CHAP. LI. Of the Judges of the Courts in Westminster-Hall, the Manner of their Creation, Habit and Employment... 194 INTRODUCTION. DURING that impious and unnatural Civil War beween the Houses of York and Lancaster, which not long since raged in England, and by means whereof their Sovereign King Henry VI. with his consort Queen Margaret, who was daughter of the King of Jerusalem and Sicily, and their only son Edward Prince of Wales, were obliged to quit the kingdom: and at last, the King, being taken prisoner by his subjects, suffered a very long and terrible imprisonment. But the Queen, with her son, being thus banished, made her abode in the dutchy of Berry, which at that time belonged to her father, the King of Jerusalem. The Prince, as he grew up to man's estate, applied himself wholly to martial exercises; and being often mounted on fiery and wild horses, which he did not fear to urge on with the spur, made it his diversion, sometimes with his lance, sometimes with his sword, or other weapons, to attack and assault the young gentlemen his attendants, according to the rules of military discipline: which a certain grave old knight, his father's Chancellor, at that time in banishment with him, perceiving, thus accosts the Prince: Α DE LAUDIBUS LEGUM ANGLIÆ. CHAP. I. I AM right glad, most serene Prince, at that worthy genius of your's, whilst I observe with how great an inclination you employ yourself in such manly and martial exercises; which become you, not so much as you are a soldier, as, that one time or other, you will be our king. For it is the duty of a king to fight the battles of his people, and to judge them in righteousness, (1 Kings viii. 20.) Wherefore, as you divert and employ yourself so much in feats of arms, so I could wish to see you zealously affected towards the study of the laws; because, as wars are decided by the sword, so the determination of justice is effected by the laws: which the emperor Justinian wisely considering, in the very beginning of the Introduction to his Institutes, says, "It is not only incumbent upon the Imperial majesty to be graced with arms, but also to be fenced about with the laws that he may know how to govern aright, both in times of peace and of war"." As an induce a There is a curious tract written by Sir Robert Cotton entitled, "An answer to such motives as were offered by certain military men to Prince Henry, inciting him to affect arms more than peace." Our early writers upon law had a singular whim for imitating this passage in the beginning of their treatises. See the commencement of Glanville, Bracton, Fleta: the ancient treatise on the Scotch law called " Regiam Majestatem," derives its name from this circumstance. ment to set yourself in good earnest about the study of the laws, the greatest lawgiver of his time, Moses, formerly chief of the congregation of the people of Israel, invites you more effectually than Justinian, when, by divine inspiration, he commands the kings of Israel, to read the laws all the days of their life, saying thus: "It shall be when he sitteth upon the throne of his kingdom, that he shall write him a copy of this law in a book, out of that which is before the priests, the Levites; and it shall be with him, and he shall read therein all the days of his life, that he may learn to fear the Lord his GOD, to keep all the words of this law, and these statutes, to do them," (Deut. xvii. 18, 19.) Helynandus, upon the place, says, "A prince therefore ought not, neither is he permitted, under the pretence of his duty as a soldier, to be ignorant of the laws.-A little after he is commanded to take a copy of the law from the priests and Levites, that is, from catholic and learned men." Thus he. Deuteronomy is the book of laws whereby the kings of Israel were obliged to govern the people committed to their charge: Moses commands their kings to read this book, that they may learn to fear the Lord their GOD, and keep his statutes which are written in the law. Behold, to fear God is the effect of the law, which a man cannot attain to, unless he first know the will of GOD as it is written in the law. For, the principal, the chief point of obedience, is to know the will of that Master whom we are to serve and obey and yet Moses here in this edict of his, mentions the effect of the Law first, viz. The fear of God, and then exhorts to the keeping the commands of GOD, which are the cause of that fear; for the effect is always prior to the cause in the intention of the person who exhorts. But what kind of fear is that which the laws propose to the keepers thereof? Sure, it cannot be that fear, of which it is written (1 John iv. 18.) that perfect love casteth out fear. Yet that fear, though it seems a servile fear, often stirs up kings to read the laws. But this is not the effect of the law: the fear which Moses here intends, and which the laws produce, is that described by the prophet, "The fear of the Lord is clean, enduring for ever," (Psalm xix. 9.) This fear is filial and quite excludes that servile dread and horror, which that hath which is cast out by love. This proceeds from the laws, which teach to do the will of GOD, in the doing whereof we shall escape all punishment."The glory of the LORD (say the Scriptures) is upon them that fear him, whom also he glorifieth" in a word, this fear is the same which Job speaks of, when, after he had turned his thoughts many ways in search after wisdom, he gives us this, as the result of his enquiry; "Behold the fear of the LORD, that is wisdom, and to depart from evil is understanding," (Job xxviii. 28.) to depart from evil, the laws teach and caution; whereby they also produce that fear of GOD, which is the true wisdom". a The first few chapters of this treatise are replete with exploded opinions of philosophy, antiquated definitions of law, and strained applications of Scripture. Our ancient lawyers suffered their opinions and doctrines to receive a false and improper tincture from the favorite studies of their age; which in proportion as they were few in number, had a greater tendency to exercise an undue operation on the judgment. Learning, before it became generally diffused, imparted a mystical importance to its possessors, and a display of it would consequently be gratifying to them: neither was it to be expected, that one age could rescue from destruction, and collect together the stores of ancient wisdom sacred and prophane, and that it should also reduce them to their proper level in the scale of human knowledge, and to their proper influence on the human understanding. The clerical and judicial character were in early times commonly united, (Spelman's Gloss. voc. Justiciarius. Dugdale's Origines, p. 21, 22.) and theological learning was a favorite pursuit of the most eminent legal characters of this country. Sir E. Coke's poetical advise to students respecting the study of the Scriptures is well known. Sir Thomas More gave lectures, when a young man, upon St. Augustine “de civitate Dei" in St. Lawrence' church: Clarendon wrote reflections and contemplations upon the Psalms of David; and Burnet |