Page:Ruffhead - The Statutes at Large - vol 9.djvu/19

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to the READER.
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The History of this Dutchy is farther illustrated by the Act of 1 Henry VII. for vesting the Dutchies of Lancaster and Cornwall, &c. in Henry VII. and his Heirs, without saying Kings of England, and for settling the Dutchy of Cornwal on the first born Son of the said Henry. It is observable, that Henry VII. derived his Title under Henry IV. and that he copied the Policy of that Prince by separating the Dutchy again from the Crown.

The Reader will also find a very lingular Act of the 1 Eliz. giving Authority to the Queen's Majesty upon the Avoidance of any Archbishoprick or Bishoprick, to take into her Hands certain of the temporal Possessions thereof; recompensing the same with Parsonages impropriate, and Tenths. This indeed was an effectual way of securing the Revenue; and such a short and peremptory Expedient as was very confident with the Policy of this Princess.

The last of the Acts which, to the Editor's Knowlege, have never been in Print before, is the Statute of 13 Car. II. st. 1. for the Regulation of the publick Office of the Masters in Chancery; by which the Fees are settled and the Hours of Attendance ascertained.

There are likewise several other Statutes in this Appendix, which do not require any Explanation or Comment; but which nevertheless contain not only Subjects of Curiosity to the Antiquarian, but Matter of Information to the Historian and Philosopher; who from thence may discover the Causes of many successive Changes which the Constitution hath undergone: And there cannot be a more pleasing and useful Exercise of the Mind, than to trace the Progress toward Refinement, through all the rude Stages of civil Policy. From such an Investigation, however, we shall be led to conclude, that fortuitous Events have often contributed, more than human. Foresight, toward its Improvement [1].

  1. However the Statute Law of this Kingdom may fall short of Perfection, which no human Institutions can attain, yet it ought to be prized by every Friend of our excellent Constitution; as among other Excellencies, it contains the valuable Charters by which we hold that Liberty which is our peculiar Boast. With regard to the Great Charter, though it is obsolete, so far as it regards the feudal Regulations; the 29th: Clause, nevertheless, which contains general Provisions for the Preservation of publick Freedom, and the Security of Property, is still in force. The Liberties of the Subject, however, are farther and more particularly ascertained by the famous Petition of Right of the 3 Car. I. whereby the Lords and Commons, among other Things, claim, that no Man be compelled to make or yield any Loan, Tax, or such like Charge, but by Consent of Parliament: That no Freeman be imprisoned for such Refusal: That no Soldiers or Mariners be quartered upon the People, &c.

    It is observable, that when the Commons had framed this Petition, and presented it to the Lords for their Concurrence, the latter thought proper to make the following Addition in the Conclusion:

    "We present this our humble Petition, to your Majesty, with the Care not only of preferving our own Liberties, but with due regard to leave entire that Sovereign Power wherewith your Majesty is trusted for the Protection, Safety and Happiness of the People."

    This Addition produced a Conference between the two Houses, wherein the Commons objected against the dangerous Saving included in those Words Sovereign Power; and their Arguments were so cogent and

Besides