Great Britain -- History -- Commonwealth and Protectorate, 1649-1660 -- Sources; Great Britain -- History -- Early Stuarts, 1603-1649 -- Sources
And likewise we bar, from this benefit and liberty, all such known
Recusants, either men or women, as will abstain from coming to church
or divine service; being therefore unworthy of any lawful recreation
after the said service, that will not first come to the church and
serve God: prohibiting, in like sort, the said recreations to any
that, though conform in religion, are not present in the church,
at the service of God, before their going to the said recreations.
Our pleasure likewise is, that they to whom it belongeth in office,
shall present, and sharply punish all such as, in abuse of this our
liberty, will use these exercises before the ends of all divine
services, for that day. And we likewise straitly command, that every
person shall resort to his own parish-church to hear divine service,
and each parish by itself to use the said recreation after divine
service; prohibiting likewise any offensive weapons to be carried, or
used in the said times of recreations.
THE POSITION OF THE JUDGES.
=Source.=--Bacon's _Essay of Judicature_.
Fourthly, for that which may concern the sovereign and estate. Judges
ought above all to remember the conclusion of the Twelve Tables,
"Salus populi suprema lex"; and to know that laws, except they be
in order to that end, are but things captious, and oracles not well
inspired. Therefore it is a happy thing in a state when kings and
states do often consult with judges; and again when judges do often
consult with the king and state; the one, when there is matter of
law intervement in business of state; the other, when there is
some consideration of state intervement in matter of law. For many
times the things deduced to judgment may be _meum_ and _tuum_, when
the reason and consequence thereof may trench to point of estate:
I call matter of estate, not only the parts of sovereignty, but
whatsoever introduceth any great alteration or dangerous precedent;
or concerneth manifestly any great portion of people. And let no man
weakly conceive that just laws and true policy have any antipathy;
for they are like the spirits and sinews, that one moves with the
other. Let judges also remember, that Solomon's throne was supported
by lions on both sides: let them be lions, but yet lions under the
throne; being circumspect that they do not check or oppose any points
of sovereignty. Let not judges also be so ignorant of their own
right, as to think there is not left to them, as a principal part
of their office, a wise use and application of laws. For they may
remember what the Apostle said of a greater law than theirs, "nos
scimus quia lex bona est, modo quis ea utatur legitime."
THE VOYAGE OF THE "MAYFLOWER" (1620).
=Source.=--Bradford, _History of Plymouth Plantation_. Chapter IX.
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