[146] P. 1046.
[147] Mr. Selden’s Diss. ad Flet. 1100.
[148] De laud. leg. Ang. c. 33, 34.
[149] Diss. ad Flet. 1102.
[150] The speaker might have begun this account of the fate and fortunes of the civil law still higher. Nat. Bacon, speaking of Henry the Fifth’s reign, observes, “The times were now come about, wherein light began to spring forth, conscience to bestir itself, and men to study the scriptures. This was imputed to the idleness and carelessness of the clergy, who suffered the minds of young scholars to luxuriate into errors of divinity, for want of putting them on to other learning; and gave no encouragement to studies of human literature, by preferring those that were deserving. The convocation taking this into consideration, do decree, that no person should exercise any jurisdiction in any office, as vicar-general, commissary, or official, or otherwise, unless he shall first in the university have taken degrees in the CIVIL OR CANON LAWS. A shrewd trick this was, to stop the growth of the study of divinity, and Wickliff’s way; and to embellish men’s minds with a kind of learning that may gain them preferment, or at least an opinion of abilities beyond the common strain, and dangerous to be meddled with. Like some gallants, that wear swords as badges of honour, and to bid men beware, because they possibly may strike, though in their own persons they may be very cowards. And no less mischievously intended was this against the rugged COMMON LAW, a rule so nigh allied to the gospel-way, as it favoureth liberty; and so far estranged from the way of the civil and canon law, as there is no hope of accommodation till Christ and Antichrist have sought the field.” Disc. Part II. p. 90. Lond. 1739.
[151] It should however be observed, in honour of their patriotism, that “they afterwards took themselves out of it,” when they saw the extremities to which the popular party were driving.
[152] This alludes to the proceedings against the eleven members upon the charge of the Army. Sir John Maynard was one of them. And when articles of high treason were preferred against him, and the trial was to come on before the lords, he excepted to the jurisdiction of the court, and, by a written paper presented to them, required to be tried by his peers according to Magna Charta, and the law of the land. See Whitlocke’s Memorials; and a short pamphlet written on that occasion, called The Royal Quarrel, dated 9th of Feb. 1647.—Sir John was, at this time, a close prisoner in the Tower.
[153] See his speech, inserted in his Memorials of English Affairs, Nov. 1649.
[154] Disc. Part I. p. 78.
[155] The reader may not be displeased to see the words of old Fortescue on this subject of the origin of the English government, which are very remarkable. In his famous book De laudibus legum Angliæ, he distinguishes between the REGAL and POLITICAL forms of government. In explaining the latter, which he gives us as the proper form of the English government, he expresseth himself in these words—“Habes instituti omnis POLITICI REGNI formam, ex quâ metiri poteris potestatem, quam rex ejus in leges ipsius aut subditos valeat exercere: ad tutelam namque legis subditorum, ac eorum corporum et bonorum rex hujusmodi erectus est, et hanc potestatem A POPULO EFFLUXAM ipse habet, quo ei non licet potestate aliâ suo populo dominari.” Cap. xiii.