De
Antiquis
Britanniae
Legibus
.
Cap.
1.
IN
all
actions
,
in
euerie
election
,
in
euery
counsell
and
deliberation
,
it
is
to
bee
held
for
a
certaine
and
vndoubted
principle
,
that
,
Onely
thinges
Godly
,
just
,
&
necessarie
are
to
be
done
,
&
that
with
due
inuocation
of
Diuine
assistance
,
without
the
which
nothing
can
be
done
.
So
the
first
consideration
ought
to
bee
of
the
end
,
the
second
of
the
meanes
,
the
third
of
the
effectuall
working
power
,
which
cannot
be
hindred
,
which
is
onely
the
spirit
of
God
all
sufficient
.
Seruato
ius
et
metue
mortalis
Deum
.
How
Godly
and
just
a
thing
it
is
to
establish
a
perfect
Vnitie
in
these
Kingdomes
,
for
the
confirmation
of
an
euerlasting
peace
betweene
them
,
and
by
consequence
thereof
,
for
the
increase
and
propagation
of
Gods
truth
and
his
Gospell
,
in
a
former
treatise
I
haue
shewed
according
to
the
best
of
my
vnderstanding
.
Now
I
take
in
hand
to
speake
of
our
auncient
Lawes
,
and
God
is
the
beginning
and
end
of
my
worke
.
The
thing
it selfe
is
no
lesse
fit
and
necessarie
for
this
time
to
be
knowne
,
then
obscure
and
difficult
to
expound
.
For
whether
we
consider
our
Statutes
enacted
since
the
Norman
,
wee
shall
finde
them
grounded
vpon
moste
just
and
prudent
jntentions
:
or
the
remnants
of
our
Actes
made
by
the
Saxons
,
we
shal
see
them
ful
of
Godly
&
deuout
admonitions
,
or
the
secret
footesteps
of
the
auncient
British
constitutions
,
appering
yet
in
the
bodie
of
our
common
Lawes
,
the
principles
thereof
will
appeare
to
be
the
verie
Lawes
of
the
eternal
God
,
written
in
the
two
immortal
tables
of
nature
&
Scripture
.
The
reason
heereof
surbordinate
vnder
the
gracious
ordinance
of
the
Almightye
,
was
either
the
blessed
disposition
of
our
Princes
,
whose
matches
for
Godlinesse
and
vertue
no
countrie
but
the
Cradle
of
our
Sauiour
could
euer
affoord
(
as
our
eyes
now
doe
witnes
,
)
or
the
natiue
inclination
of
our
people
most
apt
to
be
led
by
piety
and
deuotion
,
as
the
greatest
number
of
examples
doe
prooue
:
or
the
religious
&
happie
counsell
of
Elutherius
to
Lucius
King
of
Brittain
,
who
hauing
publikely
receaued
in
his
kingdome
the
faith
&
Gospel
of
our
Lord
,
and
studying
to
amend
his
Lawes
then
vnperfect
,
sent
vnto
the
said
Elutherius
for
a
Coppy
of
the
Romane
Lawes
.
The
Christian
Bishop
made
such
an
answere
to
the
first
Christian
King
,
as
betweene
two
such
persons
ought
to
passe
;
As
the
most
high
God
answereth
his
most
faithful
seruant
.
Exo.
25.40
Inter
Leges
Sti
.
Edwardi
Lamb
.
Archaion
.
Fox
ex
Antiquo
codice
See
also
Monemuthens
.
Bed
.
Li.
1.
Pontic
.
vir
.
Make
al
thinges
according
to
the
patterne
&c.
So
writeth
this
good
Bishop
.
Petistis
a
nobis
leges
Romanas
et
Caesaris
vobis
transmitti
,
quibus
in
regno
Britanniae
vti
voluistis
:
Leges
Romanas
et
Caesaris
semper
reprobare
possumus
,
Legem
Dei
nequaquam
.
Suscepistis
enim
nuper
miseratione
diuina
,
in
regno
Britanniae
Legem
et
fidem
Christi
.
Habetis
penes
vos
in
Regno
vtramque
paginam
.
Ex
illis
dei
gratia
,
per
consilium
regni
vestri
sume
legem
,
et
per
illam
Dei
patientia
,
vestrum
rege
Britanniae
regnum
.
Vicarius
vero
Dei
estis
in
Regno
iuxta
Prophetam
regem
.
Rex
est
vicarius
Dei
,
Verbum
Dei
manet
in
aeternum
.
These
lawes
saith
the
learned
Sir
Iohn
Fortescue
haue
been
in
the
times
of
the
Brittaines
,
Romaines
,
Saxons
,
Danes
and
Normanes
,
Cap.
2.
ORder
of
learning
,
and
of
the
said
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
gouernment
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
:
Wesembechius
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
.
The
end
as
Tully
saith
is
manifest
,
Ad
salutem
ciuium
,
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
:
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
Parlament
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
,
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
.
Crimes
,
are
either
against
Religion
,
Peace
,
or
Iustice
,
and
againe
are
considered
as
publike
offences
,
&
so
Rex
pro
pace
sequi
debet
,
Cap.
4.
AMongst
the
seueral
opinions
that
haue
bin
conceiued
concerning
the
first
possessors
of
this
Isle
,
I
cannot
see
any
more
consonant
to
diuinity
,
to
reason
,
and
the
testimonies
of
best
approoued
Antiquaries
,
then
that
which
maintaineth
the
Nations
of
Brittaine
to
be
descended
of
Gomer
the
Sonne
of
Iaphet
,
whose
children
,
after
the
diuision
of
tongues
,
at
Babel
,
spred
throughout
al
Europe
,
&
so
replenished
this
Island
,
De
tractu
Armoricano
(
vt
fertur
)
in
Britanniam
aduecti
saith
the
venerable
Bede
.
Iaphet
,
Madai
the
Medes
;
Iauan
the
Ionians
;
Tubal
the
Iberians
;
Meschech
,
the
Moscouites
;
Gomer
,
the
Cymbri
;
Ashkenas
,
the
Tuiscones
.
The
Sonnes
of
Cham
,
Cush
,
the
Aethiopians
,
Misraim
the
Aegiptians
,
Canaan
the
Canaanites
:
the
Sonnes
of
Sem
,
Ashur
,
Elam
,
Apachshad
,
Lud
and
Aram
,
euerie
one
had
his
language
and
his
Countrie
,
and
as
I
take
it
the
contrarie
cannot
be
shewed
.
And
this
is
confirmed
by
the
expresse
words
of
Moses
,
or
rather
of
God
himselfe
,
the
truest
Author
:
where
hauing
named
,
Assirians
,
Persians
,
Syrians
,
and
Hebrewes
descended
of
Sem
,
had
more
similitude
of
speech
,
and
writing
among
themselues
,
then
they
had
with
any
the
nations
of
Europe
.
And
so
the
Aegiptians
,
Aethiopians
,
Libians
,
&
other
descended
of
Cham
;
which
vicinityes
(
as
I
may
call
it
)
of
speech
,
being
greater
in
those
original
times
,
then
now
it
is
,
caused
those
families
that
had
best
intelligence
one
with
another
to
sorte
themselues
together
,
in
places
of
neerer
neighbour-hood
,
And
thereof
it
came
,
that
the
Children
of
Sem
remained
in
Asia
,
The
children
of
Cham
went
into
Africa
,
&
the
children
of
Iaphet
went
northward
into
Europa
;
as
wee
see
the
Moscouits
,
the
Thracians
,
Ionians
and
Iberians
,
the
Sonnes
of
Iaphet
to
be
round
about
vs
.
Of
all
which
premisses
resteth
this
conclusion
,
that
all
the
inhabitants
of
Britaine
are
descended
from
some
one
of
Iaphets
Children
.
Other
testimonies
of
the
Scriptures
incline
the
same
way
,
Cap.
5.
I
Haue
spoken
of
the
Lawe
in
generall
,
and
of
the
first
inhabitants
of
this
Land
;
and
I
haue
to
speake
somwhat
in
generall
of
the
Lawes
instituted
by
our
Christian
King
Lucius
vpon
receit
of
Elutherius
Letters
,
meaning
to
descend
in
to
perticularities
,
by
easie
paces
and
degrees
.
But
in
setting
down
things
of
so
ancient
time
,
whereof
remaine
but
fewe
Historyes
,
through
the
rage
of
the
Romanes
and
other
sauadge
idolaters
,
the
scourges
of
this
kingdom
,
in
her
godly
infancye
;
Lest
I
should
seeme
to
speake
too
much
of
mine
owne
braine
;
I
would
intreat
euery
prudent
,
sober
,
&
Christian
Politician
,
first
to
examine
the
contents
,
and
sentences
of
that
godly
Epistle
,
&
secondly
to
consider
his
owne
minde
,
and
to
vnfolde
his
secret
vnderstanding
,
what
he
himselfe
would
haue
done
,
&
what
he
would
think
fit
to
doe
,
it
he
had
bene
then
King
Lucius
,
or
of
counsell
with
him
,
hauing
receiued
such
a
Letter
as
before
is
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
exhortation
,
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
,
Rex
autem
,
quia
vicarius
summi
regis
est
,
ad
hoc
est
constitutus
,
vt
regnum
terrenum
,
&
populum
Domini
,
&
super
omnia
sanctam
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
Regnum
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
,
&
iustitiam
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
,
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
when
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
,
But
againe
to
our
purpose
,
St.
Augustin
speaketh
much
to
the
same
effect
.
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
words
of
the
most
Godly
&
religious
King
Alfred
in
his
Lawes
.
That
you
will
not
haue
done
your selues
,
do
not
vnto
others
;
windeth
vp
all
with
this
conclusion
:
By
this
one
commaundement
(
saith
he
)
it
is
euident
inough
,
that
Law
and
right
is
to
bee
giuen
to
all
men
equally
.
Neither
shall
we
need
of
any
other
,
whatsoeuer
iudiciall
booke
,
onely
let
this
bee
infixed
in
the
minde
of
him
that
sitteth
as
judge
vpon
others
,
that
he
giue
no
other
sentence
of
other
men
,
then
he
wold
haue
to
be
giuen
in
his
owne
cause
.
But
in
the
propagation
of
the
gospel
(
saith
King
Alfred
)
when
many
men
beleeued
in
the
word
of
God
,
then
many
Synodes
were
gathered
;
and
also
in
England
,
the
Bishoppes
&
other
the
wisest
men
assembled
,
who
being
taught
by
the
mildenes
of
Christ
,
did
set
vpon
euerie
first
offender
a
pecuniarie
paine
,
the
leuying
whereof
they
committed
to
the
Magistrates
.
&c.
And
a
little
after
.
These
I
Alfred
the
King
haue
gathered
together
and
committed
to
writing
.
Then
speaking
also
of
the
lawes
of
later
time
,
he
addeth
that
there
were
many
thinges
,
also
which
he
thought
fit
to
be
obserued
in
the
acts
of
Ina
,
Offa
&
Ethelbert
:
but
the
former
words
are
plainely
spoken
of
the
Lawes
heere
established
vpon
the
first
receiuing
of
the
Gospell
by
King
Lucius
,
&
doe
fully
prooue
that
the
counsel
of
El●●herius
was
followed
,
but
with
the
mercifulnes
&
mildehartenes
of
our
Lord
christ
after
the
Saxon
phrase
,
and
the
Sinodes
which
Alfred
speaketh
of
in
the
first
arriual
of
the
Gospell
,
were
the
Parlaments
of
Lucius
,
whose
course
that
it
was
such
as
I
haue
said
,
I
pray
you
see
also
by
that
which
followeth
,
wherein
I
wil
first
speake
of
the
remnants
of
the
Lawes
of
nature
,
secondly
of
the
auncient
Brittish
Lawes
made
before
and
by
Lucius
,
and
lastlye
of
those
that
followed
vntil
the
Norman
.
Cap.
6.
IT
is
manifest
in
Histories
,
both
sacred
&
prophane
,
that
the
moste
auncient
Nations
had
their
Kings
or
Princes
,
their
Priests
,
their
Elders
or
Senators
,
and
their
Dukes
or
Captaines
:
Egipt
,
Iudaea
,
Madian
,
Arabia
,
Greece
,
Italy
.
So
Caesar
found
in
Britaine
,
Reges
,
Druidas
,
It
is
prooued
also
amongst
Antiquaries
,
that
the
famous
Belinus
and
Brennus
,
&
it
is
not
hard
to
be
proued
that
Mulmutius
and
others
were
Kings
of
this
Iland
,
Aug.
de
Ciuit.
Dei
Lib
15.
et
19.
Arist.
1.
Polit.
Gen.
17.29
Gen.
27.29
et
49.10
.
wherein
Patres
familias
regebant
,
the
Fathers
of
the
greatest
families
which
contained
others
,
were
Kings
,
as
Adam
and
Sem
taken
to
be
Melchisedec
,
and
Assur
his
Sonne
:
the
Fathers
of
inferior
families
,
yet
populous
and
great
,
were
Elders
,
or
Princes
;
as
Abraham
,
Isack
,
Iacob
,
and
Iob.
Such
there
were
in
Britain
,
as
Caesar
&
Gildas
doe
shew
.
The
second
sorte
obtained
their
authoritie
by
warre
,
violence
or
Rebellion
,
as
before
the
floud
,
Cain
and
afterwards
Nimrod
,
Esau
and
the
like
.
And
of
this
sort
there
was
also
in
Britaine
whose
times
Gildas
calleth
vetustos
immanium
Tyrannos
annos
.
And
heereunto
agreeth
the
text
extant
amongst
the
Lawes
of
St.
Edward
.
Sicut
modo
vocantur
Greue
,
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
Britaines
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
,
Cap.
7.
IT
is
thought
by
some
,
that
this
Iland
before
the
comming
of
the
Romanes
,
Nonantae
Selgonae
Dannonij
,
Gadeni
,
Ottadeni
,
Epdij
,
Cerones
,
Carmonacae
,
Careni
,
Cornubij
,
Decantae
,
Logi
,
Mertae
,
Macomagi
,
Venicontes
,
Texati
,
Polij
or
Elgoni
,
Brigantes
Parisi
,
Ordouici
,
alias
Ordoluci
,
C●…ti●uchlani
,
Coritani
,
Trinobantes
,
Dem●te
,
Cangi
,
Silures
,
Dobuni
,
Atrebatij
,
Cantij
,
Regni
,
Belgae
,
Durotriges
,
Giruij
,
Ioeni
,
Tegenes
,
Cenimagni
,
Segonti●ci
,
Deiri
,
Venedoti
,
Bibroci
,
with
some
other
whome
he
and
others
name
.
And
of
these
some
(
as
Mr.
Camden
plainely
sheweth
)
possessed
one
,
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
confirmed
by
the
testimony
of
Polidore
,
who
in
the
lawes
of
Mul●●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
,
Luc
us
&
Caesars
times
,
diuers
great
Cityes
,
wherof
28.
are
named
by
our
Chronicles
,
and
some
of
them
by
Caesar
,
Canterburie
,
Bath
,
Carle●
,
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
of
Caesar
,
and
al
of
them
are
laid
to
their
charge
by
Gildas
,
Italy
,
France
and
other
Countries
haue
,
by
that
meanes
receiued
some
barbarous
touches
,
and
Ireland
yet
wasted
and
subiect
to
great
calamities
&
desolation
,
is
an
eye
witnesse
of
the
same
experience
,
which
heeretofore
was
gouerned
with
peace
ad
ciuilitie
,
and
now
hath
many
examples
extant
of
strange
immannities
.
And
as
these
are
the
iust
plagues
inflicted
by
the
diuine
Iustice
vpon
our
Neighbour
Iland
for
the
contempt
of
the
Gospel
,
and
such
offences
as
aforesaid
:
so
were
the
same
inflicted
in
those
times
vpon
the
Britaines
for
treading
vnder
foote
the
light
of
nature
,
and
the
knoweledge
of
God
(
which
Gildas
signifieth
that
the
first
inhabitants
had
)
&
many
excellent
doctrines
of
Religion
,
&
of
justice
,
which
were
but
obscurelye
,
&
in
part
preserued
by
the
Druidae
and
some
fewe
of
the
better
sort
.
But
to
returne
where
wee
left
,
as
in
other
thinges
the
Britaines
maintained
the
manners
of
the
auncients
,
Persians
,
Athenians
,
Romans
,
Cap.
8.
AS
in
the
distribution
of
persons
,
and
of
the
land
,
the
Britaines
were
politick
and
ciuil
:
so
in
their
proceedings
of
Lawe
,
in
their
iudgements
,
and
in
their
Sciences
,
it
appeareth
that
they
were
not
so
barbarous
as
hath
been
taken
:
for
their
varieties
of
excellent
learning
(
to
note
that
by
the
way
)
Sir
Iohn
Prise
in
his
booke
to
King
Edward
the
sixt
,
Abraham
,
Iob
,
and
other
the
Patriarches
,
there
is
mencion
made
of
buying
and
selling
,
and
of
diuers
offences
punished
by
Lawe
.
But
by
what
Lawe
,
if
not
by
the
Law
of
nature
?
And
if
the
Law
of
nature
be
the
same
which
is
contayned
in
the
Lawe
&
the
Gospell
,
as
Gracian
in
the
first
entrance
of
his
distinctions
affirmeth
;
If
the
terme
commaundements
be
an
abridgement
or
exposition
of
the
Law
of
nature
,
as
he
saith
in
an
other
place
:
And
if
distinction
of
propertyes
be
inacted
,
&
the
desire
of
other
mens
goods
forbidden
euery
where
in
the
Lawe
;
the
Gospell
,
and
the
tenne
commandements
;
then
is
Gratian
in
this
poynt
,
contrary
vnto
him selfe
.
But
that
it
is
so
forbidden
,
appeareth
by
the
eight
and
tenth
Commaundement
,
and
in
the
first
to
the
Romanes
,
where
Couetousnes
euen
in
an
heathen
man
is
accounted
for
a
sin
,
So
this
testimony
proueth
that
they
had
a
setled
forme
of
iudgements
in
those
three
maine
parts
,
whereof
Iustinian
hath
composed
his
whole
worke
,
I
say
De
personis
rebus
et
actionibus
.
To
touch
a
few
particulars
,
it
must
needes
be
inferred
vpon
Caesars
words
,
that
they
had
a
certaine
forme
of
conueyance
and
course
of
inherit●●ce
in
their
lands
.
For
else
how
could
controuersies
of
inheritance
and
Lands
arise
to
be
decided
in
iudgement
?
Now
if
any
man
consider
well
of
our
auncient
forme
of
conueyance
by
Feoffment
and
Liuerie
,
and
the
solemnitie
thereof
vsed
,
not
onely
after
,
but
before
the
conquest
,
Abraham
,
Izhak
shal
be
thine
heire
,
&
Izhak
made
Iacob
his
heire
;
Edward
Cooke
(
his
maiesties
Atturnie
general
)
collected
and
declared
,
vpon
the
judgement
of
God
,
in
the
case
of
Salphahads
daughters
,
Iohn
Prise
,
Also
the
particular
Lawes
of
distresses
doe
prooue
that
they
are
taken
out
of
the
word
of
God
.
For
by
the
common
Law
no
man
may
distreine
a
Millstone
;
Thus
he
forfeited
his
Countrie
and
his
possessions
,
the
profits
of
his
labour
,
&
of
his
ground
,
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
,
contempts
,
forfeitures
,
&c.
Further
in
our
Chronicles
wee
reade
of
Lords
&
tennants
in
the
daies
of
Gorbonian
the
good
,
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
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
concurrent
testimonies
of
diuers
British
monuments
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
,
apparant
monuments
of
others
credible
Histories
,
of
others
the
moste
ineuitable
testimony
of
auncient
Lawes
.
The
learned
Mr.
Cambden
a
iudicious
examiner
of
these
things
,
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
,
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
.
Ex
his
tribus
Legibus
(
saith
he
)
Sanctus
Edwardus
tertius
vnam
Legem
communem
edidit
,
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
:
Againe
by
Higden
it
is
thus
recorded
Anno
mundi
3529.
ante
Christum
445.
Mulmutius
King
of
the
Britaines
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
common
to
al
the
foure
things
aboue
mencioned
:
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
them
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
auncient
then
the
statutes
.
For
the
Clergie
there
complained
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
common
practise
;
as
of
Attornments
,
Repleuies
,
Auouries
,
Tenures
Seruices
:
Quid
Iuris
clamat
,
quem
redditum
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
,
religion
,
Iustice
,
&
gouernment
,
began
to
shine
more
brightly
in
this
kingdom
.
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
.
Secondly
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
&
committed
to
writing
,
where
he
speaketh
of
certaine
Sinodes
,
of
Bishops
&
Noble
&
wise
men
;
it
must
needes
be
meant
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
,
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
possession
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
,
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
Christians
,
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
,
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
,
Iohn
Fortescue
hath
fully
prooued
,
and
whosoeuer
shall
consider
of
it
indifferently
,
shall
finde
that
it
is
the
moste
righteous
and
Godly
course
that
euer
was
found
out
,
and
therefore
moste
likely
to
proceede
from
the
piety
of
that
holy
King
.
Also
in
that
purest
age
of
Christianity
,
And
if
holy
men
ought
to
be
imitated
,
then
who
if
not
our
moste
holy
Sauiour
?
as
the
Apostle
saith
:
Quo
est
detestabilior
istorum
immanitas
:
So
much
the
more
is
their
crueltie
to
be
abhorred
,
which
labour
to
hide
,
not
onely
the
words
,
but
also
the
examples
of
Christ
away
from
vs
.
Therefore
I
say
Lucius
did
institute
the
trial
of
al
matters
in
fact
,
Thus
they
tooke
a
rule
or
president
for
euerie
thing
out
of
the
Scripture
.
And
the
authoritie
of
Moses
to
the
contrarie
is
not
to
be
obiected
;
for
although
he
saieth
that
at
the
mouth
of
two
or
three
,
an
offender
shall
die
;
yet
he
addeth
not
the
negatiue
,
that
more
should
not
be
vsed
.
Therefore
the
Apostolicall
Canons
before
cited
,
and
the
example
of
our
Sauiour
in
the
affirmatiue
was
a
better
warrant
.
And
it
is
most
apparant
that
iuries
were
vsed
among
the
Chsistian
Britaines
and
before
the
Saxon
times
;
for
proofe
whereof
,
although
in
mine
opinion
,
the
testimony
of
the
profoundly
learned
Sir
Iohn
Fortescue
should
bee
sufficient
saying
expressely
that
these
lawes
were
vsed
in
the
time
of
the
Britaines
,
Edward
Cooke
before
cited
,
prooueth
by
substantiall
records
,
that
this
triall
was
before
the
Conquest
.
So
there
are
three
witnesses
euerie
one
of
exceeding
great
learning
against
one
Maister
Polidor
.
Tantae
molis
erat
Romanam
excindere
gentem
.
Such
a
labour
it
is
to
ouerthrowe
these
Italian
opinions
,
of
which
our
nation
is
too
fondly
credulous
.
But
let
vs
goe
forward
,
&
although
my
simple
discourse
can
adde
no
weight
vnto
their
most
graue
iudgements
,
especially
the
last
cited
,
which
is
grounded
vpon
records
:
yet
vnder
fauour
,
I
will
adioyne
some
other
testimonies
and
proofes
.
In
the
time
of
King
Edward
the
third
,
when
by
all
mens
consent
our
Iudges
were
most
exactly
learned
(
as
in
deede
it
was
a
time
excelling
,
not
onely
in
Martiall
glorie
,
but
in
learning
and
wisdome
)
I
finde
Mr.
Belknap
a
reuerend
Iudge
,
concurring
in
opinon
,
with
these
before
named
.
But
to
make
it
yet
more
plaine
,
the
City
of
London
is
and
was
in
the
times
of
the
Britaines
,
by
the
confession
of
many
learned
writers
,
namely
Caesar
Tacitus
,
Ptolomy
,
Ammianus
Marcellinus
,
Gildas
Galfridus
&c.
a
moste
auncient
City
,
a
place
of
gouernment
,
&
ruled
by
a
gouernor
,
the
sea
of
a
Flamine
or
Bishop
,
not
a
fastenes
of
the
woodes
as
some
haue
imagined
vpon
the
generall
and
vncertaine
words
of
authors
,
which
neuer
saw
it
,
but
frequented
and
cclebrated
with
concourse
of
Merchants
&
plenty
of
commerce
as
Tacitus
affirmeth
.
Now
I
pray
you
beholde
with
the
eyes
of
your
minde
,
the
forme
of
such
a
Citie
:
and
tell
mee
how
you
can
imagine
it
to
stand
without
a
Court
of
Iustice
,
the
bond
of
commerce
,
for
the
deciding
of
controuersies
?
or
how
you
can
imagine
that
such
a
Court
should
be
without
a
due
forme
of
Trialls
?
But
least
I
may
seeme
to
deale
by
immagination
;
for
the
first
point
that
it
had
a
Court
;
Galfridus
Monemuthensis
and
Ponticus
virunnius
out
of
the
auncient
British
Historie
,
doe
testifie
in
playne
words
;
that
in
the
daies
of
Iulius
Caesar
,
Irelgas
,
Nephew
of
Cassibellan
,
being
slaine
by
Cuelinus
,
Nephew
to
Androgeus
Gouernor
or
Lieftenant
of
London
,
a
commaundement
was
giuen
to
Androgeus
to
bring
Cuelinus
to
the
K.
Court
,
there
to
receiue
Iustice
:
his
answere
was
Sese
suam
habere
curiam
,
et
in
illa
definiri
debere
quicquid
alquis
in
homines
suos
clamaret
,
si
ergo
rectitudinem
de
Cuelino
decreuisset
appetere
ipsam
in
vrbe
Trinobantum
ex
veterum
traditione
fieri
praeciperet
.
He
alledgeth
that
hee
hath
his
Court
,
wherin
ought
to
be
determined
whatsoeuer
any
man
laide
to
the
charge
of
his
men
,
&
that
right
ought
to
be
done
vnto
them
in
the
Citie
of
London
according
to
the
auncient
custome
.
For
the
second
point
,
if
Mr.
Polidor
will
not
giue
vs
leaue
to
thinke
that
London
had
this
iurisdiction
in
Caesars
time
;
yet
without
his
leaue
,
I
wil
proue
by
many
infallible
records
that
the
same
City
of
London
had
this
iurisdiction
,
and
namely
this
tryal
by
twelue
in
the
time
of
the
Britaines
,
thus
:
This
City
of
London
hath
and
had
alwaies
from
time
out
of
minde
their
Hustings
,
&
the
writ
of
right
in
London
tryable
by
twelue
;
the
Assise
of
Freshforce
tryable
by
twelue
;
and
the
tryall
of
pleas
of
the
Crowne
by
twelue
;
it
must
needes
be
that
these
Liberties
were
begun
eyther
by
Parlament
or
prescription
,
eyther
in
the
time
of
the
Normans
,
of
the
Saxons
,
or
of
the
Britaines
.
But
in
14.
E.
2.
when
they
must
needes
haue
knowne
if
there
had
bin
any
Patent
or
Acte
of
Parlament
,
either
of
the
Saxons
or
Normans
for
it
.
A
quo
warranto
in
Itinere
in
Turri
London
being
brought
,
for
these
and
other
Liberties
:
The
cominaltie
of
that
City
make
their
claime
to
the
rest
by
seueral
Patents
,
but
to
these
by
auncient
custome
and
prescription
confirmed
by
Charters
in
these
words
.
Quoad
articulum
quod
&c
proferunt
cartam
Henrici
aui
Regis
nunc
in
qua
continetur
quod
idem
H.
rex
,
16.
die
Marcij
Anno
regni
sui
vndecimo
concessit
ciuibus
predictis
,
quod
Hustingum
semel
tantum
in
hebdomada
tenatur
secundum
consuetudmem
ciuitatis
.
Et
proferunt
aliam
cartam
eiusdem
Domini
H.
Regis
in
qua
continetur
quod
idem
Dominus
Henricus
Rex
20.
die
Martij
Anno
regni
sui
52.
concessit
ciuibus
suis
London
quod
de
placitis
ad
coronam
pertinentibus
de
his
maxime
quae
infra
ciuitatem
praedictam
et
eius
suburbia
fieri
continget
,
se
possunt
disrationare
secundum
antiquam
consuetudinem
ciuitatis
praedictae
.
By
these
Charters
you
see
,
that
the
pleas
aforesaid
are
to
be
proceeded
and
tried
according
to
the
prescription
or
custome
of
the
Citie
,
&
so
are
the
words
of
the
Assise
of
Freshforce
.
By
the
way
the
reader
is
to
vnderstand
,
that
prescription
or
custome
here
,
is
not
said
to
be
the
continuance
of
many
yeres
,
as
50.60
.
or
an
hundred
:
But
that
in
Law
is
said
to
be
by
prescription
,
the
beginning
whereof
cannot
be
proued
by
any
record
,
writing
,
or
lawul
testimony
,
&
such
a
prescription
is
heere
to
be
vnderstood
.
Now
that
the
custome
&
such
a
prescription
of
London
is
&
was
in
the
Conquerors
time
and
before
,
that
their
trialls
should
be
by
a
Iurie
of
twelue
,
The
Conqueror
,
dooth
he
make
them
any
graunt
or
Patent
heereof
,
or
dooth
Edward
the
Confessor
one
of
the
Saxon
Princes
,
graunt
any
such
matter
or
make
mention
that
any
such
thing
was
graunted
by
patent
vnto
London
?
Ne
my
:
Not
a
minim
of
any
such
matter
,
It
is
written
in
their
Lawes
,
And
if
this
had
bene
by
patent
or
Parlament
of
any
Saxon
Prince
;
without
all
question
these
two
Princes
would
haue
knowne
it
.
For
all
the
Saxon
gouernment
in
peace
from
the
first
King
vnto
the
last
was
not
aboue
300.
yeeres
,
&
both
Edward
and
William
were
most
diligent
searchers
and
Registers
of
all
the
lawes
,
Liberties
&
Customes
of
their
kingdome
,
as
appeareth
by
the
Domesday
Booke
,
and
by
that
which
is
recorded
by
Houeden
and
others
.
Besides
in
the
Saxon
times
,
not
a
peece
of
land
passed
from
the
Crowne
,
and
much
lesse
any
liberties
or
Iurisdictions
,
which
are
parcel
of
the
royal
prerogatiue
without
Patent
,
as
appeareth
by
the
manifolde
patents
of
manors
,
Landes
,
&
Liberties
made
to
Churches
and
Monasteries
,
whereof
those
that
belonged
to
the
Abby
of
Croyland
,
The
City
of
London
therefore
had
this
Libertie
and
Maner
of
trial
in
the
Normans
time
,
not
by
patent
or
new
Law
,
but
by
prescription
;
they
had
it
in
the
Saxons
time
not
by
patent
or
new
Law
:
therefore
by
prescription
,
&
it
must
needes
bee
true
,
that
they
had
it
from
a
time
whereof
no
proofe
could
be
made
,
that
is
,
long
before
the
Saxons
.
I
say
by
prescription
as
it
is
pleaded
euen
from
the
Britaines
.
And
this
that
I
haue
said
of
London
,
I
may
say
of
all
auncient
Cities
where
they
haue
like
customes
and
Liberties
;
yea
the
auncient
hundred
,
Courts
,
Shiermotes
,
Wardmotes
,
Swainmotes
,
Leets
,
and
Wapentakes
,
which
are
often
mencioned
in
the
Saxons
Lawes
as
thinges
in
vse
.
Let
any
man
shew
me
,
what
other
kinde
of
triall
or
inquisition
,
they
had
then
this
,
and
Quo
warranto
by
what
law
they
had
this
,
but
by
like
prescription
.
If
you
bring
foorth
the
triall
by
fire
and
water
called
Ordell
,
it
was
by
al
likelyhood
but
a
superstitious
inuention
,
in
the
Saxon
times
,
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
,
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
,
Canden
,
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
descended
,
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
prouidence
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
inuasions
,
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
found
out
might
be
the
better
confirmed
.
For
some
haue
giuen
themselues
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
commentaries
,
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
auncient
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
them
,
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
,
Inas
about
the
yeare
of
our
Lord
720.
beginneth
his
lawes
thus
:
Inas
by
the
grace
of
God
,
west
Saxon
King
,
by
the
perswasion
and
instruction
of
Cenred
my
Father
,
and
of
Hedda
and
Erkenwald
my
Bishops
,
and
with
al
my
Aldermen
,
&
the
eldest
wisemen
of
my
people
,
&
in
a
great
summons
of
Gods
Seruants
,
for
the
health
of
our
soule
&
conseruation
of
our
kingdome
,
(
I
haue
enacted
)
that
right
Lawes
and
Iudgements
be
confirmed
throughout
our
kingdome
.
Cap.
1.
That
the
ministers
of
God
obserue
the
appointed
rules
and
maners
of
liuing
:
Then
followeth
Lawes
for
obseruation
of
the
Sabaoth
,
against
theft
,
robbery
,
murder
,
&
many
other
offences
;
and
therein
,
is
mencion
also
made
of
Land-lords
,
of
Tennants
,
of
Rents
,
and
seruices
.
Kennethus
the
most
worthy
Scottish
King
,
soone
after
the
same
time
,
maketh
verye
iust
and
good
Lawes
,
wherof
this
was
one
.
In
euery
Shire
(
this
was
before
Alfred
)
Let
skilfull
men
in
the
Lawes
bee
appointed
to
reside
,
hee
that
blasphemeth
the
name
of
God
,
of
the
Saints
,
of
his
Prince
,
or
of
the
Captaine
of
his
tribe
,
let
his
tongue
bee
cut
out
.
The
most
religious
K.
Alfred
about
the
yeare
880.
beginneth
his
lawes
thus
:
The
Lord
spake
vnto
Moses
these
words
,
saying
:
I
am
the
Lord
thy
God
which
brought
thee
out
of
the
land
of
Egipt
,
out
of
the
house
of
Bondage
,
thou
shalt
haue
none
other
Gods
besides
mee
.
And
so
foorth
as
in
the
decalog
and
other
Iudicialles
of
Moses
.
Then
follow
certaine
lawes
against
periury
,
concerning
Intayles
,
against
Sacriledge
,
Treason
,
Quarrelling
,
Fighting
,
Fornication
,
yea
&
against
immodest
touching
of
a
woman
;
with
other
lawes
of
greate
sinceritie
,
a
manifest
and
approued
Vicar
and
Lieuftenant
of
God
,
a
second
Dauid
,
whose
delight
is
in
the
Lawe
of
the
Lord
,
which
to
confirme
,
the
same
King
translated
the
new
Testament
out
of
Latin
into
the
Vulgar
Saxon
,
for
the
vse
of
his
subiects
,
some
Copies
whereof
(
as
it
is
said
)
are
yet
remaining
amongst
vs
.
So
farre
did
the
learning
of
those
daies
differ
from
the
ignorance
of
these
Romane
innouators
.
Edward
Anno
Dom.
920.
Thus
beginneth
:
I
Edward
K.
commaund
all
G●eeues
that
they
giue
right
iudgements
to
all
according
to
their
iudgement
Booke
.
Alfred
and
Guthrun
thus
made
their
league
by
act
of
Parlament
Ante
omnia
Deum
vnum
&c.
before
al
things
that
one
God
is
to
be
loued
&
Worshipped
.
Secondly
that
humane
Lawes
are
to
be
proclaimed
as
common
to
Christ
and
the
King
.
Then
followe
Lawes
for
payment
of
Tithes
,
for
obseruation
of
the
Sabaothes
&c.
Suffolke
,
Norfolke
,
&
Northumberland
,
to
be
giuen
to
him
to
holde
by
Fealty
of
the
King
.
Edmund
sets
this
preface
to
his
Lawes
:
I
Edmund
King
to
al
my
Subiects
doe
plainely
signifie
,
that
in
a
solemne
assembly
both
of
the
Clergie
and
Laity
,
I
haue
studiously
inquired
of
the
wisest
of
my
kingdome
,
by
what
meanes
the
Christian
faith
might
be
most
aduanced
.
And
to
vs
all
it
seemed
most
comodious
that
loue
and
mutual
kindnes
should
be
maintayned
amongst
all
men
throughout
our
Kingdome
.
Etenim
tae●…et
nos
harum
quotidianarum
pugnarum
,
For
we
are
tired
with
these
quotidian
fightings
and
contentions
.
O
godly
Prince
!
O
true
Vicar
of
the
God
of
Peace
!
Edgar
enacteth
Lawes
for
the
obseruation
of
the
Sunday
,
and
of
publike
feasts
and
fasts
vnder
the
paines
contained
in
the
iudiciall
booke
.
And
that
euery
man
shall
freely
enioy
the
benefit
of
the
common
Law
.
Note
the
common
lawe
euen
then
named
,
before
St.
Edward
&
the
Conqueror
.
Canutus
the
Dane
thus
:
First
let
all
men
most
deuoutly
&
religiously
worship
one
God
.
Al
men
obserue
one
rule
of
Christian
Religion
.
Al
men
obey
Canutus
the
King
with
due
fidelity
and
obseruance
.
All
defend
and
keepe
the
church
of
Christ
with
holy
&
euerlasting
peace
,
&
continually
frequent
the
same
&c
,
with
many
other
most
Godly
and
Christian
lawes
,
&
after
many
Footesteps
of
auncient
Lawes
,
which
yet
remaine
in
vse
,
he
concludeth
with
a
moste
ardent
exhortation
to
all
men
to
turne
vnto
God
and
to
obey
his
commaundements
,
another
Lieftenant
or
vicegerent
of
Christ
.
Edgar
the
peaceable
confirmeth
the
Liberties
&
rights
of
the
Church
,
&
amongst
other
things
,
enacteth
that
euerie
man
shall
enioy
the
benefit
of
the
common
Lawe
.
Like
matters
are
found
in
the
Lawes
of
Ethelstane
,
Etheldred
,
St.
Edward
and
William
the
Conqueror
,
who
confirmeth
the
same
with
some
small
addition
,
and
hath
left
them
to
vs
consecrated
by
his
owne
othe
,
and
the
othe
of
all
his
successors
.
You
see
then
the
sacred
Maiestie
of
our
Imperaill
Princes
,
whom
God
hath
vouchsafed
not
onely
by
the
confesson
of
strangers
&
enemies
,
but
by
these
their
Lawes
to
be
his
Vicars
&
defenders
of
his
faith
.
And
by
these
things
that
haue
been
said
,
it
may
fully
appeare
,
first
how
sincerely
and
deuoutlye
those
excellent
Princes
followed
the
counsell
of
Elutherius
giuen
to
Lucius
,
in
taking
lawes
for
their
kingdome
out
of
the
word
of
God
,
and
how
true
it
is
that
we
affirme
that
our
auncient
common
lawes
were
begun
in
the
times
of
the
first
Britains
,
grounded
vpon
the
lawes
of
God
,
printed
in
Nature
and
Scripture
,
continued
by
the
Saxons
in
their
iudgement
bookes
,
&
transmitted
to
vs
by
Saint
Edward
and
the
Conqueror
.
And
consequently
the
ground
of
Sir
Iohn
Fortescues
testimony
,
that
this
land
hath
bene
possessed
by
Britannes
,
Romanes
,
Saxons
,
Danes
and
Normans
:
And
in
all
the
times
of
these
seuerall
Nations
,
and
of
their
Kings
,
this
Realme
was
still
ruled
with
the
selfe
same
lawes
and
customes
,
which
if
they
had
not
bene
right
good
,
some
of
those
Kings
mooued
eyther
with
Iustice
or
with
reason
,
or
affection
,
wold
haue
changed
or
abolished
them
,
speciallye
the
Romane●
,
who
did
iudge
all
the
world
by
their
owne
Lawes
.
Thirdly
what
direction
and
Presidents
our
Princes
and
Parlaments
haue
had
to
follow
in
making
Lawes
,
and
what
Lawes
the
whole
Kingdome
is
bound
to
obserue
,
by
that
solemn
othe
that
is
taken
for
the
obseruation
of
St.
Edwards
lawes
and
the
Lawes
of
the
Realme
,
as
partly
also
is
noted
vnto
vs
in
the
preface
of
that
famous
Statute
,
made
against
Prouisors
in
the
25.
yeare
of
King
Edward
the
third
.
And
lastly
what
reason
may
be
giuen
of
the
manifold
calamities
,
sent
by
Almighty
God
,
the
most
iust
&
seuere
judge
at
sundry
times
vpon
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
violence
of
Idolatry
,
superstition
,
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
contrary
side
,
if
we
consider
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
,
them
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
kingdome
,
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
,
Deus
non
deseret
.