayning any thing contrary to the Lawe of God it is not to be called a Lawe though all the world in a ioynt Parlamēt confirme it For neither is it deriued out of the general precepts nor partaketh of the common definition seeing it is not a couenant of God but a confederacy against God The property and effect of the Lawe is first to make a distinction of just from vniust Secondlye to commaund and forbid Thirdlye to punnish and rewarde These thinges are performed originallye and gennerally by the Lawe of God and secondarily and particularly by the Lawe of men The quallities of a true Lawe are reckoned vp by Isidorus and others Esse debet Lex Honesta Iusta possibilis Decret Part. 1 Wesemb secundum naturam et consuetudinem Loco et tempori conueniens necessaria vel vtilis manifesta c. A Lawe must bee honest just possible agreeable to nature and custome to time and place necessarie or profitable and manifest of this proceedeth another ground also jus nemini violare vel ignorare Licet Item lex obligat ad scientiam ad obedientiam ad paenam The Lawe bindeth to knowledge obedience punishment no man may breake it no man may be ignorant of it and that which Isidore saith when Lawes are made no Man may judge of them but according to them The exact performance of the Lawe is called Iustice 5 Ethic. the moderation of the Lawe vppon consideration of circumstances is called equitie the contraries to the law are jniurie jniustice jniquity wrong force fraud such like Whatsoeuer is said of the Law of God absolutely may proportionally be applyed to the Lawe of men The end of the Lawe of God is al happines That happines which is the end of Humane Lawes consisteth chieflie in the conseruation of Religion Psal 72.85 Peace and Iustice all which thinges are comprehended by St. Augustin vnder the name of peace which also he maketh the finall end of the Citie of God De Ciuitate Dei li. 19 The matters which the Lawes doe handle are chiefly persons things places times contracts offences and actions In this Iland persons appointed specially for the procuration of Religion are the Archbishops Bishops Ministers for the preseruation of Peace are the Nobilitie Sheriffes and Iustices of peace For the administration of Iustice the Iudges professors and Officers of Lawe And the King hath from God supreame authoritie ouer all according to the sentence Rex est Vicarius Dei Other distinctions there be of Persons but it is not my intention to speake of euery difference but onely so much as may serue to giue light to the Discourse intended Things also haue many diuisions whereof I meane to touch but one which is that some may passe by course of inheritance as Landes and tenements some cannot as Chattelles Of places some haue sacred priuiledge as Temples representing God by his woord The Kinges presence and Iudiciall Courtes representing God in power and Iustice others are ordinarie and common and of them some are publique as Markettes Wayes Some priuate as Houses Shoppes c. Times are likewise diuided into sacred and common the Day the night and such like diuisions Contracts haue manifold Distinctions which see in Bracton Bracto L. 3 Crimes are either against Religion Peace or Iustice and againe are considered as publike offences so Rex pro pace sequi debet Bracton in which all the Pleas of the Crowne are contayned or as some particular person is interessed who is to sue accordingly Againe they may be pursued ciuilly or criminally Lastly actions are distinguished for the moste parte according to the things which they demaund or the persons plaintifes or defendants or the Courts wherin or the times whē c. In actions are these principall partes Sūmons or Citations triall Iudgement and execution These points as fitter to be sought in other places as to learned men and as my selfe not halfe learned I doe briefely passe
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
first age described in the sacred History doe yet remaine amongst vs. Now followeth to speake of the ordinances instituted by our auncient Britain Kings agreeable to the word of God and to this day also remayning and first of the Lawes of Mulmutius others which were called the Marchen law Cap. 9. ALthough concerning the Historie of Brutus there may bee some reasons to doubt which learned men haue gathered yet why there should not be one Brit or Brute King of this Land whose Pedegree Sir Iohn Prise out of an auncient Chronicle deriueth from Iaphet And if there were no such Brit yet why the whole Historie of Britaine Princes should for the fabulous interposition of one or two men be reiected as some haue done I see no reason seeing the concurreÌ„t testimonies of diuers British monumeÌ„ts of great credit which Sr I. Prise citeth the concordance of the Scottish History in many thinges and that of some of those Princes remains to this day apparaÌ„t monumeÌ„ts of others credible Histories of others the moste ineuitable testimony of auncient Lawes The learned Mr. Cambden a iudicious examiner of these things Cambden in Britanniae offereth to prooue that the famous Brennus that ouerranne Italy was King of Britain a thing which the said Sr. Io. Prise hath alreadie most learnedly performed to me it is as well prooued that Mulmutius his Father was King likewise of this Land neither doe I thinke the warres of the one so glorious as the Lawes of the other But if any be so wilfully ignorant as to deny not onely the Historie of Brit but of his successors Let them name if they can imagine who built these auncient Monnuments Ludgate Bellingsgate Caerebranke or the Citye of Yorke Carleil and Caercoil or Colchester and such like and who made these auncient Lawes called the Mulmutian Ponticus virun Lib. 2. Higden Cest lib. 1. Galfrid moÌ„ Baleus Hooker Pol. virgil Mercian Lawes of which we haue to speake Many writers which without questioÌ„ did see or might see and reade the writinges of Gildas the wise Priest and Alfred the excellent Prince doe constaÌ„tly avouch that Mulmutius Dunwallo Father of Belinus and Brennus established those Lawes which were afterward called Mulmutinae which Gildas translated into Latin as hee confesseth himselfe say they and afterwards King Alfred turned them into English Out of which wordes I gather these obseruations first that there was such a King and hee made these Lawes without question Secondly that these Lawes were verie iust for else such men as Gildas and Alfred would not haue translated and preserued them Thirdly that they doe yet remaine amongst our common Lawes although hardly to be discerned which they bee for the same writers testifie that they being mingled amongst the lawes of Alfred were by St. Edward reduced to one common Law which the Norman yeelded vnto and himselfe and all his successors are sworne to obserue them Pontic viruÌ„ Monemuth And so say viruÌ„nius Monemuthensis Leges Patris quae Molmutinae dicebantur instituit inter Britones quae vsque ad hoc tempus celebrantur inter Anglos So also saith Higden where speaking first of the Marchen Lawe containing both Lawes of Mulmutius and Mertia and of the Dane Law west Saxon Law Ex his tribus Legibus saith he Sanctus Edwardus tertius vnam Legem communem edidit Câ—strencis Pol. virgil que Leges Edwardi vsque hodie vocantur of these three lawes St. Edward the third made one common Law which to this day are called the Lawes of Edward Beholde therefore the Fathers yea and the very name of our common Law Beholde a full proofe of Sir Iohn Fortescues testimonye concerning our Lawes Some particulars wherof as they were in those times are also mencioned in Chronicles For by Polidore it is thus recorded Pol Virgil. Mulmutius ius atque Leges nouas et illas quidem salutares dedit quas deinceps Mulmitianas Leges appellarunt Templa deorum immortalum Loco asyli omnibus ad ea confugientibus esse constituit a little after Pondera ac mensuras rebus vendendis emendisque posuit fures et noxium omne genus hominum seuerissime puniuit fecit quamplures vias decreuit que in quam Latitudinem fieri deberent ac Lege sanxit earum ius ad Principem duntaxat pertinere eiusque iuris violatoribus atque ijs qui in illis maleficium aliquod facerent constituit paenas praeterea vt ne terra vacaret neue populus rei frumentariae inopia frequenter premeretur aut minueretur si pecora sola occuparent agros qui ab hominibus coli deberent coÌ„stituit quot quisque Comitatus aratra haberet and so foorth where you see that he made lawes for Sanctuaries for weights for measures against theft robbery and other offences for high waies Nusances and for tillage and Husbandrie and by the words you may easily gather that they were the same or much to the same effect as they are now either continuing in the common Law or reuiued by Statutes and that in those daies also the land was deuided into certaine parts which are now called Counties Brecus and Fergusius likewise in Scotland neere about the same time also made Lawes for diuision of their Land into Tribes hundreds and wapentakes saith the Chronicle and for punishment of murder theft and other offences Againe by Higden it is thus recorded Anno mundi 3529. ante Christum 445. Mulmutius King of the Britaine 's the 23 but the first Law-maker ordained that Churches Plowes Cities and High-waies should inioy a Priuiledge or libertie This Higden expoundeth to be a kinde of Sanctuarie that if any offender did fly to any of these he should no further be pursewed but suffered to escape which interpretation cannot be made but onely of the Church and therfore to be let passe as made by a Monke ignorant of Law But our common Lawe giueth a sound and verie consonant exposition For euen from the most auncient times to this day there is a kinde of priuiledge in vse that these foure should bee free from distresse For no man ought to be distrayned by the beastes of his Plowe nor in high waies nor in Markets or Churches This freedome from distresse then I take to be the priuiledge ordayned by Mulmutius chiefly because it is indifferently commoÌ„ to al the foure things aboue mencioned Marlebr Cap. 2. et 15 w. 1. Cap. 16 51. H. 3. Art Cleri Cap. 9. Fitz. N.B. 90. although diuers later statutes doe confirme enlarge this priuiledge to some one or other of the foure yet none of theÌ„ name altogether as they were in Mulmutius Law and by the likenes of the Priuiledge it seemeth they were ioyned at first Also by the words of Articuli Cleri it seemeth to bee more auÌ„cient then the statutes For the Clergie there coÌ„plained of distresses taken in their glebe as a wrong Besides some of the writs
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