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.