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Cranmer had been occupied not only with the Prayer-book, but also with the preparation of Articles of Belief, and of a scheme which, as drawn up, was generally known as the Reformatio Legum, elaborating a plan of ecclesiastical administration. The latter appears to have seen the light either in 1551 or 1552, but it was never authorised.
Henry VI.'s Chief Justice of the King's Bench, Sir John Fortescue, in his delightful treatise 'De Laudibus Legum Angliæ, describes the ceremony attending the creation of a justice, and minutely sets forth the chief items of judicial costume in the Bench and Common Pleas during his time.
To your lordship's zeal and industry without doubt is owing, that the Papists and the Tories have not delivered this kingdom over to the Pretender, so Caesar conquered Pompey that Legum auctor et eversor, and 'twas but just the liberty and laws of Rome should afterwards depend upon his will and pleasure.
Dublin, printed in the year 1724-5. Ceteri, quanto quis servitio promptior, opibus et honoribus extollerentur: Invalido legum auxilio, quae vi, ambitu, postremo pecunia turbabantur. Tacit. An.
In the 'De Laudibus Legum Angliæ, written in the latter part of the fifteenth century, Sir John Fortescue says "But to the intent, most excellent Prince, yee may conceive a forme and an image of this study, as I am able, I wil describe it unto you. For there be in it ten lesser houses or innes, and sometimes moe, which are called Innes of the Chauncerye.
Liber Praesens, Cvivs Avthor est Ioannes Mandevil militaris ordinis, agit de diuersis patrijs, Regionibus, Prouincijs, et insulis, Turcia, Armenia maiore et minore, AEgypto, Lybia bassa et alta, Syria, Arabia, Persia, Chaldaea, Tartaria, India, et de infinitis insulis, Ciuitatibus, villis, castris, et locis, quae gentes, legum, morum, ac rituum inhabitant diuersorum.
For it seems as if a formidable prerogative, not much heard of where we might expect to hear of it, not used by Cranmer and Laud, though approved by Cranmer in the Reformatio Legum, had sprung into being and energy in the hands of the mild Archbishop Tenison. Watson's case may be good law and bind the Archbishop.
Our constitutions emanate not from the government, but the State, the society, the creator of the government; and are, therefore, in the strictest sense of the words, leges legum. The radical principle of our system is, that the act of the legislative body, beyond or contrary to the power confided to it by the Constitution, is a nullity, and absolutely void.
Whereupon he concludeth out of Stapleton, that we are bound to the performance of things prescribed by human laws, in such sort, that the non-performance of them is sin, not ex sola legislatoris voluntate, sed ex ipsa legum utilitate. If they say that we must think those laws to be profitable or convenient, which they, who are set over us, think to be so, then they know not what they say.
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