Representative British Orations Volume 1 (of 4): With Introductions and Explanatory Notes
History
Representative British Orations Volume 1 (of 4): With Introductions and Explanatory Notes
Speeches, addresses, etc., English
Amongst many inconveniences and obliquities of this grievance, he
noted these: 1. That it extendeth to all persons, and to all times; it
subjecteth our goods to distress, and our persons to imprisonment; and,
the causes of it being secret and invisible, referred to his Majesty’s
breast alone, the subject was left without possibility of exception
and relief. 2. That there were no rules or limits for the proportion;
so that no man knew what estate he had, or how to order his course or
expenses. 3. That it was taken out of the subject’s purse by a writ,
and brought into the King’s coffers by instructions from the lords of
his most honorable privy council. Now, in the legal defence of it, the
writ only did appear; of the instructions there was no notice taken,
which yet in the real execution of it were most predominant. It carries
the face of service in the writ, and of revenue in the instructions.
Why, if this way had not been found to turn the ship into money, it
would easily have appeared how incompatible this service is with the
office of a sheriff, in the inland counties; and how incongruous and
inconvenient for the inhabitants! The law in a body politic is like
nature, which always prepareth and disposeth proper and fit instruments
and organs for every natural operation. If the law had intended any
such charge as this, there should have been certain rules, suitable
means, and courses, for the levying and managing of it.
The fifth head was the enlargement of the forests beyond the bounds and
perambulations[22] appointed and established by act of Parliament,
27 and 28 Edward I.; and this is done upon the very reasons and
exceptions which had been on the King’s part propounded, and by the
Commons answered, in Parliament, not long after that establishment. It
is not unknown to many in this House that those perambulations were
the fruit and effect of that famous charter which is called “Charta de
Forrestâ,” whereby many tumults, troubles, and discontents had been
taken away, and composed between the King and his subjects; and it is
full of danger, that by reviving those old questions, we may fall into
the like distempers. Hereby, however, no blame could fall upon that
great lord, who is now justice in Eyre, and in whose name these things
were acted; it could not be expected that he should take notice of the
laws and customs of the realm; therefore he was careful to procure the
assistance and direction of the judges; and if any thing were done
against law, it was for them to answer, and not for him.
Public-domain text, read in full here on John Shaqi.
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