Jurisdictions, Part 2 – Part 4
The Law.
And for that, that it is neceſſary and expedient to ſhew for what cauſes the Lawes were ordained, Forteſcue, leafe 31. ſaith, That as by Senews the compact of the body is knit together, ſo by Law (which of binding is ſo called) this myſticall body is bound together, and kept in one: And Plowden, leafe 9. b. ſaith, The Law is appointed to the King to governe his people, and that by three Lawes, that is to ſay, Generall Law, Cuſtomes, and Statutes: In Matth. chap. 22. it is written, That Chriſt ſent forth his Servants that they ſhould call to the Wedding; that is to ſay, He ſent his Prophets and Preachers, and they would not come; and there it is ſayd, That he againe ſent out other Servants, ſaying, Goe and invite, and that is intended our Law, which commands, conſtraines, and bridles us to come to God, and to feare and obey, God and the King, and to keep us in Peace, and to make that every one may hold in peace and tranquility, his Goods, Lands, and lives, and all that we have. Heraclites ſaith, That without Lawes, by no meanes a City can be in ſafety, but without Walls it may: And Forteſcue, leafe 10. ſaith, That thou mayſt feare God, the Lawes call thee, and in leafe 11. That humane Lawes are no other then Rules, by which Juſtice is taught. The Prophet David ſaith, Where there is no Order, there everlaſting horror doth dwell; and without Law there can be no Order; See Saint Germaine, leafe 7. ſaying, Law is ordained for the ſalvation of the Soule, and for to fulfill the Lawes of God, and to draw the people to flie evill and to doe good; And ſee in the Doctor and Student, leafe 8. the ſix grounds of the Law.
Firſt, Our Law is grounded upon common reaſon.
Secondly, Upon the Law of God.
Thirdly, Upon diverſe generall Cuſtomes.
Fourthly, Upon diverſe Maxims.
Fifthly, Upon diverſe particular Cuſtomes.
And ſixthly, Upon diverſe Statutes: And for that the Law is more neceſſary for Government.
Bracton ſaith, The Law maketh the King; let the King therefore attribute unto the Law, that which the Law hath given unto him; that is to ſay, Dominion and Power; he is not truely King, where will doth rule and not Law. And Forteſcue, fol. 8. ſaith, The Law is a ſanctified holineſſe, commanding holy things, and forbidding the contrary; and likewiſe, fol. 9. ſaith, That Lawes made by man, which to this doth receive power of God, and they are likewiſe conſtituted by God.
Plowden, fol. 55. b. As Subjects of the King are borne and inherite Lands, ſo to inherite Lawes; ſo that Lawes being the Inheritance of the People, the Stewards cannot by Letters, or otherwiſe, gainſay nor take from the Tenants the Law.
By the Commentaries, fol. 229. Saxon Law was, that the eldeſt Son ſhould inherite; and Brittons Law was Gavelkinde, as in Kent and North-wales.
By the Commentaries, fol. 18. Words of Law may be broken for neceſſity, as in the caſe of Revenger, 14. H. 7.29.
7. H. 7. fol. 7. If a Priſoner be in Famine, and hath not ſuſtenance, if he breake Priſon, it ſeemeth not to be Felony; for the Law of God was ordained to call us, and if we will not come, then our Law, to bridle us ſharply to come to God; and our Law hath regard to neceſſity and charity; and for that, 20. H. 7. fol. 2. where a marryed Wife is throwne, or ſtruck with a Horſe, or is in ſickneſſe, one may aſſiſt her, and give her meat and drink.
20. H. 7. One adminiſters about a buriall, that is no Adminiſtration, for it is a work of charity.
Doctor and Student, fol. 4. Beaſts have certaine rule given to them by nature, neceſſary for their being, but the Law of Nature and Reaſon moveth a man to good, and is written in the heart of every man, to move him what is good to be done, and what is to be avoided. The Law of God is given by Revelation, and light of underſtanding, and there the Law of God ordaines man to eternall life, and is Law to the happineſſe of this life; and this Law is to doe as you would be done unto, and this Law will that Juſtice be done to every man, and that no wrong be done.
Doctor and Student, fol. 2. There are foure manner of Lawes, that is to ſay, The eternall Law of nature, and Reaſon, the Law of God, and the Law of Man.
By Marlebridge, Chap. 1. it is enacted, That as well the greateſt as the ſmalleſt, ſhould have and receive Juſtice in the Kings Court, and that none of another, revenges or deſtructions ſhould make by his will, without conſideration of the Kings Court.
Weſtminſter the 1. Chap. 1. Common Right ſhould be made to all, as well to Poore as to Rich, without regard of any: See Stamford, fol. 56. of Juſtice.
2 Edw. 3. cap. 9. No command, either by the great Seal, or Privy Seale, to diſturbe or delay common right. And for ſo much, the Juſtices ſhould not forbeare to doe right in any point.
18 Edw. 3. The Statute of the Oath of the Judges, is, If any Letters to the Juſtices come contrary to the Law, that you ſhall doe nothing for ſuch Letters, but certifie the King of it, and reſolve before to execute the Law, notwithſtanding thoſe Letters.
And to conclude of theſe matters, You ought to conſider, that God created Man, onelyonly to ſerve him, and created all other creatures in the World, for the ſervice and uſe of Man; as the Prophet ſaith, Thou haſt ſubjected all things under his feet, all Sheep and Oxen, and likewiſe the Beaſts of the Feild, Birds of the Aire, and Fiſhes of the Sea, which walke through the paths of the Sea; ſo that all was made for the uſe of Man, and yet without Law a man cannot injoy that; and God being mindfull of Man, to ſerve him as the Prophet ſaith, What is Man that thou art mindfull of him, or the Son of Man, that thou haſt regard unto him: And for that God hath ordained Kings to governe, and to keep men in obedience, to ſerve and obey God, the King, and his Lawes, for to diſobey is deteſtable: And Paul to the Romans, Chap. 13. ſaith, Every ſoule is ſubject to the higher powers, for there is no power but of God, which powers verily are ordained by God; ſo that whoſoever reſiſteth that power doth reſiſt the Ordinance of God: And Peter, Chap. 2. ſaith, Be ſubject to every humane Creature, for the Lord, and to the King as Saperiour. And then for that, that the King is ordained of God, to make his people to ſerve God, and to keep his people in obedience: If you diſobey the King, you breake that which is commanded contrary in the Scriptures, and ſo you diſobey God: And you ſee that if God had not been mindfull of us, and had not created and ordained the King to governe us (being of fraile nature) and that by Lawes to bridle our fraile nature, none could enjoy his Lands, Goods, nor his life in ſafety: And for that, that the Law is ſo neceſſary. Now let us ſee when, and how, theſe Courts Leets, and Court Barons began.
Fineux, The beginning of theſe Courts Leets ordained.12. H. 7. fol. 18. ſaith, That at the beginning all the adminiſtration of Juſtice was in the Crowne, and where the King was, there was the Law adminiſtred: Then afterward, for the multiplicity of the people, was the Court Leet for puniſhment of offences, and annoyances to the Common-wealth within the Precinct of that, and the Articles and paines are ordained to that end, and it is called, The view of franke pledge, for that the King there may be certified by the view of the Steward, how many people are within every Leet; and alſo to have account and view by the Steward, of their good government and manners in every Leet: And alſo the Leet was ordained to have every perſon, of the age of twelve years, which had remained there by a yeare and a day, to be ſworne to be faithfull and loyall to the King; and alſo for that, that the people there might be kept in peace and obedience, theſe Courts Leets were ordained.
And Court-Barons were ordained to determine Injuries, Court-barons ordained.Treſpaſſes, Debts, and other actions, as afterwards it appeareth, where the debt or the dammages are under forty ſhillings: And alſo for that, that the Lords of the Mannors and Court-Barons, have given their Tenants their Lands and Tenements, before the Statute of Weſtm. the third, to hold of them, for that alſo Homagers of Court ought to inquire in this Court, that their Lords ſhall not looſe their Services, Cuſtomes, nor duties. And alſo it was ordained to make their Suites there, and ſo to ſhew them obedient to their Lords, and that nothing be made within the Mannor, to be an annoyance or hurtfull to the Inheritances of the Lords of the Mannors, which ſhould not there be inquired of, and preſented for the Lords of the Mannors, as afterward. by the Articles more plainely appeares. And ſo now you ſee here breifly, that the Realm cannot be governed without a King; and that the King for that cauſe is appointed of God, and that the King governe by the Law, Roy Ley.and cannot governe his people without Law; and alſo you have heard, how ancient and how neceſſary theſe two Courts are for governance of the People.
And now for that theſe Courts are held within Mannors, and that a Court-Baron is incident to a Mannor; It is fit to know how Mannors did begin, and within what Mannors Court-Barons are held, and in what not.
Parkins, fol. 127. ſaith, That the beginning of Mannors was when the King gave a thouſand Acres of Land, or a greater or leſſer parcel to one and his heires, to hold of him and his heirs: and before the St. of Quia emptores terrarum (becauſe buyers of Land) one ſeiſed of Lands did infeoffe one of ten Acres, another of twelve Acres, and the third of twenty Acres, every one of them to make ſervice unto him; and ſo by continuance of time out of minde, &c. he had a Mannor. Alſo in the 33. yeare of H. 8. Comprize, &c. 31. Plow. fol. 169. a.A man cannot make a Mannor at this day, for notwithſtanding, that a gift in taile be made to diverſe, to hold of the giver by Services and Suit of Court, though by that there be a tenure, yet it cannot make a Court, for that cannot be but by Preſcription: And if a Mannor be, and all the Freeholders but one Eſcheate, Mannors cannot be without Court Baron.or if the Lord purchaſe them, it is no Mannor; and there cannot be a Court-Baron without Sutors, and not with one Suitor onelyonly, 35. H. 8. Tenures, 102. 23. H. 8. Court-Baron, 22. Suit, 17.
Fitzherbert, 3. C. If one hold of another, as of a Signiory Ingroſſe, which is not a Mannor, he hath no Court Baron.
Fitzherbert, 8. b. Where a man giveth all his Land in Taile, there is a Signiorie Ingroſſe, and he ſhall have no Court; but if he were ſeiſed of a Mannor, and give parcell of the Demeſnes in taile, it is otherwiſe.
22. H. 6. Title 2. Services is parcell of a Mannor, but not the Land of the Mannor, unleſſe it be Copihold, for if a man hath a Mannor in the County of Weſtmerland, and one holdeth Land of that Mannor, which Land is in the County of DARBY, hee ſhall demand that Mannor in the Counties of WESTMERLAND, and DARBY.
18. of the Booke of Aſſiſes, 3. If a man ſeiſed of a Mannor, doe alien foure Acres in fee, this is ſeparated, and no part of the Mannor; but if the Husband ſeiſed of a Mannor in right of his Wife: alien foure Acres for life, and afterwards grant the Reverſion of that in fee to P. and afterwards P. purchaſe the whole Mannor, to which the Husband and Wife levie a Fine, Sur connuſance de Droit.upon acknowledgment of Right, as that which he had of their gift. The Fine extendeth to the foure Acres which were ſevered, for they were parcell in reverſion, as of the Mannor.
And in the 36. H. 8.4. Two Coparceners make partition of a Mannor, ſo that each of theſe have a parcell in Demeſnes, and a parcell in Services: Now each of theſe hath a Mannor, and each of theſe have two Suitors, but otherwiſe it is if one have but one Suitor, he cannot hold a Court-Baron: But 12. H. 4.25. Partition is made of a Mannor, that one Coparcener ſhall have the Demeſnes and the other the Services, the Suit to the Court is ſuſpended, and during that there ſhall be no Court-Baron held: And 8. H. 3.4. and 34. H. 6.53. It is held that a Court-Baron is belonging to a Mannor of common right, ſo that within every Mannor ſhall be a Court-Baron, unleſſe there be no Suitors there, or that by partition the Suit is ſuſpended, as it is before ſaid: But note that diverſe are called Mannors, within which are not any that hold of theſe Mannors, but only Copiholders at the will of the Lord, according to the Cuſtome of the Mannor, and there are no Freeholders which hold by Charter; and yet theſe Lordſhips are called Mannors, and in theſe are Court-Barons, 19. H. 8.17. Court-Baron is belonging to a Mannor.
And now though the honourable Judges of both Benches, and the Honourable Lord cheife Baron, and the other Judges there of Record, at this day are altogether given to adminiſter Juſtice to all, without reſpect of any Perſons, R. 2. Maint. 2.according to the Statute of the 1. of Edw. 3. Chap. 14. which is, that right be made as well to poore as rich; and that none ſend Letters in diſturbance of the Common Law; ſo that praiſe be to God, their whole inclination to the adminiſtration of Juſtice, may be a ſufficient example to all Stewards, to adminiſter Juſtice, and not to have regard to Letters: Yet in ſome Court-Barons, I have ſeen ſuch ſubverting of Juſtice by Stewards, ſome by Ignorance and wilfulneſſe, and ſome Stewards to pleaſe their Lords, and for feare of looſing their Fee, being but Stewards at the will of their Lords, and ſome for Letters, and other cauſes, that Juſtice many times hath not place there, to the perillous example and overthrow of Eſtate; and for that, that henceforth hereafter Juſtice in theſe Courts may be the better adminiſtred, before that I ſhall treat of the Courts aforeſaid, I think it is convenient to write to the Stewards, theſe ſentences inſuing, to be a Glaſſe to Stewards to reade their better remembrance to adminiſter Juſtice, and for that it thus followeth.
Who worketh Juſtice, he ſhall be advanced. Eccleſ. 20.
Bleſſed are they which hunger and thirſt for Juſtice, for they ſhall be ſatisfied, Matth. 16.
Juſtice advanceth a Nation, and it maketh a miſerable people to be pacified, Prov. 19.
He that juſtifieth a wicked man, and condemneth the juſt man, he is moſt abominable with God, Pro. 17.15. Unleſs your Juſtice abound more then that of the Scribes and Phariſees, you cannot enter into the Kingdome of Heaven, Matth. 18. The ſoules of the Juſt are in the hands of God, Wiſedome. In the ſtreight path of Juſtice, but the contrary way leadeth to death, Prov. 12.
Love God, and thy neighbour as thy ſelfe, then if you doe not Juſtice, how doe you love him, who is Juſtice and truth, and how doe you love your neighbour as your ſelfe, Matth. 22. Juſtice ſurely is immortall and everlaſting, Injuſtice is the wages of death; love Juſtice you that Judge the Earth, Wiſedome 1.
Riches doe not prevaile in the day of revenge, but Juſtice ſhall free from death, Prov. 2. God ſhall give to the Juſt the reward of their labours, Wiſedome 10.
And if any love Juſtice, his labours have great vertues, ſobriety and vertue, then which there is nothing more profitable in this life to men, Wiſedome 1.
Nothing truely can be honeſt, which wanteth Juſtice, Tully in his Offices.
From Juſtice, as out of a certaine Fountaine, all rights doe ſpring, for a juſt man hath a will to give to every man his owne, Bracton.
Another Cauſe of doing Juſtice.
It is appointed for all men once to dye, and afterwards to come to Juſtice: And as Athanaſius ſaith, At whoſe comming all men ſhall riſe with their bodies, and ſhall give a reaſon and account of their owne workes, and they that have done good ſhall goe into life everlaſting, but they that have done evill into everlaſting fire.
What men have done this preſent time of life,
Shall reap the Harveſt, when Goe and Come is riſe, Rev. 14.
Bleſſed are the dead which dye in the Lord, for their workes follow them.
Corinth. 1. Chap. 3. Every one ſhall receive his reward according to his worke.
2 Corinth. 4. Who ſoweth in bleſſedneſſe ſhall reape in bleſſedneſſe; if Chriſt had not been borne of the Virgin Mary, and dyed for us, no man could have come to eternall life; therefore beleeve and doe Juſtice, and then ſhall yee have the aforeſaid thing promiſed. And note, That though Chriſt hath redeemed us, yet if we doe evill, it is written, We ſhall goe into everlaſting fire; and for that, obey and feare to breake the Commandements of God: and then, in doing of Juſtice, you doe the Commandement of God, for which you ſhall have the thing promiſed; that is to ſay, Eternall life; for not all which ſay unto me, Lord, Lord, ſhall enter into the Kingdome of Heaven, but thoſe that doe the will of the Father, ſaith Saint John: Therefore if you will have eternall life, doe Juſtice, and alſo remember that death doth not delay, no man knoweth his day; and therefore prepare your life, and doe Juſtice, becauſe no man knoweth his end; and as Fiſhes are taken with a hook, and Birds taken with a Snare, ſo the body of a man in the day of evill.
The third Cauſe of doing Juſtice is to have a good Report.
Have a care of a good name.
It is better to have a good name then much Riches.
Curſed is the man that neglecteth his good Name.
It is better to have a good Name then precious Oyntments; and to conclude, he ſaith, What profiteth, If you ſhall gaine the whole World, if you ſhall looſe your owne ſoule.
Firſt, the Steward ſhall make a Precept to warne the Court by reaſonable warning, as by ſix or more dayes, as followeth; and it is the better, if it be by fifteene dayes, according to the common dayes in the Bench.