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It was, indeed, matter of history that in the Middle Ages the crown had exercised its prerogative in many ways which it had since abandoned. Boroughs had been enfranchised, and again disfranchised, apparently from no motive but pure caprice; writs of summons had been withheld from peers. But no one would have justified the repetition of such acts now.
Act 1, Parl. 19; Act 5, Parl. 20, King James VI., do condemn all erroneous books and writs, containing erroneous doctrine against the religion presently professed or containing superstitious rites and ceremonies Papistical, whereby the people are greatly abused; and ordains the home-bringers of them to be punished, Act 25, Parl. 11, King James VI., do condemn the monuments and dregs of the bygone idolatry, as going to crosses, observing the festival days of Saints and other superstitious and Papistical rites, to the dishonour of God, contempt of true religion, and fostering of great error among the people; and ordains the users of them to be punished for the second fault as idolaters, Act 104, Parl. 7, King James VI.
The old Ministers would go on with the business of the country, Lord de Terrier with his followers having declined to take affairs into their hands; and at the close of the session, which should be made as short as possible, writs should be issued for new elections. This was Mr. Mildmay's programme, and it was one of which no one dared to complain very loudly. Mr.
The League advised them not to do this, but to demand 25 per cent. reduction again in December 1881. This demand was rejected, and forty writs were issued. The tenants thereupon in January 1882 came in and paid the full rent, with the costs. Eleven tenants after this went into Court, and in 1883 the Sub-Commissioners cut down their rents. In five cases Mr. Brooke appealed.
But such was the national antipathy of the English settlers to the poor French refugees, that Archdale found their total exclusion from all concern in legislature was absolutely necessary to the peaceable convocation of the delegates, and therefore issued writs directing them only to Berkley and Colleton counties.
Then indeed we should have a small world of our own, with the learned professions all represented; for of course Phil by that time will be qualified to do our law for us, in case we quarrel and require writs and replevins or habeas corpuses, or any last wills and testaments drawn up.
Where it is considered that the king was the sole legislative power, and that he exercised this power, to a great extent, by orders in council, and by writs and "letters" addressed oftentimes to some sheriff, or other person, and that his commands, when communicated to his justices, or any other person, "by letters," or writs, under seal, had as much legal authority as laws promulgated in any other form whatever, it will be seen that this oath of the justices absolutely required that they disregard any legislation that was contrary to "common right," or "the common law," and notify the king that it was contrary to common right, or the common law, and then proceed to execute the common law, notwithstanding such legislation.
It mattered little, however, whether the recommendations of the Commission were good or bad. They were all doomed before they were known. The writs summoning the Convocation of the province of Canterbury had been issued; and the clergy were every where in a state of violent excitement.
By the establishment of baronial partisans as governors of the castles, ministers, sheriffs, and conservators of the peace, the administration passed at once into the hands of the victorious party. Three weeks later writs were issued for a parliament which included four knights from every shire.
Gilbert's Cases in Law and Equity, &c;., &c;., 456. All the ancient writs, given in Glanville, for summoning jurors, indicate that the jurors judged of everything, on their consciences only. See Writs in Beames' Glanville, p. 54 to 70, and 233 306 to 832. He says: "By one law, every one was to be tried by his peers, who were of the same neighborhood as himself.
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