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Government over his People is politique, he can neither change the Lawes of his Realme without Confent of his Subjects, nor yet charge them with ftrong Impofitions againft their Wills. Saint Thomas in his Booke which he wrote to the King of Cyprus of the Government of Princes, wifheth the State of a Realme to be fuch, that it may not be in the King's Power to oppreffe his People with Tyrannie, which Thing is performed onely while the Power royall is reftrained by Power politique.

How Kingdomes ruled by royall Government first began.

Men in Times paft excelling in Power, greedy of Dignitie and Glory, did many Times by plaine Force fubdue their Neighbours the Nations adjoyning, and compelled them to doe them Service, and to obey their Commandements, which Commandements they agreed afterwards to be unto these People very Lawes, and by long Sufferance of the fame, the People fo fubdued being by their Subduers defended from the Injuries of others, agreed and confented to live under the Dominion of their Subduers. Nimrod was the first that got unto himselfe a Kingdome; and thus certaine Kingdomes first began. Saint Auguftine in the 13. Chapter of his Booke de Civitate Dei, that a People is a Multitude of Men affociated by Confent of Law, and Communion of Wealth, yet fuch a People being without a Head is not worthy to be called a Body. So likewife in Things politique, a Commonaltie without a Head is no wife Corporate: wherefore Aristotle in the first Booke of his Civill Philofophie, faith, that whenfoever one is made of many, amongst the fame one fhall be the Ruler, and the other fhall be ruled, wherefore a People that will raise themselves into a Kingdome, or into any other Body politique, must ever appoint one to be the chiefe Ruler. The Inftitution of a Kingdome politique is where a King is made and ordained for the Defence of the Law of the Subjects, and of their Bodies and Goods, whereunto he receiveth Power of his People, fo that by that Law politique he governes his People, not by any other Power. Then how commeth it to paffe that in the Power of Kings there groweth fo great Diversitie? furely the Diversitie of the Inftitution or firft Order of thefe Dignities was the onely Cause of thefe Differences. As thus; the Kingdome of England derived out of Brute's Retinue the Trojans, which he brought out of the Coafts of Italy and Greece, first grew to a politique and regall Dominion: fo Scotland which fometimes was fubject to England as a Dukedome thereof, was advanced to a politique and royall Kingdome: many other Kingdomes have had their firft Beginning not onely regall, but alfo of politique Government. Diodorus Siculus in the fecond Booke of his old Hiftories thus writeth of the Egyptians. The Egyptian Kings lived first not after the licentious Manner of other Rulers, whofe Will and Pleasure was inftead of Lawes, but they kept themselves as private Perfons in Subjection of the Lawes. Thus did they willingly, being perfwaded that by obeying the Lawes they fhould be bleffed. Diodorus in his fourth Booke writeth thus, The Ethiopian King as foone as he is created, he ordereth his Life according to his Lawes, doth all Things according to

the

the Manner and Cuftomes of his Country, affigning neither Reward or Punishment to any Man, otherwife than the Law made by his Predeceffors: the King of Saba, Arabia Happie, and of certaine other Kings, which in old Time honorably raigned.

With what

Gravitie the
Statutes are
made in
England.

You fhall understand that all humane Lawes are either the Law of Nature, or Cuftomes, or Statutes, which are called Conftitutions; but Customes when they were first put in Writing, and by fufficient Authoritie of the Prince published and commanded to be kept, were changed into the Nature of Conftitutions and Statutes, did after that more penally than before bind the Subjects. The Lawes of England which they doe force of the Law of Nature doe ratifie and establish, are neither better or worse than the Lawes of all other Nations in like Cafes; for as Ariftotle (Morall Philofophy, . 5.) faith, the Law of Nature is that which amongst all People hath the like Strength and Power: For the Statutes in England by Parliament, they proceed not from the Prince's Pleasure as doe the Lawes of other Kingdomes that are ruled by regall Government, where fometimes the Statutes doe fo procure the fingular Commoditie of the Maker, that they redown'd to the Hindrance and Damage of the Subjects. But Statutes cannot thus paffe in England: for fo much as they are made not onely by the Prince's Pleasure, but alfo by the Affent of the whole Realme, and therefore they must of Neceffitie procure the Wealth of the People, and in no wife tend to their Hindrance; and it cannot be thought otherwife but that they are made not by the Advice of one Man alone, or a hundred wife Counsellors onely, but of more than of three hundred chofen Men, Members of the House of Commons in Parliament, intrufted by the whole Kingdome for the Profit and Good of the King and People. By the Civil Law where a Matter in Controverfie commeth before a Judge by Way of Contestation of Suite, it must be tried by the Depofitions of two Witnesses; but by the Law of England the Truth of the Matter cannot appeare evident to the Judge but by the Oath of twelve Men, Neighbours to the Place where fuch Deed is fuppofed to be done, which the Lawyers in England calleth the Iffue of the Plea, the Truth of the Plea, (fic differentia)

Diversitie betweene

the Civill Law and the Lawes of England.

When a Statute was firft efta

Nota, all humane Lawes are either of the Lawes of Nature, or Cuftomes, or elfe Statutes: the Cuftomes of England, are of a most ancient Antiquity, practifed and received of five feverall Nations. First, from the Brittons. Secondly, after them the Romanes Thirdly, after them the Saxons. Fourthly, after them the Danes. And, fifthly, the Normans, whofe Defcent continueth in the Govern. ment, to this Day. And in all the Times of these feverall Nations, and of their Kings, this Realm was ruled by the selffame Cuftomes that it is now governed by.

blished in

England.

The King of England ruleth his People not onely by regall, but also by politique Government, in fo much that at his Coronation he is bound by an Oath to the Obfervance and Keeping of his Lawes; not freely to govern their VOL. I.

Iii

Subjects

Subjects as other Kings doe, whofe Rule is regall, governing their People by the civil Law, fo by that Maxime of regall Power, they at their Pleasure, burden their Subjects, change the Lawes at their Pleasure, execute Punishment, charge their Subjects with Charges and Taxes, when they lift, determine Controverfies of all Suitors when they please. And fo to caft off the Yoke of the Law politique; and fo to raigne and tyrannize over their People in regall Manner only. And that to rule the People by Government politique, is no Yoke to the People, but Liberty and great Security, both to the King and Subjects.

The Parliament is the high and most honourable Court, and abfolute Court of Justice of England, confifting of Lords in Parliament and Commons. The Lords are divided into one Sort, Temporall. The Commons are divided into three Parts (viz.) into Knights of Shires or Counties, Citizen's out of Cities, and Burgeffes out of Burroughs: The Antiquity of the High Court of Parliament; The King of England is armed with divers Councels, one is called Commune Concilium, and that is the Court of Parliament, and it is Legislative, called in Writs + Concilium Regni Anglia, another is called Magnum Concilium Regis Angliæ; this fometimes is applyed to the House of Peeres, who are called the Lords of Parliament; and they are called Magnum Concilium Regis.

The Jurifdiction of the High Court of Parliament.

The Court of Parliament is fo tranfcendent, that it maketh Lawes and inlargeth Lawes, diminisheth, abrogateth, and repealeth, and reviveth Lawes, Statutes, and Ordinances, concerning Matters Ecclefiafticall, Capitall, Criminall, Common, Civill, Maritime, and the reft; none can begin, continue, or diffolve the Parliament but by the King's Authority: It is of that high Honour and Juftice, that none ought to imagine any Thing difhonourable, that proceedeth from that High Court of Juftice.

The King | hath in his Court of Parliament his Prelates, Earles and Barons, and other learned Men to determine of Doubts, and Judges to give Remedie. In the Cafe of a general Pardon by Act of Parliament, the Juftices ought to take Notice, and to allow the Pardon, although the Felon plead Not Guilty; for that is a generall A&t.

Nota per Fitzherbert and Shelley, Juftices in Debt against a Priest, upon the Statute of Firmes, 21 Hen. VIII. cap. 13. the Defendant may plead, Quod non habet, nec tenet, ad firmam contra formam Statuti, and give in Evidence, that he tooke that Firme for the Maintenance of his Houfhold, by vertue of the faid Provifo in the faid Statute.**

&

* Coke, lib. 10. fol. 123, 124. fect. 97. + Bract. lib. I. cap. 2. Registr. 280. 27 Auguft. 5. H. IV.

↑ Mirr. cap. 2. fect. 4, 7, 10, 14. cap.4. de default. & cap. de Homicid. cap. i.

feet. 13. cap. 4.

Vide Plow. Com. 398. B. Doctor & Student. cap. 55. Fortescue de laudibus legum Anglia, lib. 1. Bract. cap. 2. Fleta, lib. 2. cap. 2. 26 H. VIII.

**Sir Thomas Parret's Cafe.

The

The Order of Parliament is, that if a Bill come firft to the Commons, and they paffe, that then it is used to be indorfed in this Forme, Soit bayle al Seignors, and if the Lords nor the King doe not alter the Bill, then the Ufe is to deliver it to the Clerke of the Parliament, to be inrolled without indorfing it; and if it be a common Bill it fhall be inrolled; but if it be a particular Bill it fhall not be inrolled, but filed upon the Filinfter; but if the Party will fue to have it inrolled, it may be inrolled: every Bill which paffeth the Parliament fhall have Relation to the firft Day of the Parliament, though it be put in at the End of the Parliament, 33. H. VI. 17.

If divers Seffions be in one Parliament, and the King doth not figne the Bill untill the last, then all is the fame Day, and all fhall have Relation to the first Day of the firft Seffions, and the firft Day and the laft, all is one Parliament, and one Day in Law, 33. H. VIII.

Premunire is given per Leftat. * yet a Man may not have that against a Man by Bill in Banco Regis.

In the Cafe of a Quare impedit, it was faid by Horton that a Statute penall, as the Statute de provifion, thall be taken ftrict Law; but the Statute made for the common Remedy for generall Mischiefe, may be taken by Equity; and that the Pope may not grant to a Man to have three Bishopricks, Vide Tit. de Wast 68. where the Statute giveth an Action de Wast in novell Cafe, all that is adjoyning to the fame Act, est done fimiliter, though it be not expreffely spoken of, as if an Action of Waft be given against Tenant in Tayle apres poffibilitie d'iffue extient, &c. treble Damage shall be recovered, though that it be not spoken of per Thirn. And the fame Law is of Gardein in Chivalry, and Tenant in Dower shall render treble Damages, yet Wast lyeth against them by the Common Law, 12 Hen. IV. 3.

Nota, That a Statute or Act of Parliament + need not be proclaimed, for the Parliament doth reprefent the whole Body of the Realme, for there be Knights and Burgeffes in every County: a private Act of Parliament fhall not conclude Men as a generall Act fhall do, nor Strangers are bound to take Notice thereof.

If the King by Act of Parliament reciteth an Act of Parliament, where there is no fuch Act of Parliament, and confirms the fame Eftate of Party contained in the Act, that is a Conclufion to all to fay, that the Tenant had nothing in the Land at the Time of the making of the Act, or Time of the Confirmation, 9 Hen. VII. fol. 2.

Note, where it is given by the Stat. of Weft. 2. cap. 11. that a Man shall have an Action of Debt upon an Escape of a Man condemned against the Jaylor, the Action doth not lie against the Executor of the Jaylor, for that is out of the Cafe of the Statute.

A Statute which is in the Negative, I bindes the Common Law fo, that a Man may not after make ufe of the Common Law. Weft. 2. cap. 40. 21. Hen. VII. 21.

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The Liberties and Freedomes of the Subjects.

That no Tallage or Ayde fhall be laid or levied by the King or his Heires in this Realme, without the good Will and Affent of the Arch-Bishops, Earles, Barons, Knights, Burgeffes, and other of the Freemen and Commonaltie of this Realme, and by Authoritie of Parliament, holden in the 25. Yeare of the Reigne of King Edward the Third, it is enacted that thenceforth no Perfon fhould be compelled to make any Loanes to the King against his Will, becaufe fuch Loanes were against Reason, and the Franchise of the Land. And by another Law of this Realme it is provided that none should be charged by any Charge or Impofition called a Benevolence, nor by fuch" Charge by which the Statutes before mentioned, and other good Lawes and Statutes of this Realme your Subjects have inherited their Freedomes. Vide Leftat. 1 Edw. I. and 25 Edw. III.

Vide Leftat. called The Grand Charter of the Liberties of England. The Words of the Statute, ‡ That no Freeman may be taken or imprisoned, or diffeifed of his Freehold, or Liberties, or his free Cuftomes, or be outlawed, or in any Manner deftroyed, but by the lawfull Judgement of his Peeres, or by the Law of the Land.

Nulli vendemus, nulli negabimus, aut differemus juftitiam, vel reɛtum.

In which Statute there is not any Mention made how Wives, Ladies of great Eftate, by reafon of their Hufbands Peeres of the Land, Coverts or Soles, that is to fay, Dutcheffes, Counteffes, or Baroneffes, fhall be put to anfwer, or before what Judges they fhall be adjudged upon Indictments of Treasons or Felonies by them made, because of which there is a Doubt in Law, before whom, and by whom fuch Ladies fo indicted, fhall be put to answer, and be adjudged: The King willeth further, ** fuch Ambiguities and Doubts, hath declared by the Authoritie abovefaid, that fuch Ladies fo indicted, or hereafter to be indicted of any Treafon or Felony by them made, or hereafter to be made, though they be Covert of Baron or Sole, they are by themselves to anfwer and put to answer; and adjudged before fuch Judges and Peeres of the Realme, as Peeres of the Realme shall be, if they were indicted or impeached of fuch Treafons or Felonies made: And in fuch Manner and Forme, and no otherwife. But none of thefe Statutes have beene

*Vide Leftat. of King Edw. I. vocat. Statut. de tallagio non concedendo.

+ Vide le Petition de Droit, exhibited in Parliament, Anno 3. Carol. Regis. Vide Leftat. 25. Edw. III.

Vide Leftat. de Magna Charta, cap. 9. Nullus liber bomo capiatur vel imprifonetur, aut diffeifitur de libero tenem' fus, vel libertatibus, vel liberis confuetudinibus fuis,

aut utlagetur, aut exuletur, aut aliquo modo deftruatur. Nec fuper eum ibimus, nec fuper eum mittimus, nifi per legale judicium partum fuorum, vel per legem terræ.

Stat. de Magna Charta, vide Leftat. 20. Hen. VI. cap. 9. Vide Stamf. lib. 3. cap. 1. cap. 9.

** Stat. Magna Charta & 20 Hen. VI. put

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