]23]
of England but what was by admirable Constitution and Reason, we would not meddle with it; but I pray know this, that the Law of England is no written Law, it is the Law that hath been maintained by our Ancestors, by the tryed rules of Reason, and the prime Lawes of Nature; for it does not depend upon statutes or written and declared words[1], or lines; and this is our Lawes that have been maintained by our Ancestors, and is subordinate to the law (illegible text) Wil of God; therefore I say again, the Law of England is pure, Primitive Reason, uncorrupted and unpolluted by humane humors, or humane corruptions, Wits, or Wils; thats the Law of England. There be two reasons why holding up the hand hath been used alwayes. First for notice that those that are called for Capital and Criminal offences, that they hold up their hands, is, to declare that they are the men. My Lord hath given you this one reason already, which I say is, that he be notified by holding up the hand to all the beholders and those that be present & hear him, that he is the man; but besides this, there is more in it, thats thus; a pure innocent hand, does set forth a clear unspotted heart, that so the heart and hand put together might betoken Innocency. And therefore hold up your hand, that thereby you may declare you have a pure innocent heart; if you refuse to do this, you do wilfully deprive your self of the benefit of one of the main proceedings and customes of the Lawes of England: Now for this do what you think fit.
M.
- ↑ But saith M. Hyde in his fore-mentioned Argument, against the Northerne special Commission of Oyer and Terminer, pag. 411. Misera servitus est, ubi jus est vagum aut incognitum. That is to say, It is a miserable servitude, where the law is uncertain or unknown: And the very same saith that great Oracle of the law, Sir Edward Cook, in the Proem to the third part of his Institutes; and in the fourth part fol. 332. and in several places besides. But the people may easily see hereby, that these present Judges drives to have no other law in being in England, but what is in their own and their masters brests, (that so by pretence of law, they may give away all the liberties and proprieties of the people of the Nation, as their brother Judges did lately to the King, in the case of Ship-money) and then wot and woe to the people to be brought back again to that Faith, that ignorance is the Mother of devotion or obedience.
