are now appertaining or regardant to any of our manors, lands
[&c.] within the said several counties of Cornwall, Devon, Somer-
set and Gloucester, as to you shall seem meet, compounding with
them for such reasonable fines or sums of money * * * for the
manumission * * * as you and they can agree : * * * the tenor of
which said manumissions [&c.] shall be in such order and form as
is here in these presents contained * * *
" Elizabeth, by the grace of God [&c.], to all to whom [&c.]
greeting. Since from the beginning God created all men free by
nature, while afterward the law of nations placed some under the
yoke of servitude, we believe it to be pious and acceptable to God
and in accordance with Christian charity that those in villeinage
to us, our heirs and successors, subject and bound in servitude,
should be wholly free.
" Know therefore that we, moved by piety * * * have manumitted
and made free, and liberated from every yoke of servitude and
servile condition A. B. C. D. &c., and all and every their issue
thus begotten and to be begotten in the future and every one of
them * * * Also we give and * * * concede to the aforesaid A.
B. C. D. &c. messuages, lands [&c.], and also goods, chattels, and
whatsoever is owing to them of which they are now seised and pos-
sessed * * * to have, to hold, and to enjoy * * * forever * * *
without rendering to us thenceforward account of any sort by rea-
son of servitude or servile condition * * * saving to us nevertheless
* * * our free-holds and the hereditaments of the customs, lands,
and tenements of which they are now seised * * * by copy-hold,
and the services, dues [&c.] to be rendered and done for them,
as well as the dues and services to be rendered to us as supreme
lady of the fief for any free-hold lands [&c.] of which they are
now seised."
* * * And our further will and pleasure is * * * that every such
bill or warrant * * * so by you subscribed, shall be a sufficient and
immediate warrant to the said lord chancellor * * * for the making
and passing of every such manumission * * * under our great seal
* * * paying only for all manner of fee at the Great Seal 265. 8d.
Witness ourself at Gorhambury [April 3, a.r. 16]. Per ipsam
reginam.
The Commission of a Justice of the Peace 321
1 77. The Commission of a Justice of the
Peace
(1579. Prothero, 144-147. Translated.)
ELIZABETH, by the grace of God * * * etc., to our well -beloved
and faithful Edmund, archbishop of Canterbury, etc. and also
to our well-beloved Thomas Bromley, knight, lord chancellor, and
William, Lord Burghley, treasurer, Thomas Wotton, [and others],
greeting.
[I.] Know ye that we have assigned you, jointly and severally,
to keep our peace, and also the statutes and ordinances made at
Winchester, Northampton, and Westminster for the preservation
of the same peace ; and also the ordinances made there and at
Cambridge concerning hunters, labourers, artificers, servants, inn-
keepers, beggars and vagabonds, and the begging men who call
themselves 'travailing men' ; and likewise the statutes and ordinances
made at Westminster in the first and second years of the reign of
King Henry IV, late king of England, concerning the knights,
squires and varlets with liveries bearing the signs of a company
or with liveries of cloth or any liveries of any kind whatsoever : and
a certain other statute of Henry V, late king etc., concerning coun-
terfeiting, washing, clipping, and other falsifying of the money of
our land : and to keep and cause to be kept all other ordinances
and statutes made for the good of our peace and the quiet rule
and government of our people, in our county of Kent, as well
within the liberties as without, according to the force, form, and
effect of the same : and to chastise and punish all those found
offending against the form of the aforesaid ordinances and statutes,
as according to the form of the aforesaid ordinances and statutes
ought to be done : and to cause to come before you all those
persons who shall threaten any of our people in their persons, or
in burning their houses, to find sufficient security to keep the
peace and to be of good behaviour towards us and our people,
and if they shall refuse to find such security, then to cause them
to be kept safe in our prisons until they shall find such security.
[II.] We have also assigned you and every one of you our
justices to inquire by the oath of good and lawful men of the
county aforesaid, through whom the truth may be better known,
of all manner of felonies, trespasses, forestallings, regratings, and
extortions in the aforesaid county by whomsoever and howsoever
done : and also of all those who have either gone or ridden in
Y
3 11 English Constitutional Documents
companies with armed force against our peace to the disturbance
of our people : and also of those who have lain in wait to wound
and slay our people ; and also of all those who have used head
coverings and other liveries of a single company, by agreement
or for maintenance, against the prohibition and form of the afore-
said statutes and ordinances made before these times, and of others
using such liveries -in the future : and also of inn-keepers and
others who have offended or have attempted to offend in the abuse
of weights and measures and in the sale of victuals ; and also of
any labourers, beggars, artificers, servants, inn-keepers, and vaga-
bonds, and others who have offended or attempted to offend in
the said county against the form of the ordinances and statutes
aforesaid made concerning hunters, labourers [etc.] : and also of
those sheriffs, mayors, bailiffs, stewards, constables, and gaolers
who in the execution of their offices have unlawfully demeaned
themselves according to the form of the aforesaid ordinances and
statutes made against such artificers [etc.] or have been careless,
remiss, or negligent : and of all and singular the articles and cir-
cumstances and other premises made against the form of the ordi-
nances and statutes aforesaid.
[III.] And to inspect all indictments whatsoever as well those
made and not yet determined before you or any of you, or before
others, the former guardians of the peace and justices of Edward
IV and Edward V late kings of England, and Richard III late
(de facto and not de jure) king of England, and Henry VII, late
king of England, Henry VIII, Edward VI, and Mary, [etc.]
assigned to hear and to determine such felonies, trespasses, and
misdeeds in the said county, as well as those made before you
and your associates now guardians of our peace, and before our
justices, and not yet determined, and to proceed thereupon and
to make and continue the process against all others who may be
indicted before you or any of you until they be apprehended,
surrender themselves, or be outlawed.
[IV.] We have also assigned you, * * * etc., four, three, and
two of you (of whom we wish you, A, B, C, D, etc. to be one) to
be our justices to punish and chastise according to the law and
custom aforesaid and the form of the ordinances and statutes
aforesaid the aforesaid felonies ; and all and each of the offences
by inn-keepers and others in the abuse of weights and measures
and in the sale of victuals, and by labourers [etc.] against the
form of the ordinances and statutes aforesaid, or in any way in-
fringing them : and to hear and determine the aforesaid extortions
and regratings as well at our suit as at that of any whomsoever
The Commission of a Justice of the Peace 323
wishing to complain and prosecute in such cases before you on
behalf of us and of themselves ; and also trespasses and fore-
stallings aforesaid and all other things not formally declared to be
determined at our suit only : and to hear and determine all other
cases which by virtue of the ordinances and statutes aforesaid
ought to be investigated and determined by the guardians of our
peace and by our justices; and to chastise and punish those
labourers, artificers, and servants for their offences by fines, pay-
ments, and amercements and in any other way as it was accus-
tomed to be done before the ordinance made concerning the
corporal punishment to be given to such labourers [etc.] for their
offences ; and sheriffs, mayors, bailiffs, stewards, constables, and
gaolers, hunters, victualers, inn-keepers, beggars, and vagabonds
according to the form of the ordinances and the statutes aforesaid.
[V.] Provided always that if a case of difficulty in determining
such extortions, etc., shall happen to come before you, except it
be in the presence of one of our justices of the one or the other
bench or of our justices of assize in the county aforesaid, as little
progress as possible shall be made in your court towards giving
judgment.
[VI.] And therefore we command you and every one of you
that you diligently concern yourselves with the keeping of the
peace, the ordinances, and the statutes aforesaid ; and that at
certain days and places which you or any of you shall fix for that
purpose, you or any of you shall make diligent inquisitions con-
cerning the premises : and that you shall hear and determine all
and singular the premises, and perform and fulfil the same in form
aforesaid, doing therein that which to justice appertaineth, accord-
ing to the law and custom of our realm of England : saving to us
the amercements and other things to us thereof belonging.
[VII.] And we have commanded our sheriff of Kent that at
certain days and places which you or any of you shall make
known to him, he shall cause to come before you or any of you
such and as many good and lawful men of his bailiwick (as well
within the liberties as without) through whom the truth in the
premises may be the better known and investigated.
[VIII.] And you the abovementioned Thomas Wotton, shall
cause to be brought before you and your said fellows at the said
days and places, the writs, precepts, processes, and indictments
aforesaid, and you shall inspect them and by a due course deter-
mine, as aforesaid.
In witness whereof, &c. Given the sixth day of August, in the
twenty-first year of our reign.
324 English Constitutional Documents
178. The Oath of a Justice of the Peace
(1581. Prothero, 149, 150.)
YE shall swear that, as justice of the peace in the county of
Kent, in all articles in the Queen's Commission to you
directed, ye shall do equal right to the poor and to the rich after
your cunning, wit and power, and after the laws and customs of
the realm and statutes thereof made ; and . ye shall not be of
counsel with any quarrel hanging before you ; and that ye hold
your sessions after the form of statutes thereof made and the
issues, fines and amercements that shall happen to be made and
all forfeitures which shall fall before you ye shall cause to be en-
tered without any concealment or embezzling and truly send
them to the Queen's exchequer. Ye shall not let for gift or
other cause, but well and truly ye shall do your office of justice
of the peace in that behalf, and that you take nothing for your
office of justice of the peace to be done, but of the Queen, and
fees accustomed and costs limited by the statute ; and ye shall
not direct nor cause to be directed any warrant (by you to be
made) to the parties, but ye shall direct them to the bailiffs of
the said county or other the Queen's officers or ministers, or
other indifferent persons to do execution thereof. So help you
God and by the contents of this book.
179. Resolutions on the Norfolk Election Case
(1586. Resolutions of the House of Commons. Prothero, 130.)
FIRST, That the first writ was duly executed and the election
good, and the second election absolutely void.
Secondly, That it was a most perilous precedent that, after
two knights of a county were duly elected, any new writ should
issue out for a second election without order of the House of
Commons itself.
Thirdly, That the discussing and adjudging of this and such
like differences only belonged to the said House.
Fourthly, That though the Lord Chancellor and Judges were
competent judges in their proper courts, yet they were not in
parliament.
Queen's Message with Regard to Monopolies 325
Fifthly, That it should be entered in the very journal-book of
the House that the said first election was approved to be good,
and the said knights then chosen had been received and allowed
as members of the House, not out of any respect the said
House had or gave to the resolution of the Lord Chancellor and
Judges therein passed, but merely by reason of the resolution of
the House itself, by which the said election had been approved.
Sixthly and lastly, That there should no message be sent to
the Lord Chancellor, not so much as to know what he had done
therein, because it was conceived to be a matter derogatory to the
power and privilege of the said House.
1 80. The Queen's Message with Regard to
Monopolies
(1601. November 25. Message brought to the House of Commons by the
Speaker. Prothero, 116, 117.)
TT pleased her Majesty to command me to attend upon her yes-
A terday in the afternoon, from whom I am to deliver unto you
all her Majesty's most gracious message, sent by my unworthy
self. * * * It pleased her Majesty to say unto me, That if she had
an hundred tongues she could not express our hearty good-wills.
And further she said, That as she had ever held our good most
dear, so the last day of our or her life should witness it ; and
that if the least of her subjects were grieved, and herself not
touched, she appealed to the throne of Almighty God, how
careful she hath been, and will be, to defend her people from
all oppressions. She said, That partly by intimation of her
council, and partly by divers petitions that have been delivered
unto her both going to chapel and also walking abroad, she
understood that divers patents, that she had granted, were griev-
ous to her subjects ; and that the substitutes of the patentees
had used great oppression. But, she said, she never assented to
grant anything which was malum in se. And if in the abuse of
her grant there be anything evil, which she took knowledge
there was, she herself would take present order of reformation
thereof. I cannot express unto you the apparent indignation of
her Majesty towards these abuses. She said her kingly preroga-
tive was tender ; and therefore desireth us not to speak or doubt
of her careful reformation ; for, she said, her commandment given
326 English Constitutional Documents
a little before the late troubles (meaning the Earl of Essex's mat-
ters) by the unfortunate event of them was not so hindered, but
that since that time, even in the midst of her most great and
weighty occasions, she thought upon them. And that this should
not suffice, but that further order should be taken presently, and
not infuturo (for that also was another word which I take it her
Majesty used), and that some should be presently repealed, some
suspended, and none put in execution but such as should first
have a trial according to the law for the good of the people.
Against the abuses her wrath was so incensed, that she said, that
she neither could nor would suffer such to escape with impunity.
So to my unspeakable comfort she hath made me the messenger
of this her gracious thankfulness and care.
1 8 1. Act of Recognition of the King's Title
(1604. I James I, c. I. Prothero, 250, 251.)
manifold were the benefits, most dread and most
-J gracious Sovereign, wherewith Almighty God blessed this king-
dom and nation by the happy union and conjunction of the two noble
houses of York and Lancaster, thereby preserving this noble realm,
formerly torn and almost wasted with long and miserable dissen-
sion and bloody civil war ; but more inestimable and unspeakable
blessings are thereby poured upon us, because there is derived and
grown from and out of that union of those two princely families, a
more famous and greater union, or rather a reuniting, of two mighty,
famous and ancient kingdoms (yet anciently but one) of England
and Scotland, under one imperial crown, in your most royal per-
son * * * \y e therefore, your most humble and loyal subjects, the
Lords Spiritual and Temporal and the Commons in this present
Parliament assembled, do from the bottom of our hearts yield to
the Divine Majesty all humble thanks and praises, not only for the
said unspeakable and inestimable benefits and blessings above
mentioned, but also that he hath further enriched your Highness
with a most royal progeny, of most rare and excellent gifts and
forwardness, and in his goodness is likely to increase the happy
number of them : and in most humble and lowly manner do be-
seech your most excellent Majesty, that (as a memorial to all pos-
terities, amongst the records of your High Court of Parliament for
ever to endure, of our loyalty, obedience and hearty and humble
Commission for Negotiating Union with Scotland 327
affection), it may be published and declared in this High Court
of Parliament, and enacted by authority of the same, That we
(being bounden thereunto both by the laws of God and man) do
recognize and acknowledge (and thereby express our unspeakable
joys) that immediately upon the dissolution and decease of Eliza-
beth, late Queen of England, the imperial crown of the realm of
England, and of all the kingdoms, dominions and rights belonging
to the same, did, by inherent birthright and lawful and undoubted
succession, descend and come to your most excellent Majesty, as
being lineally, justly and lawfully next and sole heir of the blood
royal of this realm as is aforesaid ; and that by the goodness of
God Almighty and lawful right of descent, under one imperial
crown, your Majesty is of the realms and kingdoms of England,
Scotland, France and Ireland, the most potent and mighty
King * * *
182. Commission for Negotiating a Union with
Scotland
(1604. I James I. c. 2. Prothero, 251, 252.)
WHEREAS his most excellent Majesty hath been pleased, out
of his great wisdom and judgment, not only to represent unto
us by his own prudent and princely speech on the first day of this
Parliament, how much he desired, in regard of his inward and gra-
cious affection to both the famous and ancient realms of England and
Scotland, now united in allegiance and loyal subjection in his royal
person to his Majesty and his posterities for ever, that by a speedy,
mature and sound deliberation such a further union might follow,
as should make perfect that mutual love and uniformity of man-
ners and customs which Almighty God in his providence for the
strength and safety of both realms hath already so far begun in
apparent sight of all the world, but also hath vouchsafed to express
many ways how far it is and ever shall be from his royal and sin-
cere care and affection to the subjects of England to alter and
innovate the fundamental and ancient laws, privileges and good
customs of this kingdom, whereby not only his regal authority but
the people's security * * * are preserved * * * : forasmuch as
his Majesty's humble, faithful and loving subjects have not only con-
ceived the weight of his Majesty's reasons, but apprehend to their
unspeakable joy and comfort his plain * * * intention to seek no
other changes, but of such particular, temporary or indifferent man-
328 English Constitutional Documents
ner of statutes and customs as may both prevent and extinguish
all future questions or unhappy accidents, by which the * * *
friendship and quietness between the subjects of both the realms
aforesaid may be completed and confirmed, and also accomplish
that real and effectual union already inherent in his Majesty's royal
blood and person * * * : be it therefore enacted by the King's
most excellent Majesty, by and with the assent and consent of the
Lords Spiritual and Temporal and the Commons in this present
Parliament assembled, and by authority of the same, That Thomas,
Lord Ellesmere, Lord Chancellor of England [and 43 others named],
commissioners selected and nominated by authority of this pres-
ent Parliament, or any eight or more of the said lords of the said
higher house and any twenty or more of the said knights, citizens
and burgesses of the said house of the commons, shall * * * have
full power * * * before the next session of this Parliament,
to * * * treat and consult with certain selected commissioners
to be nominated and authorized by authority of Parliament of the
realm of Scotland * * * concerning such an union of the said
realms of England and Scotland * * * ; which commissioners of
both the said realms shall * * * reduce their doings and proceed-
ings therein into writings or instruments, * * * that thereupon
such further proceedings may be had as by both the said parlia-
ments shall be thought fit and necessary for the weal and common
good of both the said realms.
183. Act in Shirley's Case
(1604. I James I. Private Acts c. 9. Prothero, 324, 325.)
HUMBLY pray the Commons of this present parliament that,
whereas Thomas Shirley, knight, which came by your High-
ness' commandment to this your present parliament, being elected
and returned a burgess for the borough of Steyning in your High-
ness' county of Sussex, was upon the i5th day of March last past
arrested by the sheriff of London at the suit of one Giles Simpson
first upon an action of debt, and afterwards the same day laid and
detained in execution upon a recognizance, of the nature of the
statute staple, of ^3000, in the prison commonly called the
Compter in the Poultry in London, at the suit of the said Simpson,
and from thence by Habeas Corpus was removed to your Majesty's
prison of the Fleet, * * * contrary to the liberties, privilege and
Opinions of the Court in Bates' Case 329
freedom accustomed and due to the Commons of your Highness"
parliament, who have ever used to enjoy the freedom of coming
to and returning from the parliament and sitting there without
restraint or molestation, and it concemeth your Commons greatly
to have this freedom and privilege inviolably observed ; yet, to
the end that no person be prejudiced or damnified hereby, May
it please your Highness by the assent of the Lords spiritual and
temporal and Commons in this present parliament assembled, and
by the authority of the same, it may be ordained and enacted,
That the said sheriff of London, the now warden of the Fleet, and
all others that have had the said Thomas in custody since the said
first arrest * * * may not nor shall in any wise be hurt, endamaged
or grieved because of dismissing at large the said Thomas Shirley :
saving always to the said Giles Simpson and other the persons
before said, at whose suit the said Thomas is detained in prison,
their executions and suits at all times after the end of this present
session of parliament to be taken out and prosecuted as if the said
Thomas had never been arrested or taken in execution, and as if
such actions had never been brought or sued against him ; saving
also to your Majesty's said Commons called now to this your parlia-
ment, and their successors, their whole liberties, franchises and
privileges in all ample form and manner, as your Highness' said
Commons at any time before this day have had, used and enjoyed
and ought to have, use and enjoy, this present act and petition in
any wise notwithstanding.
184. Opinions of the Court of Exchequer in
Bates' Case
(1606. II State Trials, 30-32. Prothero, 340-342.)
[Baron Clarkc~\ * * * It seemeth to me strange that any sub-
jects would contend with the King in this high point of preroga-
tive ; but such is the King's grace that he has showed his intent
to be, that this matter shall be disputed and adjudged by us
according to the ancient law and custom of the realm. * * .* As it
is not a kingdom without subjects and government, so he is not a
king without revenues. * * * The revenue of the crown is the
very essential part of the crown, and he who rendeth that from the
King pulleth also his crown from his head, for it cannot be sepa-
rated from the crown. And such great prerogatives of the crown,
330 English Constitutional Documents
without which it cannot be, ought not to be disputed ; and in these
cases of prerogative the judgment shall not be according to the
rules of the common law, but according to the precedents of this
court, wherein these matters are disputable and determinable. * * *
True it is that the weal of the King is the public weal of the
people, and he for his pleasure may afforest the wood of any sub-
ject, and he thereby shall be subject to the law of the forest ; and