FREE BOOKS

Author's List




PREV.   NEXT  
|<   454   455   456   457   458   459   460   461   462   463   464   465   466   467   468   469   470   471   472   473   474   475   476   477   478  
479   480   481   482   483   484   485   486   487   488   489   490   491   492   493   494   495   496   497   498   499   500   501   502   503   >>   >|  
tionary, may be consulted with advantage. SIR EDWARD COKE'S EXCEPTIONS AGAINST THE HIGH SHERIFF'S OATH. A curious fact will show the revolutionary nature of human events, and the necessity of correcting our ancient statutes, which so frequently hold out punishments and penalties for objects which have long ceased to be criminal; as well as for persons against whom it would be barbarous to allow some unrepealed statute to operate. When a political stratagem was practised by Charles the First to keep certain members out of the House of Commons, by pricking them down as sheriffs in their different counties, among them was the celebrated Sir Edward Coke, whom the government had made High Sheriff for Bucks. It was necessary, perhaps, to be a learned and practised lawyer to discover the means he took, in the height of his resentment, to elude the insult. This great lawyer, who himself, perhaps, had often administered the oath to the sheriffs, which had, century after century, been usual for them to take, to the surprise of all persons drew up Exceptions against the Sheriff's Oath, declaring that no one could take it. Coke sent his Exceptions to the attorney-general, who, by an immediate order in council, submitted them to "all the judges of England." Our legal luminary had condescended only to some ingenious cavilling in three of his exceptions; but the fourth was of a nature which could not be overcome. All the judges of England assented, and declared, that there was one part of this ancient oath which was perfectly irreligious, and must ever hereafter be left out! This article was, "That you shall do all your pain and diligence to destroy and make to cease all manner of heresies, commonly called _Lollaries_, within your bailiwick, &c."[285] The Lollards were the most ancient of protestants, and had practised Luther's sentiments; it was, in fact, condemning the established religion of the country! An order was issued from Hampton Court, for the abrogation of this part of the oath; and at present all high sheriffs owe this obligation to the resentment of Sir Edward Coke, for having been pricked down as Sheriff of Bucks, to be kept out of parliament! The merit of having the oath changed, _instanter_, he was allowed; but he was not excused taking it, after it was accommodated to the conscientious and lynx-eyed detection of our enraged lawyer. FOOTNOTE: [285] Rushworth's Historical Collections, vol. i. p. 19
PREV.   NEXT  
|<   454   455   456   457   458   459   460   461   462   463   464   465   466   467   468   469   470   471   472   473   474   475   476   477   478  
479   480   481   482   483   484   485   486   487   488   489   490   491   492   493   494   495   496   497   498   499   500   501   502   503   >>   >|  



Top keywords:

Sheriff

 

ancient

 

lawyer

 

sheriffs

 

practised

 

Edward

 
England
 
judges
 

Exceptions

 

resentment


century

 
persons
 

nature

 

destroy

 
Lollards
 

diligence

 

manner

 
commonly
 

bailiwick

 

consulted


called

 

Lollaries

 

heresies

 
article
 

overcome

 
assented
 

declared

 

EDWARD

 

fourth

 

exceptions


advantage

 

perfectly

 

irreligious

 

Luther

 

taking

 

accommodated

 

conscientious

 

excused

 

allowed

 

changed


instanter
 

detection

 

Collections

 

Historical

 

enraged

 

FOOTNOTE

 

Rushworth

 

parliament

 

religion

 

country