OF THE ANCIENT laws OF great Britain.  
Seruato Ius, metue Mortalis Deum.  
George Saltern.  
LONDON Printed for john jaggard, and are to be sold at his Shop in Fleetstreet, at the Sign of the hand and Star. 1605.   

De Antiquis Britanniae Legibus.  

Cap. 1.  
IN all actions, in every election, in every counsel and deliberation, it is to be held for a certain and undoubted principle, that, Only things Godly, just, & necessary are to be done, & that with due invocation of Divine assistance, without the which nothing can be done. So the first consideration ought to be of the end, the second of the means, the third of the effectual working power, which cannot be hindered, which is only the spirit of God all sufficient. 
Gen. 17.1  By this we may see how that ground is to be understood, which some have taken, namely that in all innovations there ought to be urgent necessity, or evident utility. A ground which if it had been used only as it was first proposed by a Pagan, 
Vlpianus.  I would say that it were altogether unperfect & defective, seeing the consideration of Godliness & justice, is quite omitted; but seeing the same is now taken and pressed by Christians, I will desire them to admit a Christian exposition, & to say that Religion, Piety & justice, do carry the weight of necessity and utility, and whatsoever is Godly and just, the same is necessary & profitable, according to the saying of the Apostle: 
1. Tim. 4.  Godliness is profitable to all things & hath the promises of this life and of the life to come. And again whatsoever is not Godly & just, the same is not to be done whatsoever necessity or utility may seem to be in it: as it is written. 
Mat. 10.37  He that loveth Son or daughter more than me, is not worthy of me. And so that ground is much more perfect & absolute which out of a Pagan, is thus expressed:  Seruato ius et metue mortalis Deum. 
How Godly and just a thing it is to establish a perfect Unity in these Kingdoms, for the confirmation of an everlasting peace between them, and by consequence thereof, for the increase and propagation of God's truth and his Gospel, in a former treatise I have showed according to the best of my understanding.  
Now I take in hand to speak of our ancient Laws, and God is the beginning and end of my work. The thing itself is no less fit and necessary for this time to be known, then obscure and difficult to expound. For whether we consider our Statutes enacted since the Norman, we shall find them grounded upon most just and prudent jntentions: or the remnants of our Acts made by the Saxons, we shall see them full of Godly & devout admonitions, or the secret footsteps of the ancient British constitutions, appearing yet in the body of our common Laws, the principles thereof will appear to be the very Laws of the eternal God, written in the two immortal tables of nature & Scripture. The reason hereof surbordinate under the gracious ordinance of the Almighty, was either the blessed disposition of our Princes, whose matches for Godliness and virtue no country but the Cradle of our Saviour could ever afford (as our eyes now do witness,) or the native inclination of our people most apt to be led by piety and devotion, as the greatest number of examples do prove: or the religious & happy counsel of Elutherius to Lucius King of Britain, who having publicly received in his kingdom the faith & Gospel of our Lord, and studying to amend his Laws then unperfect, sent unto the said Elutherius for a Copy of the Roman Laws. The Christian Bishop made such an answer to the first Christian King, as between two such persons ought to pass; As the most high God answereth his most faithful servant. 
Exo. 25.40 Inter Leges Sti. Edwardi Lamb. Archaion. Fox ex Antiquo codice See also Monemuthens. Bed. Li. 1. Pontic. vir.  Make all things according to the pattern etc. So writeth this good Bishop. Petistis a nobis leges Romanas et Caesaris vobis transmitti, quibus in regno Britanniae uti voluistis: Leges Romanas et Caesaris semper reprobare possumus, Legem Dei nequaquam. Suscepistis enim nuper miseratione divina, in regno Britanniae Legem et fidem Christi. Habetis penes vos in Regno utramque 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 juxta Prophetam regem.  

Psal. 24.  Domini est terra, et plenitudo eius, orbis terrarum et universi qui inhabitant in eo. Et rursum juxta prophetam Regem, 
Psal. 45.  Dilexisti justitiam, et odisti iniquitatem, Propterea vuxit te Deus tuus oleo Laetitiae, prae confortibus tuis. Et rursus juxta prophetam regem. 
Psal. 72  Deus judicium tuum regi da, et justitiam tuam filio regis. Non enim judicium neque justitiam Caesaris filii enim Regis gentes christian et populi regni sunt qui sub vestra protectione, et pace et regno degunt et consistunt juxta evangelium, quemadmodum gallina congregat pullos sub alis, etc. Gentes vero regni, pulli vestri sunt, quos divisos debe●is in unum ad concordiam, et pacem, et ad fidem, et ad legem Christi, et ad sanctam ecclesiam congregare. etc. This counsel I say might be the reason, and by all likelihood was the reason that our common laws are so much grounded upon the law of God, which I am the rather moved to believe, for that I see our learned judge Mr. Bracton so oftentimes inculcating the sentence of this Epistle, and namely that Rex est vicarius Dei, 
Lib. 1. C. 2.  and deriving such excellent conclusions from it, 
Lib. 3. C. 9  as of Godliness in the Prince and of duty and obedience in the subject etc. And the effect hereof hath been that which is written in the Scriptures: Verbum Dei manet in aeternum. These laws saith the learned Sir john Fortescue have been in the times of the Britons, Romans', Saxons, Danes and normans, 
Fortescue de laudibus Legum.  and if they were not the best Laws, some of those Kings (especially the Romans) would have changed them. Of these things therefore I have to speak matters far above the mediocrity of my knowledge: but that I may the better do it, I humbly beseech thee O true light of eternity! to whom all ages and times are present, to revive the memory of thy glory established by thee in our ancient Laws, lighten my understanding, confirm my judgement, & lead me in the ways of truth and justice, seeing that without thee neither any man can do, nor I can speak any thing.   

Cap. 2.  
ORder of learning, and of the said Epistle doth require, that before I enter into the discourse of our ancient Britain laws, I speak somewhat concerning the Roman Laws, that it may appear that neither the reverend Elutherius was deceived in judgement, nor the Godly Lucius in his choice, nor the learned Fortescue in his testimony: but that our said ancient Laws were, indeed, as well as by the Romans own confession (in that they did not change them) better than their own. I speak as a Christian, for as much as Britain received the Laws of Christ before it knew the government of Rome; but because I would 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 Roman laws: 
Aug. de Civit. Dei. L. 3 Wesembech prefat in Isag. Rival. in hist. jur. de justiniano.  to St. Augustin and of these now extant to Wesembechius Rivallius, Procopius, and others: And for the principles and grounds, I will refer them to consider the particulars of the twelve tables yet in part remaining, and to measure and examine the rules of the Institutes by the words of the Authors, out of which they seem to be taken: Aristotle, Tully, Isidorus. etc. and both by the Scriptures: a work worthy the vacation of a learned man. But for the Laws of Britain, my principal intention before I come to speak of them, I will entreat a little leave to speak somewhat first of law in general, and secondly of the ancient inhabitants of this I'll. For by knowing what they were, we shall the better know their Laws and manners.   

Cap. 3.  
THe Law by Aristotle is called a covenant of the society of men. 
Polit. 1. De Leg.  By Tully the reason and mind of God discerning just and unjust: If we join these two and call it the covenant made by God with the society of men, according to his own reason, 
Ex. 34.27 & 20. v. 5.6 Deut. 5.2  discerning just & unjust: 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 civium, 
De Leg. 2.  civitatumque incolunnitatem vitamque omnium quietam et beatam. Agreeing also with Moses, if Salus et Incolumitas et Beatitudo, be taken for all the blessing of this life, and the life to come. Laws are called Divine or human. The divine Laws are those which God immediately made, first written in nature, secondly described in the ten commandments, & the Scriptures. human Laws are Laws derived out of the divine Laws by application of the general commandments, First to the principal parties viz. to God, to the common estate, and to private men according to the division of the twelve Tables: 
Auson.  secondly to particular circumstances of Persons, things, actions, times, places, Penalties and such like, as the Institutes are divided.  
herehence followeth a conclusion observed also by Tully; that if a Law be made containing any thing contrary to the Law of God, it is not to be called a Law, (though all the world in a joint Parliament confirm it. For neither is it derived out of the general precepts, nor partaketh of the common definition, seeing it is not a covenant of God, but a confederacy against God.  
The property and effect of the Law is first to make a distinction of just from unjust. secondly to command and forbid. thirdly to punish and reward. These things are performed originally and gennerally by the Law of God, and secondarily and particularly by the Law of men. The qualities of a true Law are reckoned up by Isidorus and others. Esse debet Lex Honesta, justa, possibilis, 
Decret. Part. 1 Wesemb.  secundum naturam et consuetudinem, Loco et tempori conveniens, necessaria vel utilis manifesta. etc. A Law must be honest, just, possible, agreeable to nature and custom, to time and place, necessary 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 Law bindeth to knowledge, obedience, & punishment: no man may break it, no man may be ignorant of it, and that which Isidore, saith, when Laws are made, no Man may judge of them but according to them. The exact performance of the Law is called justice, 
5 Ethic.  the moderation of the Law upon consideration of circumstances, is called equity, the contraries to the law are injury, jniustice, jniquity, wrong, force, fraud & such like. Whatsoever is said of the Law of God absolutely, may proportionally be applied to the Law of men. The end of the Law of God is all happiness. That happiness which is the end of human Laws, consisteth chiefly in the conservation of Religion, 
Psal. 72.85.  Peace, and justice, all which things are comprehended by St. Augustin, under the name of peace, which also he maketh the final end of the City of God. 
De Civitate Dei. li. 19  The matters which the Laws do handle, are chief persons, things, places, times, contracts, offences and actions. In this Island, persons appointed specially for the procuration of Religion, are the Archbishops, Bishops & Ministers; for the preservation of Peace are the Nobility, Sheriffs, and justices of peace. For the administration of justice, the judges, professors and Officers of Law. And the King hath from God supreme authority over all, according to the sentence, Rex est Vicarius Dei.  
Other distinctions there be of Persons, but it is not my intention to speak of every difference, but only so much as may serve to give light to the Discourse intended.  
Things also have many divisions, whereof I mean to touch but one, which is that some may pass by course of inheritance, as Lands and tenements: some cannot, as Chattelles.  
Of places, some have sacred privilege, as Temples, representing God by his word. The kings presence and judicial Courts, representing God in power and justice; others are ordinary and common, and of them some are public: as markets, Ways: Some private, as Houses, Shops. etc. Times are likewise divided into sacred and common, the Day, the night, and such like divisions. Contracts have manifold Distinctions, which see in Bracton. 
Bracto. L. 3   
Crimes, are either against Religion, Peace, or justice, and again are considered as public offences, & so Rex pro pace sequi debet, 
Bracton.  in which all the Pleas of the Crown are contained, or as some particular person is interessed, who is to sue accordingly. Again, they may be pursued civilly or criminally. Lastly, actions are distinguished for the most part according to the things which they demand, or the persons plaintiffs or defendants, or the Courts wherein, or the times when. etc. In actions, are these principal parts: Summons, or Citations, trial, judgement, and execution: These points as fit to be sought in other places, & as to learned men, and as myself not half learned, I do briefly pass over, hasting to speak somewhat of the Inhabitants of this Land, and so to that which I intent.   

Cap. 4.  
AMongst the several opinions that have been conceived concerning the first possessors of this Isle, I cannot see any more consonant to divinity, to reason, and the testimonies of best approved Antiquaries, then that which maintaineth the Nations of Britain to be descended of Gomer the Son of japhet, whose children, after the division of tongues, at Babel, spread throughout all Europe, & so replenished this Island, De tractu Armoricano (ut fertur) in Britannian advecti saith the venerable Bede. 
Bed. Hist. Lib. 1.  And to say that any multitude of Cham's posterity arrived here to inhabit, is in my understanding contrary to the grounds aforesaid. For first there is no probability to maintain that the Children or families, descended of one son: as of japhet, were mixed with the Children of the other. For then how should the accomplishment of the prophecy be observed, which God pronounced before by the mouth of Noah? 
Gen. 9  that Chanaan should be a servant both to Sem & japhet, and that japhet should dwell in the tents of Sem: Secondly, it is evident, that almighty God gave to every family of the Sons of Noah his several Language, & his several Country, by these reasons: viz. by the survey of all Nations the Sons of japhet, Madai the Medes; javan the jonians; Tubal the Iberians; Meschech, the Moscovites; Gomer, the Cymbri; Ashkenas, the Tuiscones. The Sons of Cham, Cush, the Aethiopians, Misraim the Egyptians, Canaan the Canaanites: the Sons of Sem, Ashur, Elan, Apachshad, Lud and Aram, every one had his language and his Country, and as I take it the contrary cannot be showed.  
And this is confirmed by the express words of Moses, or rather of God himself, the truest Author: where having named, 
Gen. 10.  first the Sons of japhet by themselves, Gomer and the rest, he addeth this conclusion; Of these, were the Isles of the Gentles divided, in their Lands every man after his tongue, and after their families, in their nations. So having reckoned the Children of Cham, every one by name, he addeth the like conclusion: 
Vers. 20.  These are (saith he) the Sons of Cham, according to their families, according to their tongues in their Countries, & in their nations. The like conclusion he maketh after the ennumeration of the Sons of Sem. And the same point is proved by the History of Abraham, 
Gene. 12  where he is commanded to go from his Country, from his Kindred, & from his Father's house: 
Deut. 32.8.  and again by the Song of Moses, & divers other places of Scripture. So as it is apparent by the words of the Scripture, that howsoever the languages were confounded, 
Vid. August Lib. 16. de Civit. Dei.  yet the several kindreds, and families descended from the Sons of Noah, were not confounded together; but that every family had his particular tongue and country, and were severed from other Families. And it is also likely, that howsoever their speeches were confounded, and their families divided: yet the Sons of japhet had amongst themselves more intelligence one of an others language, than they had of the languages used by the nations descended of Cham, or Sem. For we see the Assyrians, Persians, Syrians, and Hebrews descended of Sem, had more similitude of speech, and writing among themselves, than they had with any the nations of Europe. And so the Egyptians, Aethiopians, Libyans, & 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 sort themselves together, in places of nearer neighbourhood, And thereof it came, that the Children of Sem remained in Asia, The children of Cham went into Africa, & the children of japhet went northward into Europa; as we see the Moscovites, the Thracians, jonians and Iberians, the Sons of japhet to be round about us. Of all which premises resteth this conclusion, that all the inhabitants of Britain are descended from some one of japhets' Children.  
Other testimonies of the Scriptures incline the same way, 
Ezech. 38.  for Gomer and Togarmath his son are called the sides of the North; & learned men do agree, 
Camden.  that the ancient Kimbri or Gomeri, the Sons of Gomer did reign far & wide in one neighbour Countries; 
Sir john Prise.  and the ancient Britons do yet call their country Gimbri. So that in Divinity and reason we cannot choose but acknowledge ourselves to be branches of the same stock, namely the Gimbri of Gomer, & likewise the Saxons & Danes of Ashkenas, and the Scots, If Iberi of Tubal, and all of japhet: But if the Scotti will confess themselves to be Getae, according to the opinion of the most learned Mr. Camden, then are they descended from Gether, the Son of Sem, as Melanchton showeth. 
Beda. Li. 1. Mel. Ch. 1. Camden. Folidor vir. Lib. 1. Sir john Prise.  And to these opinions the reasons and authorities of best antiquaries do concur, which he that desireth to see, may peruse them in Mr. Camden and others, neither will I prejudicate any man's opinion, (though to me somewhat improbable) in deriving us from the Trojans, so as he derive the Trojans themselves, from Ashkenas which will come to the same effect. Taking therefore the former opinion, or howsoever it be, the inhabitants of this Isle being by all men's confession, a most ancient nation of the posterity of japhet, and who (as Gildas seemeth to say) had at the first the knowledge of God; 
Gildas cited by Polidor.  it standeth with reason, & with best warrant of authority, to think they were governed by such Laws, and institutions derived from the Principles of the first age, that is from the Law of God written in nature, as most of the ancient nations did embrace, & very near to those which the Godly S●●, in whose tents God persuadeth japhet to continued, delivered to his Children; of which I intent to perticulate some hereafter.   

Cap. 5.  
I Have spoken of the Law in general, and of the first inhabitants of this Land; and I have to speak somewhat in general of the Laws instituted by our Christian King Lucius upon receipt of Elutherius Letters, meaning to descend in to particularities, by easy paces and degrees.  
But in setting down things of so ancient time, whereof remain but few Histories, through the rage of the Romans and other savage idolaters, the scourges of this kingdom, in her godly infancy; Lest I should seem to speak too much of mine own brain; I would entreat every prudent, sober, & Christian Politician, first to examine the contents, and sentences of that godly Epistle, & secondly to consider his own mind, and to unfold his secret understanding, what he himself would have done, & what he would think fit to do, it he had been then King Lucius, or of counsel with him, having received such a Letter as before is set down?  
Touching the Epistle itself, it containeth an answer to the demand of King Lucius. The demand was, to have the Laws of Rome and Caesar. The answer consisteth of two parts; a Rejection, We may (saith he) always reprove the Laws of Rome & Caesar, but not the Laws of God. And an exhortation, to take a Law for his Kingdom, out of the Law of God. This he enforceth, with divers reasons and sentences of Scripture, which with an admirable consent, do every one prove each other, and every one the several parts of the answer.  
First you are God's Vicar, therefore you must rule by God's Law & not by Caesar's. The earth is the Lords, therefore it must be ruled by the laws of the Lord, and not by Caesar's. God hath anointed you to be King, Caesar hath not anointed you, therefore etc. O God, give thy judgements to the King, therefore not Caesars: what then would you do, being a godly Christian, upon the reading of such a Letter? Let our most Christian King St. Edward give us counsel; who in his Laws, 
Lamb. Arch.  taking the words of this Letter for his groundwork, saith thus:  
Rex autem, quia vicarius summi regis est, ad hoc est constitutus, ut regnum terrenum, & populum Domini, & super omnia sanctam tucatur Ecclesiam eius, & regat, & ab iniuriosis defendat, & maleficos ab ea evellat. And a little after, he showeth how this may be done: Debet vero Rex Deum timere super omnia, & diligere, & mandata eius per totum Regnum suum servare. Debet etiam, sanctam Ecclesiam regni sui, cum omni integritate, & libertate juxta constitutiones patrum, & predecessorum servare, fovere, manutenere, regere, & contra inimicos defendere: ita ut Deus prae caeteris honoretur, & prae oculis semper habeatur. Debet etiam bonas eges, & consuctu dines approbatas erigere, pravas autem delere omnes, & a regno deponere. Debet judicium rectum in regno facere, & justitiam per consilium procerum regni sui tenere. Thus saith St Edward, but if the counsel of so excellent a King do not resolve you, yet in the mouth of two witnesses let every word be confirmed, and peruse the words of a most excellent Counsellor and Lawyer, I say Bracton, lib. 3. cap. 9 who there speaketh to the same effect, 
Bracton.  grounding likewise upon the same golden foundation. Rex est Dei Minister & Vicarius; Potestas itaque sua juris est non iniuriae, Potestas autem iniuriae Diaboli est, non Dei, and so after to the like effect, as St. Edward had spoken.  
I think therefore, there is no man but will say that King Lucius did accordingly: namely, that according to the contents and directions received, he did call a Counsel or Parliament, a thing used in those times, as I will show hereafter: He did survey the State and Laws of his Kingdom; that which was agreeable to God's holy word he did confirm, and that which wanted he did newly enact. Reason's persuading me to think, that King Lucius did so, are these: First his Godly zeal, which would never have written to Rome for Laws, without a great desire, to have the best laws to govern his Kingdom; and to my understanding it is senseless and absurd, to say that when he had received an answer so good & agreeable to his desire, that he would leave it unfollowed and unperformed. It cannot be said that he wanted will, seeing he sent for Laws, nor that he wanted time, opportunity, power, or consent of his Nobles or people, seeing all, or the most part, yea the Druidae and Flamnies embraced Christian religion together with him, 
Beda, ponticus virum. Polidor Monemuth.  as our Histories testify; and he ruled the Britain's long time after in flourishing peace and tranquillity. Again, that he retained some of the former Laws; the common opinion of those ancient Christians of the Primitive age, persuadeth me, whereof I will speak more, when I come to K. Lucius his laws. Yet by the way one text will I cite, out of junius, 
jun. in epistola, ad Politiam Mos.  who saith that as long as Heathen Emperors, & Kings held the rains of government, the Christians gave not their minds to dispute the question of the use and authority of Moses Laws; but when the State changed, & Christian Emperors were advanced, than those most sapient & orthodoxal Fathers, seeing it most expedient to turn about this world, without any greater noise, forbearing the troubles of secular affairs, left the authority, both of making laws & giving judgements to the ordinary Magistrates; but if any were instituted Contra Rectam Rationem, quam in natura et scriptura explicavitus De; against right & good reason, which God in nature & Scripture hath described, that either with gentle & calm admonitions they procured to be amended, or patiently suffered, if it were incurable, lest the whole common good (which Augustin before called Peace) should be stirred in hope of some particular; For, that many times the importunity of men bringeth to pass, whiles they seek to cure one evil, they shake and weaken the public estate. In which words besides the point in hand, is much to be observed, that nothing ought to be in the Law against reason: which is the universal Maxim, the main foundation, and as I may call it, the abridgement of all our common Law, which here you see to be the rule of those ancient fathers, and affirmed to have been expressed by the Divine wisdom of God in nature and Scripture. This is it whereby all our questions, and controversies, all our arguments and judgements, all our Statutes and customs, are ruled and overruled, enlarged and corrected.  
But again to our purpose, St. Augustin speaketh much to the same effect. 
De Civit. Dei. lib. 19 C. 17.  Haec ergo caelestis Civitas dum peregrinatur in terra etc. This heavenly City whiles it is in Pilgrimage upon earth, calleth Citizens out of all nations; and in all tongues, assembleth a Pilgrim society; not regarding the manifold diversities of manners, Laws and customs, not repealing or destroying any of those things, whereby the terrene peace (so I read) is either procured, or preserved, but rather keeping and following that, which although it be diverse in diverse nations, yet still is intended to one and the same end of Terrene Peace, so long as it is no hindrance of the Religion, whereby the only supreme and true God is taught to be worshipped. To the same effect he speaketh again in the nineteen Chapter of the same book.  
These authorities therefore lead me to believe, that King Lucius retained such of the ancient institutions, as were not Contra rectam rationem (as junius saith) quam in natura et scriptura explicavit Deus. And that he did take some part of his Laws, out of the Scriptures, is proved by the testimonies of our Chronicles, compared with the words of the most Godly & religious King Alfred in his Laws. 
Lamb. Arc. Higden Pontic. virun: Galf. Mon.  The Chronicles say that Gildas the ancient Godly Britain Priest who lived not much more, than 500 years after Christ, and not much above 300. after Lucius, translated the British Laws into Latin, & afterward Alfred the Godly Saxone Prince, translated the same into Saxon; and so continued them to posterity. 
Lamb. Ar.  Alfred in the entrance to his Laws, setting first the ten Commandments, and many judicial Laws of Moses, and last the Apostolical Epistle directed to the Gentiles, mentioned in the Acts, 
Acts. 15  which he concludeth with these words used in some translations.  
That you will not have done yourselves, do not unto others; windeth up all with this conclusion: By this one commandment (saith he) it is evident enough, that Law and right is to be given to all men equally. Neither shall we need of any other, whatsoever judicial book, only let this be infixed in the mind of him that sitteth as judge upon others, that he give no other sentence of other men, than he would have to be given in his own cause.  
But in the propagation of the gospel (saith King Alfred) when many men believed in the word of God, than many Synods were gathered; and also in England, the Bishops & other the wisest men assembled, who being taught by the mildness of Christ, did set upon every first offender a pecuniary pain, the levying whereof they committed to the Magistrates. etc. And a little after. 
Lamb. Archaion.  These I Alfred the King have gathered together and committed to writing.  
Then speaking also of the laws of later time, he addeth that there were many things, also which he thought fit to be observed in the acts of Ina, Offa & Ethelbert: but the former words are plainly spoken of the Laws here established upon the first receiving of the Gospel by King Lucius, & do fully prove that the counsel of El●●herius was followed, but with the mercifulness & mildehartenes of our Lord christ after the Saxon phrase, and the Synods which Alfred speaketh of in the first arrival of the Gospel, were the Parliaments of Lucius, whose course that it was such as I have said, I pray you see also by that which followeth, wherein I will first speak of the remnants of the Laws of nature, secondly of the ancient British Laws made before and by Lucius, and lastly of those that followed until the Norman.   

Cap. 6.  
IT is manifest in Histories, both sacred & profane, that the most ancient Nations had their Kings or Princes, their Priests, their Elders or Senators, and their Dukes or Captains: 
Cic. 3. Leg. Gen. 18. job. 12. Psa. 105.21  and this seemeth to be according to the Law of God & Nature, & it is seen in the Histories of Egypt, judaea, Madian, Arabia, Greece, Italy. So Caesar found in Britain, Reges, Druidas, 
Caesar.  Principes, et Nobiles Deuces. For it is to be noted, that where he nameth the four Kings of Kent, he showeth withal, that they were all subject to C●…s●ibellan, and calleth Cing●torix Nobilem ducem, which proveth that he meant by Reges (as commonly the Romans understood) men of nobility, power & government, though it were but in one City, as he saith of Immanuentius in London, who perhaps might then be a Lieutenant of the city, 
Proaem. L. 2  as the Lord Maior is now, and so doth Polidor take it, saying that they were four Princes, such as we now call Earls or Dukes.  
It is proved also amongst Antiquaries, that the famous Belinus and Brennus, & it is not hard to be proved that Mulmutius and others were Kings of this Island, 
Bed. Lib. 1.  and Beda the most faithful Historian saith literally, that before the year six hundred after Christ in Britain, Seruabant ut cuuque Reges, Sacerdotes, privati, et optimates suum quique ordinem. But of the ancient Kings as likewise of their Elders or Nobles, I find two sorts, the one fatherly, and the other tyrannical. the first having and maintaining the authority of the first age, 
Aug. de Civit. 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 Son: the Fathers of inferior families, yet populous and great, were Elders, or Princes; as Abraham, Isaac, jacob, and job. Such there were in Britain, as Caesar & Gildas do show. The second sort obtained their authority by war, violence or Rebellion, as before the flood, Cain and afterwards Nimrod, Esau and the like.  
And of this sort there was also in Britain whose times Gildas calleth vetustos immanium Tyrannos annos. 
Gildas in Epistola.  But as I take it the most ancient Nobility of Britain had a name signifying as much as Elders or Senators, as they had in other Countries before mentioned. Of that signification there is a name in many ancient records to be found, a name of ancient nobility, which importeth in signification an Elder, which I take it was the name of that first & most ancient British Noble man. The name itself is Thane, and I find this name used for a Noble man in this Island in Denmake & in Ireland. It must needs be a name proceeding from some of the nations that reigned in these Countries, but neither the Romans, nor Saxons, nor the Danes, nor the Irish, can give a reason whereby to claim it as a word of theirs: Only the Britain's have a word most near, both in letter, signification & use. For where the Danes call a Lord or a Noble man Thane, as the Britain's did, and where the Irish call him Ta'en, which by reason of his Eldership is next to succeed in some Lordship: yet neither of them give a reason for it: only the Britain's use the word Heane, or Hane, to signify an Elder; which answereth to the word Thane, as I said both in letter, signification & use. And to verify the saying that all things make an Harmonious consent to truth, The History testifieth, that the Saxons immediately after their coming into this Island, called their Nobles by a name of the same signification viz. Earls or eldermen, a name of Nobility unknown in their own Country; where (as I take it) they are called Graves or Greues, signifying a governor which name also they brought hither, and it remaineth in some use to this day: But the name of Elder they learned of the Britain's.  
And hereunto agreeth the text extant amongst the Laws of St. Edward. Sicut modo vocantur grieve, 
Lamb. Archaion  qui super alios perfecturas habent, ita apud Anglos antiquitus vocabantur Ealdermen, quasi seniores, non propter senectutem, cum quidam adolescentes essent, sed propter sapientiam. Et similiter olim apud Britones temporibus Romanorun in regno isto Britanniae vocabantur Senatores qui postea temporibus Saxonum vocabantur Aldermani. And to say that the Britaines used the name of Senator, or borrowed this name of the Romans, is very publicly, for they lived in perpetual hatred and hostility with them, as they showed upon a●l occasions, & followed not their laws, nor institutions in any thing: but by constraint, seeing them to be Pagans, Idolaters, oppressors of their liberty, and persecutors of their Religion.  
Neither doth Beda nor any other Historian speak of any Laws made in Britain by the Romans, nor of any judgements by them exercised: but of those (if they be to be called judgements) whereby Albanus & other holy Martyrs were most cruelly put to death. Therefore I conclude that the Britaines took this name & other institutions, not of them, but either of the ancient statutes of nature, or of the latter restitution by the Gospel. These Nobles therefore together with the Priests & other selected commons, made the common Counsel of this Island whereof Caesar speaketh, and which at this day is called the Parliament, and in the most of our Histories called consilium Sapientum. In the Laws of Edward before the conquest, & in the Laws of King Ina made about the year 720. after our Lord Christ, there is mention of these Parliament consisting of these degrees of men.  
An hundred years before that, we read that Bertha the Christian Queen of Kent procured judgements to be established Cum consilio sapientum, 
Bed. Lib. 2  that is by the Parliament, where also the venerable Bede speaketh warily, saying that it was after the example of the Romans, but not saying it was after the Roman manner. An hundred years before that again in the time of Arthur the warrior, we read of Parliaments, and the most learned King Alfred in his laws saith plainly, that upon the propagation of the Gospel, 
Lamb. Ar.  Nonnulli tam in Anglia quam in alijs regionibus Episcoporum aliorumque clarissimorum sapientum conventus agebantur, which could not be after the Roman fashion: & whosoever observeth the circumstances of the matter, he shall perceive it evidently to be spoken of the time of King Lucius (as I said before) for in his time being peaceable, the Gospel was first publicly received, 
Beda Galfrid. Monun. Polidor.  and after his death, this Kingdom continually laboured with intestive wars, in which it was almost impossible to gather counsels, and to establish Laws and government as he speaketh. And as it was in this south part of Britain, so was it likewise in the north, as appeareth by their Chronicles. They had Kings, Priests, Nobles, and Parliaments, agreeable to the form of government of the most ancient Kingdoms, and to the Laws of God written in Nature & Scripture: & in this form consisteth the estate of both the Kingdoms of great Britain even to this day. And thus much concerning the principal persons, whereof the body of our state did and doth consist: the next thing to be considered is, of things according to the proceed of the institutes, but because nothing can be without a place, and we shall have better occasion to speak of the division, property and dominion of things hereafter, I will therefore under correction, entreat now somewhat of the ancient division of this Island, the common place & subject of our discourse, and of the judgements therein anciently used.   

Cap. 7.  
IT is thought by some, that this Island before the coming of the Romans, 
Camden.  was rude and barbarous: & by other, that King Alfred was the divider of this Island into such Shires and portions (for so the word importeth) as at this day we see. But these two opinions to be true in general, I cannot yield; for if I understand our stories, it will easily appear that this land was anciently long, before alfred's time, divided almost into as many parts, & in like manner by the several families or nations of ancient Britain's, which are thus reckoned by Hooker in his 2. Book 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, brigants Parisi, Ordovici, alias Ordoluci, C●…ti●uchlani, Coritani, Trinobantes, Dem●te, Cangi, Silures, Dobuni, Atrebatij, Cantij, Regni, Belgae, Durotriges, Giruij, joeni, Tegenes, Cenimagni, Segonti●ci, Deiri, Venedoti, Bibroci, with some other whom he and others name. And of these some (as Mr. Camden plainly showeth) possessed one, 
Camden Britann.  others two or three of these Shires which now are known, & these nations of Britain's are in part named by Caesar, others by Mr. Camden, Polidore and others. So that King alfred's division seemeth not altogether new, but rather a reviving and more exact description of the old. And this is confirmed by the testimony of Polidore, who in the laws of Mul●●tius maketh mention by name of Counties, or Shires. Or those Laws more shall be said hereafter: In the mean time it appeareth that this land was divided into portions, or shares, 
Higden Polichron Huntingdom.  even by the Britain's. There were also amongst those Britain's, even before Luc us & Caesar's times, divers great Cities, whereof 28. are named by our Chronicles, and some of them by Caesar, 
Iter Britan See the description of England by Hook●r.  besides Towns and Castles innumerable, as Huntingdon saith and as appeareth by the ancient Iter Brittanniarum described by the Romans, which are no signs of a barbarous people. For if civility take his name of a City, or Citizen; & Cities, & Citizens cannot be ruled without goodlawes, the Britain's were civil, and ruled with good Laws which were Citizens of many great Cities. And the inconstancy of Caesar and other Romanists is here to be noted, which call the Britain's barbarous, and yet confess that they had many good Cities, Kings, Nobles, Governors, discipline of war, and peace, commerce, and traffic with foreign Nations, and all other parts of civility. And the question of P●lidore is somewhat ridiculous, when he asketh whether any man ever read of Canterbury, Bath, Carle●, or Leicester, in Caesar, Tacitus, Straho or Ptolemy. No gentle Mr. Polidore; but in Caesar we read of the City of Trinobantes, and of other Cities, and of the City of the brigants, Londinium, Loventium & Maridunum, in Tacitus and Ptolemy, & yourself confess in the same book that it was a Law among the Britain's, that the inner parts of the Island should not be discovered to strangers. As for the fastness of Cassibellan, and the painting of their faces; if the story be well examined & circumstances compared, it will easily be proved that such things were not originally in the government, and manners of this our country, but were the wild fruits of long continued civil wars, that raged amongst them, proceeding of tirranies in their Princes, superstition and Idolatry in their Priest's rebellion, sedition, murders, thefts, adulteries and disobedience in the Subjects, some of which things are to be gathered by the words of Caesar, and all of them are laid to their charge by Gildas, 
Ephes. 5.  and other Histories. For such things procure the wrath of God to be powered out upon them (as saith the blessed Apostle,) as Italy, France and other Countries have, by that means received some barbarous touches, and Ireland yet wasted and subject to great calamities & desolation, is an eye witness of the same experience, which heretofore was governed with peace ad civility, and now hath many examples extant of strange immannities. And as these are the just plagues inflicted by the divine justice upon our Neighbour Island for the contempt of the Gospel, and such offences as aforesaid: so were the same inflicted in those times upon the Britain's for treading under foot the light of nature, and the knowledge of God (which Gildas signifieth that the first inhabitants had) & many excellent doctrines of Religion, & of justice, which were but obscurely, & in part preserved by the Druidae and some few of the better sort.  
But to return where we left, as in other things the Britain's maintained the manners of the ancients, 
Diodor Sic.  so in that ancient division of this Land into several Nations and families, the most antic manner of great nations was observed. For not only amongst the Hebrews, but amongst the Persians, Athenians, Romans, 
Xenophon ●●uy. et all.  & in this Island the Scots being freer from public invasions, had the like divisions, being a point of civil government, very necessary for many good and Politic constitutions, and therefore used and preserved amongst all the primitive Nations, as agreeable to reason and nature, and is to this day observed as most consonant to the word of God.   

Cap. 8.  
AS in the distribution of persons, and of the land, the Britain's were politic and civil: so in their proceed of Law, in their judgements, 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 john Prise in his book to King Edward the sixth, 
Sir john Prise. Historiae Brit. Defensio.  proveth that all learned sciences, were known and handled amongst them. To his book I send those that are desirous to be satisfied in that point. And although it may be strongly inferred that a Nation given to the studies of all excellent learn, must needs be polished with good laws: yet for the more clear evice hereof, I purpose to show that their laws in particular were most just & good, as being derived out of the law of God, written in nature, and in Scripture; and for that reason not altered, but transmitted to posterity, and that they do yet remain amongst us, as I said before. First of all under favour I cannot agree, the opinion conceived by Gratian that all things by the Law of nature, were common, 
Part. 1. Dist  but as I take it the distinction of properties was enacted by Almighty God in the beginning, & by him imprinted with other Laws, in nature, by virtue of the words, 
Gen. 1. verse 28.29.  Bear rule over the earth: which gave to man, both dominion and property of all things. And to prove that it was so, & that it was so understood, 
Gen. 4.  it appeareth by Cain and Abel, who in the very beginning were several possessors of grounds, Lands, Sheep, fruits of the earth, and Cities inhabited, and in the Histories of Abraham, job, and other the patriarchs, there is mention made of buying and selling, and of divers offences punished by Law. But by what Law, if not by the Law of nature? And if the Law of nature be the same which is contained in the Law & the Gospel, as Gracian in the first entrance of his distinctions affirmeth; If the term commandments be an abridgement or exposition of the Law of nature, as he saith in an other place: And if distinction of properties be enacted, & the desire of other men's goods forbidden every where in the Law; the Gospel, and the ten commandments; then is Gratian in this point, contrary unto himself. But that it is so forbidden, appeareth by the eight and tenth Commandment, and in the first to the Romans, where Covetousness even in an heathen man is accounted for a sin, 
Rom. 1.  which could not be but by the law of nature, as it is in that place urged. For where there is no Law, there is no transgression saith St. john, & other law there is not to condemn a Pagan. Therefore, taking that for a point not hard to be proved, and which all laws have taken as a principal, confessed by virtue of that law which is every where the same (howsoever some authorities have swayed to the contrary) we find partly by the words of Caesar & Dio, 
Arist. Eihic  that this Island had her own laws concerning the division of grounds, inheritances, judges, & the distinction of properties, that there were certain courses of proceed, and that there were punishments for contempts and offences. 
Dio Lib. 53  First Dio saith that 20. years after the coming hither of Caesar; Britannia suis Legibus usa est; Britain used her own Laws, and what these own Laws of Britain were, Caesar showeth: his words be these: Druidae fear de omnibus controversiis publicis privatisque constituunt, et si quod est, admissum facinus si caedes facta, si de Haereditate, definibus controversia est, ijdem discernunt, praemia praenasque constituunt, si quisaut privatus aut populus, eorum, decreto non stetit, sacrificijs interdicunt. The Druidae saith Caesar (whose discipline he affirmeth to be found out and most perfect in Britain) do judge for the most part of all public and private controversies. If any offence or Homicide be committed: or if the controversy be for bounds or inheritance, they do determine it, appointing punishments & rewards; If any private man, or corporation stand not to their decree, they forbidden them their sacrifices. etc. under the names of offences and Homicides, he comprehendeth all criminal causes, under controversies of lands or inheritance are contained all civil actions; by the words of controversy, judgement, determination and decree, he showeth that they had a certain form of proceeding: by punishments and rewards, he showeth that their sentence was compulsive.  
So this testimony proveth that they had a settled form of judgements in those three main parts, whereof justinian hath composed his whole work, I say De personis rebus et actionibus. To touch a few particulars, it must needs be inferred upon Caesar's words, that they had a certain form of conveyance and course of inherit●●ce in their lands. For else how could controversies of inheritance and Lands arise to be decided in judgement? Now if any man consider well of our ancient form of conveyance by Feoffment and Livery, and the solemnity thereof used, not only after, but before the conquest, 
Histor. Ely.  he shall find it to be are like of the fatherly age, wherein the Law of nature was with great wisdom observed. 
Gene. 23  For if you compare it to the assurance of Abraham, you shall find like preciseness of words: I give thee (saith Ephron which is & ever was, our ancient word, Do or Dedi. Like description of things: The field of Ephron in Mach●clah over against Mamre, the field and the Cave and all the trees etc., like assistance of witnesses; in the presence of my people; and that was also our manner, even before the Norman conquest, and I can find no beginning unless I bring it to those ancient times. Our word of inheritance (heirs) & that thereby th'eldest Son should inherit, is either taken from the same law of nature, and examples of the patriarchs, as Sem was heir of Noah and japhet was appointed to dwell in his tents. God saith to Abraham, Izhak shallbe thine heir, & Izhak made jacob his heir; 
Ierim. 49.1  Claim is made to some part of the Land of Israel in the name of Israel's heirs: Or else it was instituted by K. Lucius after the example of God himself, who made Christ the Lord & heir of all things, 
Hebr. 1.2  and adopteth us in part only to be heirs with him. Lastly, also the manner of our succession by inheritance, & how one heir is to take after an other, as they are in degrees of proximity, 
Report. 3.  is by the most exact reporter of our Laws Sr. Edward Cook (his majesties Attorney general) collected and declared, upon the judgement of God, in the case of Salphahads' daughters, 
Numb. 27  cited in Ratcliffes' case; where he also observeth, that in this point, as almost in all others, the common law is founded upon the Law of God. And this our manner of conveyance, and limitation of inheritance, I have not read of in any other nation, neither can find any other beginning for it. For other conveyances, I find 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 learn of Sir john Prise, 
Desensio Histor. Brit  who setteth down words of King Henry's Patent, as I would King Henry had done of the other. Also there are many other ancient Charters yet to be seen of manors, lands and liberties, granted to Abbeys, Churches & other Religious houses long before the Conquest; as of King Kenredus to the Abbey of Euesham, of others to the Cathedral Churches of Landaffe & St. Davies etc. But of all other, most excellent is the Patent procured by Turketulus Lord Chancellor, & Lord of threescore Manors, who surrendered them all to King Eared, and obtained six Manors, which are also named by Ingulfus, to be granted to the abbey of Croyland, together with many ancient Customs and new liberties; by which may be understood the use of the Common law then and long before. Concerning also the Manner of suits in Law, & taking distresses or pledges, & that the defendant should find sureties or mainpernors, a thing very ancient, whereof we read in the laws of King Ina, 
Lamb. Arc.  & yet continuing amongst us; I find some such matter noted by job, where he speaketh of taking pledges, 
job. 17.3. et 24.3. et 9  and desireth that God would put in surety to answer him.  
Also the particular Laws of distresses do prove that they are taken out of the word of God. For by the common Law no man may distrain a Millstone; 
Deut. 24.  a thing specially provided by God himself. Our ancient kinds of punishments, as by imprisonments, Fetters, Stocks. etc. are named likewise in several places by job. Capital executions are derived from the Law given to Noah; whosoever sheddeth man's blood, 
Gen. 9.6  by man shall his blood be shed. Lastly our punishment by utlary seemeth to be most ancient, & of the same beginning; for take Bracttons' description of utlary, and compare it with the words of Caesar, and both with some passages of Scripture: and you shall find them agree very near together. Bracton thus describeth the forfeiture of utlary. Forisfacit patriam et regnum, et exul efficitur, 
Bracton.  et talem vocant Augli ut lagh, et alio nomine vocari antiquitus solet, Friendlesinan, et sic videtur Forisfacere amicos; Si quis cum eo communicaverit aliquid, eadem paena pumendus est; Caput gerit Lupinum. And so forth at large, which Mr. Stanford thus briefly comprehendeth. 
Stant. L. 3.  The out law forfeiteth his country, his friends, his peace, his law, his right, and his possession: which is true every way, but to be understood according to the several natures of utlaries that are amongst us. Now Caesar of the Druidae saith thus: 
Caesar.  Si quis eorum decreto non stetit, sacrficijs interdicunt. Haec paena apud eos est gravissima. 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 ullus communicatur. Confer this with the sentence pronounced against Cain, Thou art cursed from the earth, 
Genes. 4.  when thou tillest the ground, it shall not yield her strength to thee; a vagabond and a runagate shalt thou be in the earth.  
Thus he forfeited his Country and his possessions, the profits of his labour, & of his ground, his friends and his peace. And this is the nature of our utlary used to this day in capital offences, but in lesser contempts more easy and tolerable. Now of these things before described, have consequently followed all our proceed, aswell in Real as in personal actions; for the process of distress in the parsonal, was but the taking of pledges of the defendant, for appearance, and the process by Cape in the Real, was but the seizing of the Land, for a surety to the same prepose; from whence also many other secondary conclusions of reason have necessarily ensued, as the return and loss of Issues, defaults, contempts, forfeitures, etc. Further in our Chronicles we read of Lords & tenants in the days of Gorbonian the good, 
Galfrid mon.  and of fealty sworn to the Prince in the time of Elidurus the godly, 
Pontic. virum.  which of necessity were accompanied with tenors, services, distresses, and such like: And thus much be spoken of the ancient visible footsteps, of the law of nature, which were before Lucius; Of which you may read also in the learned discourse of the above named, Sir Edward Cook before the third Book of his Reports, where he citeth the sentence of Caesar: saying that the discipline of the Druidae was found out in Britannia, and that we had some forms of proceeding from the Greek; which may well be; but you see the grounds and beginnings are much more apparent to be seen in the records of that first age described in the sacred History, & do yet remain amongst us.  
Now followeth to speak of the ordinances instituted by our ancient Britain Kings, agreeable to the word of God; and to this day also remaining: and first of the Laws of Mulmutius & others which were called the Marchen law.   

Cap. 9  
ALthough concerning the History of Brutus, there may be some reasons to doubt which learned men have gathered, yet, why there should not be one Brit or Brute King of this Land, whose Pedigree Sir john Prise out of an ancient Chronicle deriveth from japhet: And if there were no such Brit, yet why the whole History of Britain Princes should for the fabulous interposition of one or two men be rejected, as some have done? I see no reason seeing the concurrent testimonies of divers British monuments of great credit, which Sr I. Prize citeth, & the concordance of the Scottish History in many things, and that of some of those Princes remains to this day, apparent monuments of others credible Histories, of others the most inevitable testimony of ancient Laws. The learned Mr. Cambden a judicious examiner of these things, 
Cambden in Britanniae  offereth to prove that the famous Brennus that overran Italy, was King of Britain, (a thing which the said Sr. Io. Prise hath already most learnedly performed:) to me it is as well proved that Mulmutius his Father was King likewise of this Land: neither do I think the wars of the one so glorious, as the Laws of the other. But if any be so wilfully ignorant, as to deny, not only the History of Brit, but of his successors: Let them name if they can imagine, who built these ancient Monnuments, Ludgate, Bellingsgate, Caerebranke or the City of York, Carlisle, and Caercoil or Colchester and such like? and who made these ancient Laws, called the Mulmutian, 
Ponticus virun Lib. 2. Higden. Cest lib. 1. Galfrid mon. Baleus. Hooker. Pol. virgil.  & Mercian Laws, of which we have to speak. Many writers which without question did see, or might see and read the writings of Gildas the wise Priest, and Alfred the excellent Prince, do constantly avouch that Mulmutius Dunwallo Father of Belinus and Brennus, established those Laws which were afterward called Mulmutinae, which Gildas translated into Latin, as he confesseth himself (say they) and afterwards King Alfred turned them into English. Out of which words I gather these observations, first that there was such a King and he made these Laws without question. Secondly that these Laws were very just, for else such men as Gildas and Alfred would not have translated and preserved them. Thirdly that they do yet remain amongst our common Laws, although hardly to be discerned which they be: for the same writers testify that they being mingled amongst the laws of Alfred, were by St. Edward reduced to one common Law, which the Norman yielded unto, and himself and all his successors are sworn to observe them. 
Pontic. virum Monemuth.  And so say virunnius & Monemuthensis. Leges Patris quae Molmutinae dicebantur instituit inter Britones quae usque ad hoc tempus celebrantur inter Anglos. So also saith Higden: where speaking first of the Marchen Law, containing both Laws of Mulmutius and Mertia, and of the Dane Law, & west Saxon Law, Ex his tribus Legibus (saith he) Sanctus Edwardus tertius unam Legem communem edidit, 
C●strencis. Pol. virgil.  que Leges Edwardi usque hody vocantur: of these three laws St. Edward the third made one common Law, which to this day are called the Laws of Edward. Behold therefore the Fathers, yea and the very name of our common Law. Behold a full proof of Sir john Fortescues testimony concerning our Laws. Some particulars whereof as they were in those times, are also mentioned in Chronicles.  
For by Polidore it is thus recorded: 
Pol Virgil.  Mulmutius ius atque Leges novas, 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 severissime punivit, fecit quamplures vias, decrevit que in quam Latitudinem fieri deberent, ac Lege sanxit earum ius ad Principem duntaxat pertinere: eiusque juris violatoribus, atque ijs qui in illis maleficium aliquod facerent constituit paenas: praeterea ut ne terra vacaret, neve populus rei frumentariae inopia frequenter premeretur, aut minueretur, si pecora sola occuparent agros, qui ab hominibus coli deberent, constituit quot quisque Comitatus aratra haberet, and so forth: where you see that he made laws for Sanctuaries, for weights, for measures: against theft, robbery, and other offences: for high ways & Nuisances, and for tillage and Husbandry: 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 revived by Statutes: and that in those days also the land was divided into certain parts, which are now called Counties. Brecus and Fergusius likewise in Scotland, near about the same time also made Laws for division of their Land into Tribes, hundreds, and wapentakes saith the Chronicle, and for punishment of murder, theft and other offences.  
Again by Higden it is thus recorded Anno mundi 3529. ante Christum 445. Mulmutius King of the Britaines the 23, but the first Lawmaker, ordained that Church's Ploughs, Cities and Highways, should enjoy a Privilege or liberty. This Higden expoundeth to be a kind of Sanctuary, that if any offender did fly to any of these, he should no further be pursued but suffered to escape, which interpretation cannot be made but only of the Church, and therefore to be let pass, as made by a Monk ignorant of Law.  
But our common Law giveth a sound and very consonant exposition. For even from the most ancient times to this day, there is a kind of privilege in use, that these four should be free from distress. For no man ought to be distrained by the beasts of his Plough, nor in high ways, nor in Markets or Churches. This freedom from distress than I take to be the privilege ordained by Mulmutius, chief because it is indifferently common to all the four things above mentioned: 
Marlebr. Cap. 2. et 15 w. 1. Cap. 16 51. H. 3. Art. Cleri. Cap. 9 Fitz. N.B. 90.  & although divers later statutes do confirm & enlarge this privilege to some one or other of the four, yet none of them name altogether, as they were in Mulmutius Law, and by the likeness of the Privilege it seemeth they were joined at first, Also by the words of Articuli Cleri: it seemeth to be more ancient than the statutes. For the Clergy there complained of distresses taken in their glebe as a wrong. Besides some of the writs made upon this privilege have these words Contra Legem et consuetudinem Regne, which for the most part is intended to be the most ancient common Law: yet if this interpretation be not accepted: then take another collected upon the ancient Laws of the Saxons and the Norman. They say that the Church hath a privilege which they call Pacem, and is understood the Sanctuary. The four ways have a peace, which is, that all Nuisances in them shall be amended (note the antiquity of our Laws, of Nusanz.) But for markets and ploughs, no other privilege can be heard of, but only this whereof I have spoken, to be free from distress, which is still continued. And this Polidor seemeth to say, expounding the law of Mulmutius, to be, that the beasts of the plough ought not to be led away for debt, so long as the debtor had other goods. Now if the Privilege from distress was so ancient, it must needs follow that distresses were much more anciently in use as I noted also before. And from the use of distresses by secondary conclusions and deductions of reason, followed many Laws amongst us, yet in common practice; as of Attornments, Replevies, Auouries, Tenors Services: Quid juris clamat, quem redditum reddit. Per quae seruicia & such like, which by necessity must be understood, where distresses are frequent, and so much of the Mulmutian Law. Now followeth of King Lucius.   

Cap. 10.  
BY many steps and degrees I am come to the Lucid star of Britain, well deserving that name, for that in his time, religion, justice, & government, begun to shine more brightly in this kingdom. And in the history of him, & his succsseors the Readers may observe three things: First that this Nation above all Nations of the earth (except the Hebrews) hath had most virtuous, religious & Godly Princes. Secondly that as our ancient laws were most righteous, being derived from the laws of God written in nature: So Lucius and his successors established only such good and just Laws, as were agreeable to Christianity, and derived out of the Scriptures. Thirdly that all calamities of this Land hath proceeded of public & notorious crimes against God and his servants, our good Princes, and against religion and religious laws. Concerning Lucius himself, I cited before the testimony of King Alfred, a witness far above all exception: who saith directly and expressly in his Laws, that upon the propagation of the Gospel, when many men received the faith of Christ as well in England as in other regions, certain Synods, aswell of Bishops, as of other most noble wise men were gathered, which appointed punishments for offenders. And a little after, these Sanctions or Laws, I Alfred King have collected & committed to writing, where he speaketh of certain Synods, of Bishops & Noble & wise men; it must needs be meant of Parliaments, as we showed before. For we read of no general counsel in Britain, and of Provincial Synods, it cannot be intended; where he saith that they were gathered upon the propagation of the Gospel, he signifieth the time of King Lucius, 
Beda. L. 1.  when the Gospel was first publicly received in this Land, For it cannot be understood of the Christian Saxons, for of them he speaketh by name afterwards, saying that he used choice and judgement in refusing some of their laws, and taking others; whereof I infer first that those words before were meant of the first Christian Britain's, (whom he nameth not because they were enemies to the Saxons) Secondly that those British laws were more sincere & agreeable to Godliness then the Saxon. Thirdly that those sanctions by him collected, are some of the ancient common Laws, which yet remain, for that we find no other collection of Laws made by him: But this all Histories testify 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 Edward's laws.  
Besides it cannot be said that these good laws were made by any other, but only by Lucius, for neither was any other of the Britain Princes so Godly & religious, as he, neither had any of his successors such peaceable possession of the Land or conveniency to make laws as he had. For immediately after his death, and continually till the Saxons time, the whole state traveled with foreign and intestine enemies. Lastly the testimony of Polidore confirmeth this, 
Pol. Virg.  who giveth this most honourable testimony of King Lucius: that he left his kingdom aswell Optimis institutis provectum advanced or amended with the best institutions or Laws, as divina religione auctum; so that without question it is that he made some of our Laws.  
But particularly which of these laws or institutions now extant were enacted by Lucius, it is hard to say: yet to speak my opinion, I think first our Laws of fines and amercements was established in his time. For so saith Alfred, that those first Christian Parliaments consisting of Bishops & most noble wise men, being taught by the mercifulness of Christ, did appoint for every first offender a pecuniary pain, where you see not only the thing, but almost the very name of Misericordia, which is used to this day in amercenents, and is afterwards frequently used in the Saxon and Norman Laws, and this was for smaller offences. But for the greatest, the words of Alfred go further; saying of the same first Christians, Proditori tantummodo ac Dommim defertori hanc initiorem paenam haud infligendam existimarunt, quip 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 testimony of Alfred they took the precedent of their Law against Treason, 
Lamb. Arc.  from the examples of Christ and of God. What was that Law? It followeth afterwards. 
In leg. Alf. Cap. 4  Qui capiti et saluti Regis perfidiose infidiabitur vita et fortunis eius omnibus privator. that the Traitor should forfeit, life, Lands, and goods. 
Acts. 1.  So was judas punished and that punishment Elfredus felt being convicted of treason in the days of King Athelstane as appeareth by the said King's Charter, 
Fox in men.  recited by Mr. Fox: here also appeareth not only the Eschet which you see is expressly set down in the words, but also trials, for it would be injurious & vain to set down a punishment for offences, and not set down a course how the offender might be cleared or condemned: and it is most unlikely, that King Lucius and those first Christians would imitate God and Christ in severity of punishment, and not much more study to imitate him in the justice & sincerity of their Trials.  
Therefore I think that the same Lucius ordained our Trials by twelve, & that according to the example of Christ. For, that it is agreeable to the Scriptures, 
Sir john Fortescue.  the learned Sir john Fortescue hath fully proved, and whosoever shall consider of it indifferently, shall find that it is the most righteous and Godly course that ever was found out, and therefore most likely to proceed from the piety of that holy King.  
Also in that purest age of Christianity, 
Gra. Dist. 11. et Dist. 20.  it was held for a ground, that first the Scriptures ought to be searched, whether any rule might be found for the action intended, or not; if not, then Mos populi dei et Sanctorum exempla the manner of God's people and the examples of holy men were to be followed.  
And if holy men ought to be imitated, then who if not our most holy Saviour? as the Apostle saith: 
Ephes. 5 1. Cor. 11.  Be followers of God as dear Children: and be followers of me as I am of Christ.  
Quo est detestabilior istorum immanitas: So much the more is their cruelty to be abhorred, which labour to hide, not only the words, but also the examples of Christ away from us. Therefore I say Lucius did institute the trial of all matters in fact, 
Act. 1, 22. et 10 41. john. 15.27  to be by twelve witnesses, as our Saviour Christ ordained, & chose twelve to bear witness of his resurrection; neither do I find any other law precedent or example from whence this manner of Trials should be taken. But I find that the reverend Elutherius, from whom Lucius had much of his light, used the same rule & practise, for that good Bishop juxta ordinationem Apostolorum according to the Apostles ordinance, 
Fascic. Temp.  did decree that no meats usual for mankind should be refused of Christians; And Exemplo Christi by the example of Christ, ordained that none should be regraded before he were condemned.  
Thus they took a rule or precedent for every thing out of the Scripture. And the authority of Moses to the contrary is not to be objected; for although he saith that at the mouth of two or three, an offender shall die; yet he addeth not the negative, that more should not be used. Therefore the Apostolical Canons before cited, and the example of our Saviour in the affirmative was a better warrant. And it is most apparent that juries were used among the Chsistian Britain's and before the Saxon times; for proof whereof, although in mine opinion, the testimony of the profoundly learned Sir john Fortescue should be sufficient saying expressly that these laws were used in the time of the Britain's, 
Sir. john Fortescue.  yet for the further satisfaction of those that lean to much to the opinion of Polidor and other Italians, I will add more reasons & authorities to the same point. First the most learned Antiquary of our Nation Mr. Camden, 
Camden Britannae.  showeth plainly that it was not invented by the Conqueror, (as Polidor saith,) but it was in use in the days of King Etheldred the Saxon; Secondly the most excellent professor of our Laws, 
Praef in L. 3.  Sir Edward Cook before cited, proveth by substantial records, that this trial was before the Conquest. So there are three witnesses every one of exceeding great learning against one Master Polidor.  Tantae molis erat Romanam excindere gentem. 
Such a labour it is to overthrow these Italian opinions, of which our nation is too fond credulous. But let us go forward, & although my simple discourse can add no weight unto their most grave judgements, especially the last cited, which is grounded upon records: yet under favour, I will adjoin some other testimonies and proofs. In the time of King Edward the third, when by all men's consent our judges were most exactly learned (as in deed it was a time excelling, not only in Martial glory, but in learning and wisdom) I find Mr. Belknap a reverend judge, concurring in opinion, with these before named. 
41. E. 3.31.  The Law (saith he) was founded in this, that every Inquest should be taken Per duodecim liberos et legales homines et non per pauciores. If it were a foundation of the common law, then without question it was one of the first Laws; and we must needs confess that no Law can be without trials, and it cannot be proved that ever any other trial was used, besides this in pleas of land or inherirance in this kingdom.  
But to make it yet more plain, the City of London is and was in the times of the Britain's, by the confession of many learned writers, namely Caesar Tacitus, Ptolemy, Ammianus Marcellinus, Gildas Galfridus etc. a most ancient City, a place of government, & ruled by a governor, the sea of a Flamine or Bishop, not a fastness of the woods as some have imagined upon the general and uncertain words of authors, which never saw it, but frequented and cclebrated with concourse of Merchants & plenty of commerce as Tacitus affirmeth. Now I pray you behold with the eyes of your mind, the form of such a City: and tell me how you can imagine it to stand without a Court of justice, the bond of commerce, for the deciding of controversies? or how you can imagine that such a Court should be without a due form of Trials? But lest I may seem to deal by imagination; for the first point that it had a Court; 
Calf. Mon. Pontic. vir.  Galfridus Monemuthensis and Ponticus virunnius out of the ancient British History, do testify in plain words; that in the days of julius Caesar, Irelgas, Nephew of Cassibellan, being slain by Cuelinus, Nephew to Androgeus' Governor or Lieutenant of London, a commandment was given to Androgeus to bring Cuelinus to the K. Court, there to receive justice: his answer was Seize suam habere curiam, et in illa definiri debere quicquid alquis in homines suos clamaret, si ergo rectitudinem de Cuelino decrevisset appetere ipsam in urbe Trinobantum ex veterum traditione fieri praeciperet. He allegeth that he hath his Court, wherein aught to be determined whatsoever any man laid to the charge of his men, & that right aught to be done unto them in the City of London according to the ancient custom. For the second point, if Mr. Polidor will not give us leave to think that London had this jurisdiction in Caesar's time; yet without his leave, I will prove by many infallible records that the same City of London had this jurisdiction, and namely this trial by twelve in the time of the Britain's, thus:  
This City of London hath and had always from time out of mind their Hustings, & the writ of right in London tryable by twelve; the Assize of Freshforce tryable by twelve; and the trial of pleas of the Crown by twelve; it must needs be that these Liberties were begun either by Parliament or prescription, either in the time of the Normans, of the Saxons, or of the Britain's. But in 14. E. 2. when they must needs have known if there had been any Patent or Act of Parliament, either of the Saxons or Normans for it. A quo warranto in Itinere in Turri London being brought, for these and other Liberties: The commonalty of that City make their claim to the rest by several Patents, but to these by ancient custom and prescription confirmed by Charters in these words. Quoad articulum quod etc. proferunt cartam Henrici avi Regis nunc in qua continetur quod idem H. rex, 16. die Marcijs Anno regni sui undecimo concessit civibus predictis, quod Hustingum semel tantum in hebdomada tenatur secundum consuetudmem civitatis. Et proferunt aliam cartam eiusdem Domini H. Regis in qua continetur quod idem Dominus Henricus Rex 20. die Martij Anno regni sui 52. concessit civibus suis London quod de placitis ad coronam pertinentibus de his maxim quae infra civitatem praedictam et eius suburbia fieri continget, se possunt disrationare secundum antiquam consuetudinem civitatis praedictae. By these Charters you see, that the pleas aforesaid are to be proceeded and tried according to the prescription or custom of the City, & so are the words of the Assize of Freshforce. By the way the reader is to understand, that prescription or custom here, is not said to be the continuance of many years, as 50.60. or an hundred: But that in Law is said to be by prescription, the beginning whereof cannot be proved by any record, writing, or lawul testimony, & such a prescription is here to be understood.  
Now that the custom & such a prescription of London is & was in the Conqueror's time and before, that their trials should be by a jury of twelve, 
Fit. N.B. 6.  all their records testify: The reverend judge Fitsherbert testifieth and most evidently the Record of the Quo warranto above cited testifieth, for so it goeth forward, Quoad articulum predictum quod ipsi de placitis ad coronam Regis pertinentibus se possint disrationare secundum antiquam consuetudinem civitatis; dictum est eis periusticiarios quod declarent Curiae modum et formam huiusmodi disrationamenti et consuetudinis. Qui dicunt quod Antiqua consuetudo civitatis est quod siquis liber civitatis aliquod delictum fecerit per quod periculum vitae incurrere debeat, et usque Iter Iusticiariorum manucaptus fuerit, et inde in Itinere postea, sit ad Rationem positus, se disrationare potest per duodecim juratores patrie secundum Legem communem vel per magnam Legem Civitatis, viz. per triginta sex legales homines civitatis. etc. Nothing can be more plainly proved, than the point in questition is by this record: viz. that the trial by twelve was used both by the common Law, and by the most ancient custom of London, I say by custom, whereof no beginning could be proved. Well then it was clear in the times of Edw. 2. Edward. 1. and Henry the third, and so much is also proved not only by this record, but by their great Charter, for they give them no new liberties, but Civitas London habeat omnes antiquas consuetudines, 
Mag. Car.  & this was within two hundred years after the Conqueror: if any Law or Patent had been made of it in all that time; without question, they would have pleaded the patent or Law, and not prescription. For a Statute or patent doth determine a prescription.  
The Conqueror, doth he make them any grant or Patent hereof, or doth Edward the Confessor one of the Saxon Princes, grant any such matter or make mention that any such thing was granted by patent unto London? Ne my: Not a minim of any such matter, It is written in their Laws, 
Lamb. Arc. in Leg. Edwardi. Liber Recordorum. London Dunthorne  Debet etiam in London quae caput est regni et Legum, semper curia Domini Regis singulis Septimanis die Lunae Hustingis se dere et teneri, Mark how it agreeth with the patent before pleaded. In ea itaque super sunt ardua compota et ambigua placita coronae et curiae domini regis totius Regni predicti quae haec usque et consuetudines suas una semper in violabilitate conseruat ubicumque ipse rex fuerit sive in expedicione, sive alibit, propter fatigationem gentium et populorum regni juxta veteres Consuetudines bonorum patrum et predecessorum et omnium principum et procerum et sapientum sentorum totius regni predicti. 
See the Charter of K. William the conqueror in hooker's Chron.  Behold then here is no new institution mentioned neither by the Conqueror nor by the Confessor, but still the ancient customs.  
And if this had been by patent or Parliament of any Saxon Prince; without all question these two Princes would have known it. For all the Saxon government in peace from the first King unto the last was not above 300. years, & both Edward and William were most diligent searchers and Registers of all the laws, Liberties & Customs of their kingdom, as appeareth by the doomsday Book, and by that which is recorded by Hoveden and others.  
Besides in the Saxon times, not a piece of land passed from the Crown, and much less any liberties or jurisdictions, which are parcel of the royal prerogative without Patent, as appeareth by the manifold patents of manors, Lands, & Liberties made to Churches and Monasteries, whereof those that belonged to the Abbey of Croyland, 
Ingulfus Historia Eliensis.  are faithfully recorded by Ingulfus, those of the house of Ely by another; and others are to be seen in the Churches that remain.  
The City of London therefore had this Liberty and Manner 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 needs be true, that they had it from a time whereof no proof could be made, that is, long before the Saxons. I say by prescription as it is pleaded even from the Britain's. And this that I have said of London, I may say of all ancient Cities where they have like customs and Liberties; yea the ancient hundred, Courts, Shiermotes, Wardmotes, Swainmotes, Leets, and Wapentakes, which are often mentioned in the Saxons Laws as things in use. Let any man show me, what other kind of trial or inquisition, they had then this, and Quo warranto by what law they had this, but by like prescription. If you bring forth the trial by fire and water called Ordell, it was by all likelihood but a superstitious invention, in the Saxon times, 
In Legibus Canuti de Foresta.  & was used only in criminal causes where the truth could not otherwise be known as appeareth by the Law of Canutus. And although the Conqueror in his absolute command did something of his own head, 
Hoveden Lamb.  yet it appeareth plainly that when by the earnest entreaty of his Nobles, he was persuaded to establish the former laws; he then by the counsel of his Nobles, and according to the course and common Laws of the Realm, empaneled twelve men of every Shire, to inquire & make a true presentment of the said ancient Laws and customs, for so be the words: Electi de singulis totius patriae comitatibus duodecim viri, 
Lamb. Arc. Hoveden.  jure iurando Coram Rege primum confirmaverunt, ut quoad possent recto tramite incedentes, nec ad dextram nec ad sinistran divertentes, legum suarum, et consuetudinum, sancita patefacerent etc. And amongst the rest, they make mention of the customs of London, which I cited before. I say nothing here, that the footsteps of this trial, are found in the laws of Etheldred made at wantage, which is cited by Master Camden; nor of the ordinance, made for the mountainers of Wales: 
Malmesbury. Huntingdom. Ethelwardus. Historia Ely remaining with St. Robert Cotton. Ingulfus.  nor of the law of Kennethus, the famous Scottish King about the year of our Saviour Christ, 840. mentioning some such matter; nor of the learned & diligent Historians, that lived near about the conquest: & might easily have told us if any such thing had been begun by the Saxons; nor of the History of Ely, written before the conquest: and Ingulfus soon after, plainly speaking of Manors, feoffments, sheriffs, County Courts, Terms at London, recoveries in an assize or writ of right, as of things then common and usual.  
We read also of Parliaments, wapentakes, homages, fealties, descents from the Grandfather to the Nephew, Eschets to the King for want of heirs, in the days of Aurelius Ambrose, 
Leland. Hooker. Galf. Mon. Gildas.  and of Arthur the worthy, & straight way after, Gildas maketh mention of Courts, judges, Freshsuit after thieves, & judgements which could not be without trials. By all which I think it is manifest that these points of common law, & namely these trials by twelve, are of most ancient antiquity, according to the common law, and used amongst other customs of the city of London before the times of the Saxon and Norman Princes, of whom no such Liberty or course of proceeding could be gotten without patent, and no other form of ancient trials doth appear: upon which I conclude, as before, that they had it in the times of the Britain's.  
The same is proved by all the ancient and new records of Assizes, of Freshforce, of writs of right, and other tryalles in London, which must be all falsified and many thousands of records beside, if we overthrow this prescription. And this being so consonant to the judgements of those excellent men before cited, Canden, Belknap, Sr. Io. Fortescue, & Sr. Ed. Cook, Let us now leave Master Polidor & his followers which either never saw or did not understand, our ancient Histories and Records; let us leave them (I say) to their own imaginations, with this admonition to all discreet Antiquaries, that they be not overhasty to believe either the Roman or other Authors, speaking of the Britain's thire enemies, but holding them suspect for partiality or ignorance, which may easily appear to every judicial Reader, let us follow the true grounds confirmed by these faithful Monuments of our Laws, and the Histories thereunto agreeing. And this being ascertained, it is easy now to behold, from whence all our Assizes of novel diseisin of Mordancester, of darrain presentment, our great Assizes, juries, Challenges & the rest, of which Mr. Bracton at large discourseth, are lineally descended, being as I take it the greatest part of our common Laws, and it appeareth 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 Laws was in use in the Britain's time long before the Saxons, howsoever suppressed & the books thereof defaced by foreign invasions, and intestine dissensions. And thus much of Lucius and the Britain's. Now of the Saxon Princes.   

Cap. 11.  
IT hath been a work of the special providence of Almighty God, & of his infinite mercy to this Island, in the mids of Poetical fables wherewith the British Histories have been mixed, and of those Barbarous invasions, which have wasted and spoiled them, to leave us yet certain remnants and monuments, whereby to judge of those long past Antiquities; in judging whereof, men by taking contrary courses, have made the controversy more difficult, that the truth found out might be the better confirmed. For some have given themselves to favour the Roman History so much, as to abrogate all faith and credit from the British, as if the ambitious Romans & Caesar would say nothing for their own advantage, who of all others most covetous of glory is justly noted by Suetonius, Lucian, and Asinius Pollio to have written his commentaries, as much as he might, to save his own Honour, especially of his Actions in these remote places.  
Others have gone so far to the bowehand, as to favour all the vanities of the Poetical Bards, as if nothing could be denied, which they had once turned into rhythm. But that God which came into the world to bear witness of the truth (so much doth he love it) hath left us rules and directions to try out the verity of ancient times. By the mouth of two or three witnesses, every word shall be confirmed saith Moses, and (as it is most certain) truth cannot be so much oppressed as to be utterly destitute of proofs. Let therefore the proof rest upon witnesses and comparison of circumstances, & it will appreare as Sir john Prise truly averreth and learnedly proveth, that the British Story is in many things more to be credited then Caesar, and Polidore, and other Italians. Besides the Scottish History agreeing in many things with us, manifestly convinceth the Romans of their Arrogancy and vanity, and with all ministereth further grounds, not only to prove the antiquity and sincerity of our common Laws, but that the same or others much like obtained in Scotland also, as well as here, which may be seen by the Laws of Brechus & Fergusius answering in time to Mulmutius and Mercia, and by the Laws of Kennethus, not much distant from Alfred, and last of all by their Books of Regiam Maiestatem a principal book of Common Law amongst them, agreeing in effect with our Glanuill. And to say truth there was little difference in Laws and Religion, betwixt these two Nations, until the bloody wars, that began after the time of our King Henry the third, before whose days Glanuill did write. Again the most ancient of the Saxon Princes, & lawmakers, do make mention of many things in our common Law, which we are forced to believe, that they received from the Britain's; for that, they speak of them, as of things usual and common, Ina, Alfred, 
Lamb. Arc.  Edgar & other the Saxon law makers, speak of the Parliament, of judgements, of Treason, of Sanctuaries, of Purgation, of execution by hanging, for theft, of fresh suit after theives & homicides, of escapes, of Terms kept at London, of Recoveries, of Exchanges, 
Historia Eliensis.  of feoffments, of jntales, of Commons, enclosures, and the Law of Curia Claudenda, of the law of deceit, it in selling things corrupt or vicious; of dowers, Leases, Rents, Farms, services etc. And many other, as things than in use, which were allowed as agreeable to God's word, by those Saxon Christians being utter enemies to the Britain's, and yet most devout in Religion, and sincere in justice, as their Laws do testify. For which cause I will touch certain of the notable Saxon laws, only to show the Godliness of those ancient Saxons and Scottish Kings, and how in that time the matters of our common Laws were usual and common.  
Inas about the year of our Lord 720. beginneth his laws thus: Inas by the grace of God, west Saxon King, by the persuasion and instruction of Cenred my Father, and of Hedda and Erkenwald my Bishops, and with all my Aldermen, & the eldest wisemen of my people, & in a great summons of God's Servants, for the health of our soul & conservation of our kingdom, (I have enacted) that right Laws and judgements be confirmed throughout our kingdom. Cap. 1. That the ministers of God observe the appointed rules and manners of living: Then followeth Laws for observation of the Sabaoth, against theft, robbery, murder, & many other offences; and therein, is mention also made of Landlords, of Tenants, of Rents, and services. Kennethus the most worthy Scottish King, soon after the same time, maketh very just and good Laws, whereof this was one. In every Shire (this was before Alfred) Let skilful men in the Laws be appointed to reside, he that blasphemeth the name of God, of the Saints, of his Prince, or of the Captain of his tribe, let his tongue be cut out. The most religious K. Alfred about the year 880. beginneth his laws thus: The Lord spoke unto Moses these words, saying: I am the Lord thy God which brought thee out of the land of Egypt, out of the house of Bondage, thou shalt have none other Gods besides me. And so forth as in the decalog and other judicials of Moses. Then follow certain laws against perjury, concerning Intayles, against Sacrilege, Treason, quarreling, Fight, Fornication, yea & against immodest touching of a woman; with other laws of great sincerity, a manifest and approved Vicar and Lieutenant of God, a second David, whose delight is in the Law of the Lord, which to confirm, the same King translated the new Testament out of Latin into the Vulgar Saxon, for the use of his subjects, some Copies whereof (as it is said) are yet remaining amongst us. So far did the learning of those days differ from the ignorance of these Roman innovators. Edward Anno Dom. 920. Thus beginneth: I Edward K. command all Grieves that they give right judgements to all according to their judgement Book. Alfred and Guthrun thus made their league by act of Parliament Ante omnia Deum unum etc. before all things that one God is to be loved & Worshipped. Secondly that human Laws are to be proclaimed as common to Christ and the King. Then follow Laws for payment of Tithes, for observation of the Sabaothes etc. 
joh. Picus cited by Mr Lamb. Arc.  And by this league Guthrunus which some call Gurmundus, & was in Baptism named Ethelstane, obtained Suffolk, Norfolk, & Northumberland, to be given to him to hold by Fealty of the King. Edmund sets this preface to his Laws: I Edmund King to all my Subjects do plainly signify, that in a solemn assembly both of the Clergy and Laity, I have studiously inquired of the wisest of my kingdom, by what means the Christian faith might be most advanced. And to us all it seemed most commodious that love and mutual kindness should be maintained amongst all men throughout our Kingdom. 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 Laws for the observation of the Sunday, and of public feasts and fasts under the pains contained in the judicial book. And that every man shall freely enjoy the benefit of the common Law. Note the common law even then named, before St. Edward & the Conqueror. Canutus the Dane thus: First let all men most devoutly & religiously worship one God. All men observe one rule of Christian Religion. All men obey Canutus the King with due fidelity and observance. All defend and keep the church of Christ with holy & everlasting peace, & continually frequent the same etc., with many other most Godly and Christian laws, & after many Footsteps of ancient Laws, which yet remain in use, he concludeth with a most ardent exhortation to all men to turn unto God and to obey his commandments, another Lieutenant or vicegerent of Christ. Edgar the peaceable confirmeth the Liberties & rights of the Church, & amongst other things, enacteth that every man shall enjoy the benefit of the common Law. Like matters are found in the Laws of Ethelstane, Etheldred, St. Edward and William the Conqueror, who confirmeth the same with some small addition, and hath left them to us consecrated by his own oath, and the oath of all his successors. You see then the sacred Majesty of our Imperaill Princes, whom God hath vouchsafed not only by the confesson of strangers & enemies, but by these their Laws to be his Vicars & defenders of his faith. And by these things that have been said, it may fully appear, first how sincerely and devoutly those excellent Princes followed the counsel of Elutherius given to Lucius, in taking laws for their kingdom out of the word of God, and how true it is that we affirm that our ancient common laws were begun in the times of the first Britain's, grounded upon the laws of God, printed in Nature and Scripture, continued by the Saxons in their judgement books, & transmitted to us by Saint Edward and the Conqueror. And consequently the ground of Sir john Fortescues testimony, that this land hath been possessed by Britannes, Romans, Saxons, Danes and Normans: And in all the times of these several Nations, and of their Kings, this Realm was still ruled with the self same laws and customs, which if they had not been right good, some of those Kings moved either with justice or with reason, or affection, would have changed or abolished them, specially the Romane●, who did judge all the world by their own Laws. Thirdly what direction and Precedents our Princes and Parliaments have had to follow in making Laws, and what Laws the whole Kingdom is bound to observe, by that solemn oath that is taken for the observation of St. Edward's laws and the Laws of the Realm, as partly also is noted unto us in the preface of that famous Statute, made against Provisors in the 25. year of King Edward the third. And lastly what reason may be given of the manifold calamities, sent by Almighty God, the most just & severe judge at sundry times upon this Realm, namely the suppressing, and consequently the violation of this his Covenant, of these our ancient laws, and of the law of God, whereupon they are founded, by the predominant violence of Idolatry, superstition, injustice, uncleanness, Breach of faith, and loialtye, both before the Norman and since. If it be not so, peruse the Particulars that the holy Gildas, and aftter him, the learned Sir john Prise objecteth against the first Fritains'; that the reverend Bede and Geoffrey of Monmouth urge against the second age; that Master Camden & other Chronicles, but specially Master Fox collecteth against the Saxons; that are at large described in the times of King john & King Henry the sixth, who suffered themselves and these laws to be overswayed by the supreheminence of Rome, & of the contrary side, if we consider the best means to establish the perpetual unity and felicity of these two mighty nations, now again reunited, we shall find it to consist principally in conforming them, both as much as may be to the laws, of that God of unity which ordained the ancient Laws of both kingdoms to be very like, & almost the same, as I have showed. For what Kings have reigned in more magnificence and glory then the Britain Princes instiled by Elutherius, the Vicars of God in their kingdom, than the Saxon Princes endowed by Beda, with the Title of Christianissimi, them the Normans which have most maintained these Laws, & most opposed themselves against the usurping power of the foreign Prelate, namely Edward the 1. the 3. and the 6. Henry the 7. and the eight, acknowledged by the enemy of our faith to be defender of the faith, & the late most of all excellent, Elizabeth, which was blessed with a kingdom, longer than the reigns often that cursed her. And now the no less excellent Majesty of K. james, the true heir aswell of the goodness as of the greatness of his Predecessors. And who have fallen into greater miseries than those that being invested with such magnificent Titles by right, have suffered others to take their Titles & authority by usurpation; of whose Calamities because my heart doth tremble to think, I will forbear my pen to write. Yet by this we see how God hath fed and directed us with the staff of Beauty, 
Zach. 11.  and with the staff of Bands, but now he will break his staff of beauty, to disannul his covenant, made with all people, and he will break his staff of bands, to dissolve the Brotherhood between juda & Israel except we repent of our manifold sins. I will therefore conclude with the Godly words of one of our famous and learned judges Bracton, 
Bracton. L. 1  and one of our virtuous and Heroical Kings Canutus, The first taking his ground out of the many times remembered, and never to be forgotten, Epistle of Elutherius, saith thus: Rex non debet esse sub homine, sed sub deo et Lege, ad similitudinem jesu Christi, cuius vices gerit. 
Bructon li. 1.  And again judges do sit in the seat of the K. himself, as in the throne of God, instead of the K. as instead of jesus Christ. For the K. is the Vicar & Lieutenant of God, & judgements are not the judgements of men, but of God; and therefore it is said that the heart of the King is in the hand of God. And a little after, into the seat therefore of judgement, which is as the Throne of the Divine Majesty, let no man unwise or unlearned, presume to ascend, lest he turn light into darkness, and darkness into light, and least with an ignorant hand like a mad man, he strike the innocent & spare the offender, and lest he fall from above as from the Tribunal of God, by attempting to fly without wings to support him. And when any man is to judge, or to be made a judge, let him take heed, lest by judging perversely and against the Laws, for request or reward, or a little temporal commodity, He purchase to himself sorrow & grief eternal: and lest in the day of God's wrath, he feel him to be a just revenger, who hath said. To me vengeance & I will recompense, when the Kings & Princes of the earth shall weep & lament at the sight of the Son of man, for the terror of his judgements, from which neither gold nor silver can deliver them. Who will not be afraid of that fearful trial, where the Lord himself shall be accuser, advocate and judge? from whose sentence none can appeal. For the Father hath given all judgement to the son, who shutteth & no man openeth, & openeth & no man shutteth. O strict & severe judgement wherein men shall give account not only of their actions; but of every idle word that they have spoken! who shall escape from that anger to come? When the Son of man shall send his Angels, which shall gather out of God's kingdom every scandal, & those that do iniquity, & of them shall make faggots to burn and cast them into the furnace of fire, where there shall be weeping and gnashing of teeth. Without question God is a jealous God, and whosoever taketh his Covenant, his oath, his name in vain, he shall smart, for it he shall smart. 
Lamb. Arc.  Now therefore saith Canutus in the conclusion of his Laws; I beseech all men in general, and command every man in particular in the name of the immortal God that sincerely, & withal their hearts they turn to God, and withal care and diligence, search what is to be done, and what it is to be avoided (as it is a thing most convenient for our salvation) that we love God & keep his commandments, & give diligent heed to the words of his messengers For they shall produce us before his sight in the day, wherein the Lord shall come to judge every man according to his works. Then happy shall that keeper be, that shall bring the flock committed unto him into the joys of heaven, by the pains that he hath taken upon earth, And blessed shall be the flock that followed such a shepherd which hath pulled them from the paws of the Devil, and commended them as a purchase unto God. Therefore let us all in concord and unity study to please God, and fly from the fearful torments of his wrath, & judgement. Let the Preachers and Ministers of God's word (as it is their charge and needful to all men's salvation) oftentimes preach the glory & joys of God's kingdom, and let all men with diligent, serious, and attentive ears and minds, hear and observe them: yea let them bear the commandments of God always imprinted and infixed in their hearts. To conclude every man for the greater advancement of the divine glory, both in word and deed, Godly and cheerfully apply himself to do well, by what means soever they may. So at length in the end we all abundantly shall obtain his gracious mercy. Blessed be the name of the Lord, & to him be honour, praise, and glory, from this time forth for evermore.  Deus non deseret.