An historical and political discourse of the laws & government of England from the first times to the end of the reign of Queen Elizabeth : with a vindication of the ancient way of parliaments in England : collected from some manuscript notes of John Selden, Esq. / by Nathaniel Bacon ..., Esquire.
         Bacon, Nathaniel, 1593-1660.
      
       
         
           1689
        
      
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         64112
         
           
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         Transcribed from: (Early English Books Online ; image set 64112)
         Images scanned from microfilm: (Early English books, 1641-1700 ; 333:7)
      
       
         
           
             An historical and political discourse of the laws & government of England from the first times to the end of the reign of Queen Elizabeth : with a vindication of the ancient way of parliaments in England : collected from some manuscript notes of John Selden, Esq. / by Nathaniel Bacon ..., Esquire.
             Bacon, Nathaniel, 1593-1660.
             Selden, John, 1584-1654.
          
           2 v. ([18], 203; [4], 188, [5] p.)
           
             Printed for John Starkey, and are to be sold by J. Robinson [and 4 others],
             London :
             1689.
          
           
             Each vol. has special t.p. with imprint date 1682.
             Advertisement on p. [3], [8]-[9] (v. 1).
             Reproduction of original in University of Chicago Library.
             Includes indexes.
             Marginal notes.
          
        
      
    
     
       
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         eng
      
       
         
           Constitutional history -- Great Britain.
        
      
    
     
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           Advertisement
           .
        
         
           THis
           Book
           at
           its
           first
           Publishing
           ,
           which
           was
           shortly
           after
           the
           Death
           of
           
             King
             Charles
             the
             First
          
           ,
           had
           the
           ill
           fortune
           to
           be
           coldly
           received
           in
           the
           world
           ,
           by
           reason
           of
           the
           Circumstances
           of
           those
           times
           ;
           but
           after
           
             K.
             Charles
             the
             Second
          
           was
           possest
           of
           the
           Crown
           ,
           and
           endeavoured
           to
           advance
           the
           Prerogative
           beyond
           its
           just
           bounds
           ,
           the
           Book
           began
           to
           be
           much
           enquired
           after
           ,
           and
           lookt
           into
           by
           many
           
             Learned
             Men
          
           who
           were
           not
           willing
           to
           part
           easily
           with
           their
           Birth-Rights
           ,
           so
           that
           in
           a
           short
           time
           it
           became
           very
           scarce
           ,
           and
           was
           sold
           at
           a
           great
           rate
           ;
           this
           occasion'd
           the
           private
           Reprinting
           of
           it
           in
           the
           year
           1672
           ,
           which
           as
           soon
           as
           the
           Government
           perceived
           ,
           they
           Prosecuted
           both
           the
           Publisher
           and
           the
           Book
           so
           violently
           ,
           that
           many
           hundreds
           of
           the
           Books
           were
           seized
           and
           burnt
           ;
           that
           ,
           and
           the
           great
           want
           of
           the
           Book
           since
           occasioned
           the
           Reprinting
           of
           it
           (
           without
           any
           Alterations
           or
           Omissions
           )
           in
           the
           year
           1682
           ,
           when
           the
           Press
           was
           at
           liberty
           by
           reason
           of
           the
           ceasing
           of
           the
           Act
           for
           Printing
           ,
           but
           Prerogative
           then
           getting
           above
           the
           Law
           ,
           it
           met
           with
           a
           new
           Persecution
           ,
           and
           the
           Publisher
           was
           Indicted
           for
           the
           Reprinting
           of
           it
           ;
           the
           passages
           in
           it
           upon
           which
           the
           Indictment
           was
           found
           ,
           were
           these
           ,
           Part
           II.
           Page
           76.
           beginning
           Line
           the
           24th
           ,
           thus
           ,
           
             I
             do
             easily
             grant
             that
          
           Kings
           
             have
             many
             occasions
             and
             opportunities
             to
             beguile
             their
             people
             ;
             yet
             can
             they
             do
             nothing
          
           as
           Kings
           ,
           
             but
             what
             of
             Right
             they
             ought
             to
             do
             .
             They
             may
             call
          
           Parliaments
           ,
           
             but
             neither
             as
             often
             or
             seldom
             as
             they
             please
             ,
             if
             the
          
           Statute
           Laws
           
             of
             this
             Realm
             might
             take
             place
             .
          
           And
           ,
           Part
           II.
           Page
           148.
           
           Line
           32.
           
           
             And
             though
          
           Kings
           
             may
             be
             Chief
             Commanders
             ,
             yet
             they
             are
             not
             the
             Chief
             Rulers
             .
          
           The
           Prosecution
           went
           on
           so
           rigorously
           ,
           that
           the
           Publisher
           ,
           tho'
           beyond
           the
           Seas
           ,
           yet
           willing
           to
           try
           the
           Cause
           ,
           appeared
           according
           to
           the
           constant
           practice
           of
           the
           Court
           of
           King's-Bench
           ,
           by
           his
           Attorney
           ,
           but
           for
           not
           being
           personally
           present
           in
           the
           Court
           ,
           (
           which
           was
           then
           impossible
           )
           he
           was
           by
           the
           Arbitrary
           Power
           of
           the
           then
           
             Lord
             Chief
             Justice
             Jefferys
          
           Out-Law'd
           for
           a
           Misdemeanour
           ,
           and
           so
           remain'd
           till
           this
           wonderful
           Revolution
           ,
           by
           the
           wise
           Conduct
           of
           his
           Highness
           the
           
             Prince
             of
             Orange
          
           .
        
         
           The
           Books
           have
           been
           ever
           since
           with
           care
           and
           charge
           preserved
           ,
           for
           the
           benefit
           of
           all
           that
           are
           willing
           to
           know
           and
           maintain
           their
           Antient
           Laws
           and
           Birth-Rights
           .
        
         
           It
           was
           well
           known
           to
           ,
           and
           owned
           by
           ,
           the
           late
           
             Lord
             Chief
             Justice
             Vaughan
          
           ,
           who
           was
           one
           of
           the
           Executors
           of
           the
           Great
           and
           Learned
           
             Mr.
             Selden
          
           ,
           that
           the
           Ground-work
           was
           his
           ,
           upon
           which
           
             Mr.
             Bacon
          
           raised
           this
           Superstructure
           ,
           which
           hath
           been
           and
           is
           so
           well
           esteem'd
           ,
           that
           it
           is
           now
           again
           made
           publick
           ,
           by
        
         
           
             
               January
               the
               10th
               .
               1688-9
               .
            
          
           
             John
             Starkey
             .
          
        
      
       
         
         
           AN
           Historical
           and
           Political
           DISCOURSE
           OF
           THE
           Laws
           &
           Government
           OF
           ENGLAND
           ,
           FROM
           The
           FIRST
           TIMES
           to
           the
           End
           of
           the
           Reign
           of
           QUEEN
           ELIZABETH
           .
        
         
           WITH
           A
           VINDICATION
           of
           the
           ANCIENT
           WAY
           of
           Parliaments
           in
           England
           ,
        
         
           Collected
           from
           some
           Manuscript
           Notes
           of
           
             John
             Selden
          
           ,
           
             Esq
          
           by
           
             Nathaniel
             Bacon
          
           of
           
             Grays
             Inn
          
           ,
           Esquire
           .
        
         
           LONDON
           ,
           Printed
           for
           
             John
             Starkey
          
           ,
           And
           are
           to
           be
           Sold
           by
           
             J.
             Robinson
          
           at
           the
           Golden
           Lyon
           in
           St.
           
             Pauls
             Church-Yard
             ,
             R.
             Bentley
          
           in
           Russel-Street
           in
           
             Covent-Garden
             ,
             Jacob
             Tonson
          
           at
           the
           Judges
           Head
           in
           
             Chancery-Lane
             ,
             T.
             Goodwin
          
           at
           the
           Maiden
           Head
           in
           Fleetstreet
           ,
           and
           
             T.
             Fox
          
           at
           the
           Angel
           in
           Westminster-Hall
           ,
           1689.
           
        
      
       
         
         
         
           AN
           HISTORICAL
           and
           POLITICAL
           DISCOURSE
           OF
           THE
           Laws
           &
           Government
           OF
           ENGLAND
           .
        
         
           The
           FIRST
           PART
           .
        
         
           From
           the
           FIRST
           TIMES
           till
           the
           REIGN
           OF
           EDWARD
           III.
           
        
         
           LONDON
           :
           Printed
           for
           
             John
             Starkey
          
           ,
           at
           the
           Miter
           in
           Fleet-street
           neer
           Temple-Bar
           .
           M.DC.LXXXII
           .
        
      
       
         
         
         
           Advertisement
           .
        
         
           A
           Private
           Debate
           concerning
           the
           right
           of
           an
           
             English
             King
          
           to
           Arbitrary
           rule
           over
           
             English
             Subjects
          
           ,
           as
           Successor
           to
           the
           
             Norman
             Conquerour
          
           ,
           (
           so
           called
           )
           first
           occasioned
           this
           Discourse
           .
           Herein
           I
           have
           necessarily
           fall'n
           upon
           the
           Antiquity
           and
           Vniformity
           of
           the
           Government
           of
           this
           Nation
           :
           It
           ,
           being
           cleared
           ,
           may
           also
           serve
           as
           an
           Idea
           for
           them
           to
           consider
           ,
           who
           do
           mind
           the
           restitution
           of
           this
           shattered
           Frame
           of
           Policy
           .
           for
           as
           in
           all
           other
           Cures
           ,
           so
           in
           that
           of
           a
           distempered
           Government
           ,
           the
           Original
           Constitution
           of
           the
           Body
           is
           not
           lightly
           to
           be
           regarded
           ;
           and
           the
           contemplation
           of
           the
           Proportions
           and
           manners
           of
           the
           Nation
           in
           a
           small
           Model
           ,
           brings
           no
           less
           furtherance
           to
           the
           right
           apprehension
           of
           the
           true
           nature
           thereof
           (
           besides
           the
           delight
           )
           than
           the
           perusing
           of
           a
           Map
           doth
           to
           the
           Traveller
           ,
           after
           a
           long
           and
           tedious
           travel
           .
        
         
           I
           propound
           not
           this
           Discourse
           as
           a
           Patern
           drawn
           up
           to
           the
           life
           of
           the
           thing
           ,
           nor
           the
           thing
           it self
           as
           a
           Master-piece
           for
           future
           Ages
           :
           for
           well
           I
           know
           ,
           that
           Commonwealths
           in
           their
           minority
           want
           not
           onely
           perfection
           of
           Strength
           and
           Beauty
           ,
           but
           also
           of
           Parts
           and
           Proportion
           ;
           especially
           seeing
           that
           their
           full
           age
           attaineth
           no
           further
           growth
           ,
           than
           to
           a
           mixture
           of
           divers
           Forms
           in
           one
           .
           Ambition
           hath
           done
           much
           by
           Discourse
           and
           Action
           to
           bring
           forth
           Absolute
           Monarchy
           out
           of
           the
           Womb
           of
           Notion
           ;
           but
           yet
           ,
           like
           that
           of
           the
           Philosopher's
           Stone
           ,
           the
           issue
           is
           but
           wind
           ,
           and
           the
           end
           misery
           to
           the
           undertakers
           :
           And
           therefore
           more
           than
           probable
           it
           is
           ,
           that
           the
           utmost
           perfection
           of
           this
           Nether-worlds
           
             best
             Government
          
           ,
           consists
           in
           the
           upholding
           of
           a
           due
           proportion
           
           of
           several
           Interests
           ,
           compounded
           into
           one
           temperature
           .
        
         
           He
           that
           knoweth
           the
           secrets
           of
           all
           Mens
           Hearts
           ,
           doth
           know
           that
           my
           aim
           in
           this
           Discourse
           is
           neither
           at
           Scepter
           or
           Crosier
           ,
           nor
           after
           Popular
           Dotage
           ,
           but
           that
           Justice
           and
           Truth
           may
           moderate
           in
           all
           .
           This
           is
           a
           Vessel
           ,
           I
           confess
           ,
           ill
           and
           weakly
           built
           ,
           yet
           doth
           it
           adventure
           into
           the
           vast
           Ocean
           of
           your
           Censures
           ,
           Gentlemen
           ,
           who
           are
           
             Antiquaries
             ,
             Lawyers
          
           ,
           and
           Historians
           ;
           any
           one
           of
           whom
           might
           have
           steered
           in
           this
           course
           much
           better
           than
           my self
           .
           Had
           my
           own
           credit
           been
           the
           fraight
           ,
           I
           must
           have
           expected
           nothing
           less
           than
           wrack
           and
           loss
           of
           all
           ;
           but
           the
           main
           design
           of
           this
           Voyage
           being
           for
           discovery
           of
           the
           true
           nature
           of
           this
           Government
           to
           common
           view
           ,
           I
           shall
           ever
           account
           your
           just
           Censures
           and
           Contradictions
           (
           especially
           published
           with
           their
           grounds
           )
           to
           be
           my
           most
           happy
           return
           ,
           and
           as
           a
           Crown
           to
           this
           Work
           :
           And
           that
           my
           labour
           hath
           its
           full
           reward
           ,
           if
           others
           ,
           taking
           advantage
           by
           my
           imperfections
           ,
           shall
           beautifie
           England
           with
           a
           more
           perfect
           and
           lively
           Character
           .
        
      
       
         
         
           THE
           CONTENTS
           Of
           the
           FIRST
           PART
           .
        
         
           
             
               CHAP.
               I.
            
             Of
             the
             Britons
             and
             their
             Government
             .
             page
             1
          
           
             II.
             Concerning
             the
             Conversion
             of
             the
             Britons
             into
             the
             Faith.
             2
          
           
             III.
             Of
             the
             entry
             of
             the
             Romans
             into
             Britain
             ,
             and
             the
             State
             thereof
             during
             their
             continuance
             .
             3
          
           
             IV.
             Of
             the
             entry
             of
             the
             Saxons
             ,
             and
             their
             manner
             of
             Government
             .
             8
          
           
             V.
             Of
             
             Austin's
             coming
             to
             the
             Saxons
             in
             England
             ,
             his
             Entertainment
             and
             Work.
             11
          
           
             VI.
             Of
             the
             imbodying
             of
             Prelacy
             into
             the
             Government
             of
             this
             Kingdom
             .
             13
          
           
             VII
             .
             Of
             Metropolitans
             in
             the
             Saxons
             time
             .
             15
          
           
             VIII
             .
             Of
             the
             Saxon
             Bishops
             .
             16
          
           
             IX
             .
             Of
             the
             Saxon
             Presbyters
             .
             17
          
           
             X.
             Of
             inferiour
             Church-Officers
             amongst
             the
             Saxons
             .
             18
          
           
             XI
             .
             Of
             Church-mens
             maintenance
             amongst
             the
             
               Saxons
               .
               ibid.
            
             
          
           
             XII
             .
             Of
             the
             several
             Precincts
             or
             Jurisdictions
             of
             Church-Governours
             amongst
             the
             Saxons
             .
             22
          
           
             XIII
             .
             Of
             the
             manner
             of
             the
             Prelates
             Government
             of
             the
             Saxon
             Church
             .
             23
          
           
             XIV
             .
             Of
             Causes
             Ecclesiastical
             .
             24
          
           
             XV.
             A
             brief
             censure
             of
             the
             Saxon
             Prelatical
             Church-Government
             .
             27
          
           
             XVI
             .
             Of
             the
             Saxons
             Commonwealth
             and
             the
             Government
             thereof
             ,
             and
             first
             of
             the
             King.
             29
          
           
             XVII
             .
             Of
             the
             Saxon
             Nobility
             33
          
           
             XVIII
             .
             Of
             the
             Freemen
             amongst
             the
             Saxons
             .
             34
          
           
             XIX
             .
             Of
             the
             Villains
             amongst
             the
             Saxons
             .
             35
          
           
             XX.
             Of
             the
             grand
             Council
             amongst
             the
             Saxons
             called
             the
             Micklemote
             .
             36
          
           
             XXI
             .
             Of
             the
             Council
             of
             Lords
             .
             38
          
           
             XXII
             .
             Of
             the
             manner
             of
             the
             Saxon
             Government
             in
             the
             time
             of
             War.
             39
          
           
             XXIII
             .
             Of
             the
             Government
             of
             the
             Saxon
             Kingdom
             in
             the
             times
             of
             peace
             ,
             and
             first
             of
             the
             division
             of
             the
             Kingdom
             into
             Shires
             ,
             and
             their
             Officers
             .
             40
          
           
             XXIV
             .
             Of
             the
             County-court
             ,
             and
             Sheriffs
             Torn
             .
             41
          
           
             XXV
             .
             Of
             the
             division
             of
             the
             County
             into
             Hundreds
             ,
             and
             the
             Officers
             and
             Court
             thereunto
             belonging
             .
             42
          
           
             XXVI
             .
             Of
             the
             division
             of
             the
             Hundreds
             into
             Decennaries
             .
             43
          
           
             XXVII
             .
             Of
             Franchises
             ,
             and
             first
             of
             the
             Church-franchise
             .
             44
          
           
             XXVIII
             .
             Of
             the
             second
             Franchise
             ,
             called
             the
             Marches
             .
             45
          
           
             XXIX
             .
             Of
             County
             Palatines
             .
             ibid.
             
          
           
             XXX
             .
             Of
             Franchises
             of
             the
             person
             .
             46
          
           
             XXXI
             .
             Of
             Mannors
             .
             ibid.
             
          
           
             XXXII
             .
             Of
             Courts
             incident
             and
             united
             unto
             Mannors
             .
             48
          
           
             XXXIII
             .
             Of
             Townships
             and
             their
             Markets
             .
             49
          
           
             XXXIV
             .
             Of
             the
             Forests
             .
             51
          
           
             XXXV
             .
             Concerning
             Judges
             in
             Courts
             of
             Justice
             .
             52
          
           
             XXXVI
             .
             Of
             the
             proceedings
             in
             Judicature
             by
             Indictment
             ,
             Appeal
             ,
             Presentment
             ,
             and
             Action
             .
             53
          
           
             XXXVII
             .
             Of
             the
             several
             manners
             of
             extraordinary
             trial
             by
             Torture
             ,
             Ordeal
             ,
             Compurgators
             ,
             and
             Battle
             .
             55
          
           
             
             XXXVIII
             .
             Of
             the
             ordinary
             manner
             of
             Trial
             amongst
             the
             Saxons
             by
             Inquest
             .
             56
          
           
             XXXIX
             .
             Of
             passing
             Judgement
             and
             Execution
             .
             59
          
           
             XL.
             Of
             the
             penal
             Laws
             amongst
             the
             Saxons
             .
             60
          
           
             XLI
             .
             Of
             the
             Laws
             of
             property
             of
             Lands
             and
             Goods
             ,
             and
             the
             manner
             of
             their
             Conveyance
             .
             64
          
           
             XLII
             .
             Of
             the
             times
             of
             Law
             and
             vacancy
             .
             68
          
           
             XLIII
             .
             An
             Epilogue
             to
             the
             Saxons
             Government
             .
             69
          
           
             XLIV
             .
             OF
             the
             Norman
             entrance
             .
             70
          
           
             XLV
             .
             Of
             the
             Title
             of
             the
             Norman
             Kings
             to
             the
             English
             Crown
             ;
             that
             it
             was
             by
             Election
             .
             72
          
           
             XLVI
             .
             That
             the
             Government
             of
             the
             Normans
             proceeded
             upon
             the
             Saxon
             principles
             ,
             and
             first
             of
             Parliaments
             .
             75
          
           
             XLVII
             .
             Of
             the
             Franchise
             of
             the
             Church
             in
             the
             Norman
             times
             .
             77
          
           
             XLVIII
             .
             Of
             the
             several
             subservient
             Jurisdictions
             ,
             by
             Marches
             ,
             Counties
             ,
             Hundreds
             ,
             Burroughs
             ,
             Lordships
             ,
             and
             Decennaries
             .
             82
          
           
             XLIX
             .
             Of
             the
             Immunities
             of
             the
             Saxon
             Freemen
             under
             the
             Norman
             Government
             .
             84
          
           
             L.
             Recollection
             of
             certain
             Norman
             Laws
             concerning
             the
             Crown
             ,
             in
             relation
             to
             those
             of
             the
             Saxons
             formerly
             mentioned
             .
             86
          
           
             LI.
             Of
             the
             like
             Laws
             that
             concern
             common
             Interest
             of
             Goods
             .
             89
          
           
             LII
             .
             Of
             Laws
             that
             concern
             common
             Interest
             of
             Lands
             .
             90
          
           
             LIII
             .
             Of
             divers
             Laws
             made
             concerning
             the
             execution
             of
             Justice
             .
             94
          
           
             LIV.
             Of
             the
             Militia
             during
             the
             Normans
             time
             .
             65
          
           
             LV.
             That
             the
             entry
             of
             the
             Normans
             into
             this
             Government
             could
             not
             be
             by
             Conquest
             .
             97
          
           
             LVI
             .
             A
             brief
             Survey
             of
             the
             sense
             of
             Writers
             concerning
             the
             point
             of
             Conquest
             .
             99
          
           
             LVII
             .
             OF
             the
             Government
             during
             the
             Reigns
             of
             
               Stephen
               ,
               Henry
            
             the
             Second
             ,
             Richard
             the
             First
             ,
             and
             John
             ;
             and
             first
             of
             their
             Titles
             to
             the
             Crown
             ,
             and
             disposition
             in
             Government
             .
             103
          
           
             LVIII
             .
             Of
             the
             state
             of
             the
             Nobility
             of
             England
             from
             the
             Conquest
             ,
             and
             during
             the
             Reign
             of
             these
             several
             Kings
             .
             107
          
           
             LIX
             .
             Of
             the
             state
             of
             the
             Clergie
             ,
             and
             their
             power
             in
             this
             Kingdom
             from
             the
             Norman
             time
             .
             109
          
           
             LX.
             Of
             the
             English
             Commonalty
             since
             the
             Norman
             time
             .
             117
          
           
             LXI
             .
             Of
             Judicature
             ,
             the
             Courts
             ,
             and
             their
             Judges
             .
             118
          
           
             LXII
             .
             Of
             the
             certain
             Laws
             of
             Judicature
             in
             the
             time
             of
             Henry
             the
             2.
             120
          
           
             LXIII
             .
             Of
             the
             Militia
             of
             this
             Kingdom
             during
             the
             Reign
             of
             these
             Kings
             .
             125
          
           
             LXIV
             .
             OF
             the
             Government
             of
             Henry
             the
             Third
             ,
             Edward
             the
             First
             ,
             and
             Edward
             the
             Second
             ,
             Kings
             of
             England
             :
             And
             first
             ,
             a
             general
             view
             of
             the
             disposition
             of
             their
             Government
             .
             129
          
           
             LXV
             .
             Of
             the
             condition
             of
             the
             Nobility
             of
             England
             ,
             till
             the
             time
             of
             Edward
             the
             Third
             .
             137
          
           
             LXVI
             .
             Of
             the
             state
             of
             the
             English
             Clergie
             until
             the
             time
             of
             Edward
             the
             Third
             :
             and
             herein
             concerning
             the
             Statutes
             of
             
               Circumspecte
               agatis
               ,
               Articuli
               Cleri
            
             ,
             and
             of
             General
             Councils
             ,
             and
             National
             Synods
             .
             140
          
           
             LXVII
             .
             Of
             the
             condition
             of
             the
             Freemen
             of
             England
             ,
             and
             the
             Grand
             Charter
             ,
             and
             several
             Statutes
             concerning
             the
             same
             ,
             during
             the
             Reign
             of
             these
             Kings
             .
             158
          
           
             LXVIII
             .
             Of
             Courts
             and
             their
             Proceedings
             .
             177
          
           
             LXIX
             .
             Of
             Coroners
             ,
             Sheriffs
             ,
             and
             Crown-Pleas
             .
             179
          
           
             LXX
             .
             Of
             the
             Militia
             during
             these
             Kings
             Reigns
             .
             184
          
           
             LXXI
             .
             Of
             the
             Peace
             .
             188.
             
          
        
      
       
         
         
           THE
           PREFACE
           .
        
         
           THe
           policy
           of
           the
           English
           Government
           ,
           so
           far
           as
           is
           praise-worthy
           ,
           is
           (
           all
           one
           with
           Divine
           Providence
           )
           wrapped
           up
           in
           a
           Vail
           of
           Kings
           ,
           and
           
             Wise
             men
          
           ;
           and
           thus
           implicitely
           hath
           been
           delivered
           to
           the
           World
           by
           Historians
           ,
           who
           for
           the
           most
           part
           read
           Men
           ,
           and
           wear
           their
           Pens
           in
           decyphering
           their
           Persons
           and
           Conditions
           :
           Some
           of
           whom
           ,
           having
           met
           with
           ingenious
           Writers
           ,
           survive
           themselves
           ,
           possibly
           more
           famous
           after
           death
           than
           before
           :
           Others
           ,
           after
           a
           miserable
           life
           wasted
           ,
           are
           yet
           more
           miserable
           in
           being
           little
           better
           than
           Tables
           to
           set
           forth
           the
           Painters
           Workmanship
           ,
           and
           to
           let
           the
           World
           know
           ,
           that
           their
           Historians
           are
           more
           witty
           than
           they
           ,
           of
           whom
           they
           wrote
           ,
           were
           either
           wise
           or
           good
           .
           And
           thus
           History
           ,
           that
           should
           be
           a
           witness
           of
           Truth
           and
           Time
           ,
           becomes
           little
           better
           than
           a
           Parable
           ,
           or
           rather
           ,
           than
           a
           Nonsence
           in
           a
           fair
           Character
           ,
           whose
           best
           commendation
           is
           ,
           that
           it
           is
           well
           written
           .
        
         
           Doubtless
           ,
           Histories
           of
           Persons
           ,
           or
           Lives
           of
           Men
           ,
           have
           their
           excellency
           in
           Fruit
           ,
           for
           imitation
           and
           continuance
           of
           Fame
           ,
           as
           a
           reward
           of
           Vertue
           :
           yet
           will
           not
           the
           coacervation
           of
           these
           together
           declare
           the
           nature
           of
           a
           Commonwealth
           better
           than
           the
           beauty
           of
           a
           Body
           dismembered
           is
           revived
           by
           thrusting
           together
           the
           Members
           ,
           which
           cannot
           be
           without
           deformity
           .
           Nor
           will
           it
           be
           denied
           ,
           but
           many
           wise
           and
           good
           Kings
           and
           Queens
           of
           this
           Realm
           ,
           may
           justly
           challenge
           the
           honour
           of
           passing
           many
           excellent
           Laws
           ,
           albeit
           it
           is
           the
           proper
           work
           of
           the
           Representative
           Body
           to
           form
           them
           ;
           yet
           to
           no
           one
           ,
           nor
           all
           of
           them
           ,
           can
           we
           attribute
           the
           honour
           of
           that
           Wisdom
           and
           Goodness
           that
           constituted
           this
           blessed
           Frame
           of
           Government
           .
           For
           seldom
           is
           it
           seen
           that
           one
           Prince
           buildeth
           upon
           the
           foundation
           of
           his
           Predecessor
           ,
           or
           pursueth
           his
           ends
           or
           aims
           ;
           because
           as
           several
           men
           they
           have
           several
           Judgements
           and
           Desires
           ,
           and
           are
           subject
           to
           a
           
             Royal
             kind
          
           of
           self-love
           ,
           that
           inciteth
           them
           either
           to
           exceed
           former
           Precedents
           ,
           or
           at
           least
           to
           differ
           from
           them
           ,
           that
           they
           may
           not
           seem
           to
           rule
           by
           Copy
           ,
           as
           insufficient
           of
           themselves
           ,
           which
           is
           a
           kind
           of
           disparagement
           to
           such
           as
           are
           above
           .
           Add
           hereunto
           ,
           that
           it
           is
           not
           to
           be
           conceited
           that
           the
           wisest
           of
           our
           Ancestors
           saw
           the
           Idea
           of
           this
           Government
           ;
           
           nor
           was
           it
           any
           where
           in
           precedent
           but
           in
           him
           that
           determined
           the
           same
           from
           Eternity
           :
           For
           as
           no
           Nation
           can
           shew
           more
           variety
           and
           inconstancy
           in
           the
           Government
           of
           Princes
           than
           this
           ,
           especially
           for
           three
           hundred
           years
           next
           insuing
           the
           Normans
           :
           So
           reason
           cannot
           move
           imagination
           that
           these
           Wheels
           ,
           by
           divers
           ,
           if
           not
           contrary
           motions
           ,
           could
           ever
           conspire
           into
           this
           temperature
           of
           policy
           ,
           were
           there
           not
           some
           
             primum
             mobile
          
           that
           hath
           ever
           kept
           one
           constant
           motion
           in
           all
           .
        
         
           My
           aim
           therefore
           shall
           be
           to
           lay
           aside
           the
           consideration
           of
           Man
           as
           much
           as
           may
           be
           ,
           and
           to
           extract
           a
           summary
           view
           of
           the
           
             cardinal
             passes
          
           of
           the
           Government
           of
           this
           Kingdom
           ,
           and
           to
           glance
           at
           the
           various
           Aspects
           of
           the
           ancient
           upon
           the
           modern
           ,
           that
           so
           these
           divers
           Princes
           ,
           and
           wise
           Councils
           in
           their
           different
           course
           ,
           may
           appear
           to
           be
           no
           other
           than
           the
           instruments
           of
           him
           that
           is
           but
           one
           ,
           and
           of
           one
           mind
           ,
           whose
           goings
           forth
           have
           been
           in
           a
           continual
           course
           of
           Wisdom
           and
           Goodness
           for
           our selves
           in
           these
           latter
           days
           .
           And
           herein
           I
           am
           encouraged
           ,
           because
           I
           am
           not
           in
           danger
           of
           temptation
           to
           Flattery
           or
           Spleen
           ,
           nor
           pinched
           with
           Penury
           of
           grounds
           of
           observation
           ;
           having
           to
           do
           with
           a
           Nation
           ,
           than
           which
           a
           clearer
           mirour
           of
           Gods
           gracious
           Government
           is
           not
           to
           be
           found
           amongst
           all
           the
           Nations
           and
           People
           under
           Heaven
           .
        
      
       
         
         
           A
           TABLE
           Of
           the
           PRINCIPAL
           MATTERS
           contained
           IN
           THE
           FIRST
           PART
           of
           this
           BOOK
           .
        
         
           
             
               ABbots
               page
            
             142
          
           
             Abbey
             quarter
             151.
             not
             taxed
             or
             visited
             from
             forrein
             parts
             152
          
           
             Vacancies
             ibid.
             
          
           
             Purveyance
             ibid.
             
          
           
             Abere
             murder
             amongst
             the
             Saxons
             62
          
           
             Accolites
             amongst
             the
             Saxons
             18
          
           
             Accusation
             ,
             witnesses
             amongst
             the
             Saxons
             94
          
           
             Action
             amongst
             the
             Saxons
             53
          
           
             Acquittal
             ,
             vide
             Knight-service
             .
          
           
             Administration
             ,
             vide
             Intestate
             .
          
           
             Adultery
             amongst
             the
             Saxons
             26
          
           
             Amongst
             the
             Normans
             88
          
           
             After
             145
          
           
             Advowsons
             cognizance
             111
          
           
             Aedeling
             33
          
           
             Age
             ,
             vide
             Infancy
             .
          
           
             Aids
             after
             the
             Norman
             times
             125
             ,
             173
             ,
             178
          
           
             Alderman
             33
          
           
             Alienations
             license
             114
             ,
             171
          
           
             Allegiance
             according
             to
             the
             Saxons
             53
          
           
             The
             Normans
             94
          
           
             Amercements
             163
          
           
             Apostacy
             punished
             by
             the
             Saxons
             25
          
           
             After
             121
          
           
             Appeals
             amongst
             the
             Saxons
             53
          
           
             The
             Normans
             94
          
           
             After
             171
          
           
             Appeals
             to
             Rome
             110
          
           
             Setled
             111
          
           
             To
             Ecclesiastical
             Courts
             ibid.
             
          
           
             Archbishops
             ,
             vide
             Metropolitans
             .
          
           
             Arrays
             191
             ,
             &c.
             
          
           
             Arms
             assessment
             128
          
           
             Vide
             Arrays
             .
          
           
             Austin
             the
             Monk
             ,
             his
             coming
             and
             his
             Actions
             11
             ,
             &c.
             
          
        
         
           
             B.
             
          
           
             BAil
             122
             ,
             21
             ,
             158
             ,
             &c.
             182
          
           
             Barks
             ,
             vide
             Bridges
             .
          
           
             Baron
             ,
             vide
             Court.
             
          
           
             
               Bargain
               and
               sale
            
             of
             Goods
             amongst
             the
             Saxons
             67
          
           
             The
             Normans
             82
          
           
             Barons
             Wars
             221
             ,
             &c.
             
          
           
             
             Bastardy
             amongst
             the
             Saxons
             26
          
           
             
               Battle
               trial
            
             amongst
             the
             Saxons
             56
          
           
             Batteries
             punished
             by
             the
             Saxons
             62
             ,
             120
          
           
             Bigamists
             91
          
           
             Bishops
             amongst
             the
             Saxons
             16
          
           
             Vide
             Prelacy
             :
             amongst
             the
             Normans
             ;
             their
             power
             encreased
             77
             ,
             &c.
             
          
           
             Vide
             Elections
             :
             their
             Oath
             to
             the
             Pope
             115
          
           
             Blasphemy
             punished
             by
             the
             Saxons
             25
             ,
             61
          
           
             Amongst
             the
             Normans
             86
          
           
             Bloudshed
             ,
             vide
             Manslaughter
             .
          
           
             Bridges
             164
          
           
             Britons
             ,
             their
             Religion
             and
             Government
             1
             ,
             &c.
             
          
           
             Conversion
             2
          
           
             Instructed
             in
             Learning
             4
          
           
             A
             Province
             ibid.
             
          
           
             The
             last
             that
             submitted
             to
             the
             Papalty
             ,
             and
             the
             first
             that
             shook
             it
             off
             13
          
           
             Burgage
             amongst
             the
             Saxons
             51
          
           
             Burghbote
             ibid.
             
          
           
             Burglary
             punished
             by
             the
             Saxons
             63
          
           
             
               Burning
               of
               Woods
            
             punished
             by
             the
             
               Saxons
               ibid.
            
             
          
           
             Vide
             121
          
           
             Burroughs
             Mag.
             Chart.
             
          
           
             Burroughs
             English
             66
          
        
         
           
             C.
             
          
           
             CAnon-Law
             75
          
           
             Vide
             Prelacy
             .
          
           
             Carriages
             165
             ,
             166
          
           
             Castles
             ,
             their
             use
             73
             ,
             165
             ,
             &c.
             
          
           
             Abuse
             104
          
           
             Occasion
             of
             the
             first
             Civil
             Wars
             130
          
           
             Castles-guard
             ,
             vide
             
               Mag.
               Chart.
            
             166
          
           
             De
             
               Cautione
               admittenda
            
             113
          
           
             Chancery
             178
          
           
             Chancemedley
             179
          
           
             Church
             ,
             maintenance
             by
             the
             
               Saxons
               18
               ,
               &c.
            
             
          
           
             Franchise
             44
          
           
             Alienation
             115
          
           
             Reparation
             146
          
           
             Church-men
             ,
             Action
             183
             ,
             184
          
           
             Discharged
             from
             Torns
             183
          
           
             Purveyance
             17
             ,
             143
          
           
             Their
             complaints
             141
             ,
             147
          
           
             Priviledged
             from
             distress
             150
          
           
             Cricksceat
             amongst
             the
             Saxons
             19
          
           
             Normans
             86
          
           
             Vide
             First-fruits
             .
          
           
             Circuits
             120
          
           
             Citation
             113
             ,
             151
             ,
             242
          
           
             Clerks
             trial
             116
             ,
             143
             ,
             151
          
           
             Killers
             of
             Clerks
             116
          
           
             Comites
             ex
             plebe
             35
          
           
             Common-pleas
             setled
             162
          
           
             Commutation
             ,
             vide
             
               Articuli
               Cleri
            
             .
          
           
             Compurgators
             amongst
             the
             Saxons
             56
          
           
             Confession
             sacred
             150
          
           
             Constitutions
             at
             Clarindon
             111
          
           
             De
             
               Consimili
               casu
            
             178
          
           
             Conveyance
             ,
             vide
             Deeds
             .
          
           
             Copy-hold
             ,
             vide
             Mannor
             .
          
           
             Coroners
             amongst
             the
             Saxons
             41
             ,
             179
          
           
             Corporations
             48
             ,
             &c.
             78
          
           
             Coverfew
             102
          
           
             Councils
             general
             ,
             vide
             Synods
             .
          
           
             
               Council
               of
               Lords
            
             amongst
             the
             Saxons
             33
          
           
             Vide
             Lords
             .
          
           
             Counties
             ,
             Courts
             amongst
             the
             Saxons
             41
          
           
             Normans
             82
             ,
             131
          
           
             After
             172
             ,
             179
             ,
             285
          
           
             
               Court
               Baron
            
             amongst
             the
             Saxons
             48
          
           
             Crown-pleas
             Mag.
             Chart.
             164
          
           
             Courtesie
             of
             England
             in
             the
             Saxons
             time
             65
          
           
             
               Custodes
               pagani
            
             amongst
             the
             Saxons
             35
          
        
         
           
             D.
             
          
           
             DAne-guelt
             102
          
           
             Released
             118
          
           
             
               Darreign
               presentment
            
             Mag.
             Chart.
             163
          
           
             Deacons
             18
          
           
             Deaneries
             amongst
             the
             Saxons
             23
          
           
             Debt
             to
             the
             King
             ,
             satisfaction
             160
          
           
             Debt
             to
             the
             King
             ,
             Mag.
             Chart.
             
          
           
             Decen●●
             amongst
             the
             Saxons
             43
          
           
             
             Normans
             83
          
           
             Deeds
             among
             the
             Saxons
             67
          
           
             Defamation
             146
             ,
             149
          
           
             
               Departure
               beyond
               Sea
            
             without
             license
             112
          
           
             Diocesses
             amongst
             the
             Saxons
             23
          
           
             Distress
             in
             the
             Normans
             time
             89
          
           
             Mag.
             Charta
             161
             ,
             &c.
             
          
           
             Vide
             County-court
             .
          
           
             Disseisin
             ,
             vide
             Redisseisin
             &
             Novel-disseisin
             .
          
           
             Dower
             in
             the
             Saxon
             time
             64
          
           
             Norman
             times
             91
             ,
             160.
             
          
        
         
           
             E.
             
          
           
             
               ECclesiastical
               cognizance
            
             and
             power
             109
             ,
             &c.
             
             80
             ,
             127
          
           
             Vide
             Stat
             Circumspecte
             agatis
             &
             Articuli
             Cleri
             .
          
           
             Ederbrece
             amongst
             the
             Saxons
             63
          
           
             Edward
             the
             first
             133
          
           
             Edward
             the
             Second
             35
          
           
             Elections
             75
             ,
             112
             ,
             144
             ,
             151
          
           
             Elegit
             amongst
             the
             Saxons
             59
          
           
             Englishire
             ,
             a
             Saxon
             Law
             62
          
           
             Errour
             ,
             vide
             Appeals
             .
          
           
             Escheats
             167
          
           
             Vide
             
               Forfeiture
               ,
               Felony
            
             .
          
           
             Escuage
             ,
             Mag.
             Charta
             173
             ,
             &c.
             
          
           
             Excommunication
             in
             the
             Saxons
             time
             59
          
           
             Normans
             80
          
           
             After
             the
             Normans
             time
             113
          
           
             Excommunicato
             deliberando
             150
          
           
             Excommunicato
             capiendo
             151
             182
          
           
             Execution
             in
             the
             Saxon
             time
             59
          
           
             Executors
             ,
             Mag.
             Charta
             .
          
           
             Exorcists
             18
          
        
         
           
             F.
             
          
           
             FAirs
             in
             the
             Norman
             time
             89
          
           
             Fauxonry
             120
             ,
             122
          
           
             Feast-days
             ,
             Norman
             Law
             87
          
           
             Felonies
             and
             Felons
             punishment
             and
             forfeiture
             94
             ,
             121
             ,
             167
          
           
             Concealment
             181
          
           
             Defamed
             ibid.
             
          
           
             Feorme
             or
             Farm
             amongst
             the
             Saxons
             47
          
           
             Fightwit
             amongst
             the
             Saxons
             62
          
           
             Fine
             ,
             by
             the
             
               Normans
               94
               ,
               175
               ,
               &c.
               
            
          
           
             Folkmote
             ,
             vide
             County-court
             .
          
           
             
               Fools
               and
               Ideots
            
             amongst
             the
             Normans
             93
          
           
             After
             175
          
           
             Forein
             Councils
             130
             ,
             132
             ,
             137
          
           
             Fornication
             ,
             vide
             Adultery
             .
          
           
             Forests
             amonst
             the
             Saxons
             51
          
           
             Franchises
             42
          
           
             Frankpledge
             amongst
             the
             Saxons
             78
          
           
             Vide
             View
             .
          
           
             Freemen
             of
             the
             Saxons
             34
          
           
             Normans
             84
          
           
             After
             117
             ,
             169
          
           
             Frithbrech
             amongst
             the
             Saxons
             62
          
           
             Fugam
             fecit
             53
          
           
             Fugitives
             167
          
        
         
           
             G.
             
          
           
             GAvel-kind
             amongst
             the
             Saxons
             66
          
           
             Normans
             100
          
           
             Glebe
             amongst
             the
             Saxons
             20
          
           
             
               Goods
               found
            
             ,
             Saxon
             Law
             68
          
           
             Norman
             89
          
           
             Sale
             ibid.
             
          
           
             Grithbrech
             ,
             vide
             Frithbrech
             .
          
        
         
           
             H.
             
          
           
             HAbendum
             ,
             Saxon
             67
          
           
             Hamsockne
             ,
             Saxon
             63
          
           
             Heresie
             punished
             by
             the
             Saxons
             24
          
           
             Normans
             86
          
           
             After
             121
          
           
             
               Haubergettum
               ,
               Haubertum
               ,
               Halbargellum
            
             ,
             what
             it
             is
             194
          
           
             Heretock
             ,
             Saxon
             33
          
           
             Henry
             the
             First
             74
          
           
             Henry
             the
             Second
             104
          
           
             Henry
             the
             Third
             129
             ,
             &c.
             
          
           
             Shifts
             for
             Money
             130
          
           
             Forein
             Councils
             132
          
           
             Yields
             up
             his
             interest
             in
             the
             Militia
             to
             the
             Lords
             ibid.
             &c.
             
          
           
             
             Heordpeny
             ,
             vide
             Peter-pence
             .
          
           
             High-ways
             priviledge
             190
          
           
             Hundred
             ,
             and
             the
             Court
             Saxon
             42
          
           
             Norman
             83
          
           
             
               Hundred
               Setena
            
             Saxon
             43
          
        
         
           
             I.
             
          
           
             IDolatry
             punished
             by
             the
             Saxons
             60
          
           
             Normans
             86
          
           
             Vide
             Blasphemy
             .
          
           
             Imprisonment
             Saxons
             62
          
           
             Norman
             94
          
           
             Incest
             punished
             by
             the
             Saxons
             62
          
           
             Indictment
             Saxon
             Law
             53
          
           
             Infancy
             amongst
             the
             Saxons
             55
          
           
             After
             123
          
           
             Infangtheoff
             ,
             Saxon
             46
          
           
             Inheritance
             Saxons
             62
          
           
             Normans
             100
          
           
             After
             122
             ,
             &c.
             
          
           
             Inquest
             Saxon
             56
          
           
             Interdict
             in
             the
             Saxon
             time
             24
          
           
             After
             113
          
           
             Intent
             punished
             by
             the
             Normans
             94
          
           
             Intestate
             Saxon
             Law
             68
          
           
             Norman
             89
          
           
             Afterward
             144
             ,
             
               &c.
               165
               ,
               &c.
            
             
          
           
             John
             106
          
           
             Judgement
             ,
             vide
             Execution
             .
          
           
             Judges
             ,
             vide
             Justice
             .
          
           
             Judicatory
             118
             ,
             &c.
             
          
           
             Jury
             grand
             &
             petit
             amongst
             the
             Saxons
             56
          
           
             Justice
             and
             their
             Courts
             amongst
             the
             Saxons
             52
          
           
             Chief
             Justice
             119
          
           
             Judges
             or
             Justices
             itinerant
             after
             the
             Normans
             120
             ,
             124
             ,
             177
          
        
         
           
             K.
             
          
           
             KIngs
             amongst
             the
             Saxons
             ;
             election
             ,
             continuance
             ,
             covenant
             ,
             maintenance
             ,
             power
             in
             Church
             matters
             22
             ,
             &c.
             35
          
           
             Amongst
             the
             Normans
             :
             election
             70
             ,
             &c.
             
          
           
             Covenant
             72
             ,
             &c.
             
          
           
             Power
             in
             Church-matters
             77
             ,
             &c.
             
          
           
             In
             the
             times
             of
             
               Stephen
               ,
               Henry
            
             the
             Second
             ,
             Richard
             the
             First
             ,
             and
             John
             :
             Election
             103
          
           
             Power
             in
             Church-matters
             109
             ,
             &c.
             
          
           
             In
             the
             time
             of
             Henry
             the
             Third
             ,
             Edward
             the
             First
             ,
             and
             Edward
             the
             Second
             .
             Succession
             129
             ,
             &c.
             
          
           
             Power
             in
             Ecclesiastical
             matters
             140
             ,
             &c.
             145
          
           
             In
             Civil
             affairs
             173
             ,
             
               &c.
               199
               ,
               &c.
            
             
          
           
             Knight-service
             amongst
             the
             Saxons
             47
          
           
             Marriage
             91
             ,
             126
             ,
             159
          
           
             Acquittal
             93
          
           
             Widows
             160.
             
          
        
         
           
             L.
             
          
           
             LAnguage
             endeavoured
             to
             be
             changed
             by
             the
             Normans
             101
          
           
             Lashlight
             amongst
             the
             Saxons
             62
          
           
             Lecturers
             amongst
             the
             Saxons
             18
          
           
             Leet
             amongst
             the
             Saxons
             48
          
           
             Legierwit
             amongst
             the
             Saxons
             62
          
           
             Livery
             and
             seisin
             amongst
             the
             Saxons
             67
          
           
             London
             161
          
           
             
               Lords
               day
            
             maintained
             by
             the
             Saxons
             61
          
           
             By
             the
             Normans
             as
             plea
             of
             the
             Crown
             86
          
           
             Lords
             ,
             their
             Councils
             amongst
             the
             Saxons
             38
             ,
             52
          
           
             From
             the
             Conquerour's
             till
             Henry
             the
             Third
             107
          
           
             Lorica
             ,
             what
             it
             is
             193
          
           
             Lucius
             5
             ,
             &c.
             
          
           
             Luminaries
             amongst
             the
             Saxons
             20
          
           
             Lunacy
             ,
             vide
             Fools
             .
          
        
         
           
             M.
             
          
           
             MAgna
             Charta
             107
          
           
             Renewed
             with
             the
             Curse
             130
          
           
             Stat.
             &c.
             158
          
           
             Cap.
             35.
             152
          
           
             Cap.
             37.
             ibid.
             
          
           
             Mainpernours
             by
             the
             Saxons
             53
             ,
             54
          
           
             
             By
             the
             Normans
             .
             94
          
           
             Maims
             punished
             by
             the
             Saxons
             62
          
           
             Mambota
             amongst
             the
             Saxons
             61
          
           
             Mannors
             amongst
             the
             Saxons
             46
          
           
             Normans
             83
          
           
             Man-slaughter
             punished
             by
             the
             Saxons
             61
          
           
             Normans
             87
          
           
             After
             121
          
           
             Manumisson
             85
          
           
             Marriage-portion
             ,
             vide
             Dower
             .
          
           
             Marriage
             ,
             vide
             Knights-service
             .
          
           
             Merchants
             ,
             Mag.
             Charta
             170
          
           
             Marches
             amongst
             the
             Saxons
             45
          
           
             Normans
             82
          
           
             Markets
             amongst
             the
             Saxons
             49
          
           
             Normans
             89
          
           
             Vide
             Townships
             .
          
           
             Marshals
             Courts
             178
          
           
             Matrimonial
             causes
             amongst
             the
             Saxons
             26
          
           
             
               Medietas
               linguae
            
             amongst
             the
             Saxons
             57
          
           
             Metropolitan
             amongst
             the
             Saxons
             15
          
           
             Micklemote
             amongst
             the
             Saxons
             36
          
           
             The
             Primacy
             of
             Canterbury
             setled
             there
             22
          
           
             Mills
             tythed
             149
          
           
             Militia
             amongst
             the
             Saxons
             39
          
           
             The
             Normans
             95
          
           
             During
             the
             Kings
             next
             ensuing
             127
          
           
             During
             
               Henry
               3.
               
               Edward
               1.
               
               Edward
            
             2.
             184
          
           
             Mint
             amongst
             the
             Saxons
             .
          
           
             Normans
             85
          
           
             Monastery
             admission
             114
          
           
             Mortdancester
             123
             ,
             163
          
           
             Mortmain
             152
          
           
             Mortuary
             amongst
             the
             Saxons
             20
          
        
         
           
             N.
             
          
           
             NEws
             scandalous
             182
          
           
             Night-watches
             by
             the
             Normans
             88
          
           
             After
             190
          
           
             Nobility
             amongst
             the
             Saxons
             33
          
           
             From
             the
             Normans
             times
             107
          
           
             From
             King
             
             John's
             time
             137
          
           
             Normans
             ,
             their
             Title
             ,
             70
             ,
             &c.
             
          
           
             Not
             Conquest
             97
          
           
             Novel
             disseisin
             124
             ,
             163.
             
          
        
         
           
             O.
             
          
           
             OBlations
             cognizance
             146
          
           
             
               Odio
               &
               Atia
            
             168
             ,
             &c.
             
          
           
             Officers
             power
             greater
             than
             Kings
             108
          
           
             Ordeal
             amongst
             the
             Saxons
             55
          
           
             Ordinaries
             intestate
             144
          
           
             Outfangtheoff
             amongst
             the
             Saxons
             46
          
           
             Ostiares
             amongst
             the
             Saxons
             18
          
           
             Oaths
             153
             ,
             169
          
        
         
           
             P.
             
          
           
             PAlatine
             county
             amongst
             the
             Saxons
             45
          
           
             Parishes
             amongst
             the
             Saxons
             22
          
           
             Parliaments
             75
             ,
             173
          
           
             Parks
             trespasses
             183
          
           
             Passage
             170
          
           
             Peace
             amongst
             the
             Saxons
             62
          
           
             The
             Normans
             87
          
           
             After
             188
          
           
             
               Penal
               Laws
            
             ,
             Saxons
             60
          
           
             Normans
             86
          
           
             After
             in
             the
             time
             of
             Henry
             2.
             120
          
           
             After
             179
          
           
             Perjury
             punished
             by
             the
             Saxons
             25
             ,
             63
          
           
             Peers
             amongst
             the
             Saxons
             58
          
           
             Peter-pence
             amongst
             the
             Saxons
             20
          
           
             The
             Normans
             86
          
           
             Pledges
             94
          
           
             Plough-Alms
             ,
             Saxons
             20
          
           
             Pope's
             power
             12
             ,
             110
             ,
             114
          
           
             Oppressions
             of
             the
             Clergie
             140
          
           
             Prelacy
             in
             England
             not
             till
             
             Constantine's
             7.
             came
             from
             Rome
             by
             
               Austin
               13
               ,
               &c.
            
             
          
           
             Suddenly
             grown
             27
          
           
             Pr●cipe
             Mag.
             Charta
             167
          
           
             Priors
             ,
             vide
             Abbots
             .
          
           
             Presbyters
             amongst
             the
             Saxons
             17
          
           
             
             Presentment
             amongst
             the
             Saxons
             54
          
           
             Priority
             ,
             vide
             Tenure
             .
          
           
             Prohibitions
             142
             ,
             145
          
           
             Protector
             130
          
           
             Provinces
             amongst
             the
             Saxons
             22
          
           
             Purveyance
             152
             ,
             165
             ,
             &c.
             
          
        
         
           
             Q.
             
          
           
             
               QUare
               Clausum
               fregit
            
             ,
             Saxon
             63
          
           
             Quare
             excommunicavit
             141
          
           
             Quare
             non
             admisit
             ibid.
             
          
           
             Quarentine
             160
             ,
             176
          
           
             Quo
             warranto
             152
          
        
         
           
             R.
             
          
           
             RAnsom
             59
             ,
             162
          
           
             Rape
             ,
             Norman
             88
          
           
             After
             121
             ,
             &c.
             180
          
           
             Reasonable
             part
             160
             ,
             165
          
           
             Vide
             Dower
             .
          
           
             Redemption
             ,
             vide
             Ransom
             .
          
           
             Redisseisn
             183
          
           
             Relief
             ,
             Norman
             90
          
           
             After
             125
          
           
             
               Religious
               houses
            
             ,
             vide
             Abbeys
             .
          
           
             Replevy
             ,
             Norman
             89
          
           
             After
             161
          
           
             Richard
             the
             First
             105
          
           
             Romans
             entry
             3
          
           
             The
             Papalty
             ,
             with
             seven
             degrees
             of
             their
             Church-Officers
             18
          
           
             Seven
             sorts
             of
             Church-maintenance
             22
          
           
             
               Romescot
               ,
               Romesfeogh
            
             ,
             vide
             Heordpenny
             .
          
           
             Robbery
             punisht
             by
             the
             Saxons
             63
          
           
             By
             Normans
             88
          
           
             After
             121
             ,
             122
             ,
             180
             ,
             190
          
        
         
           
             S.
             
          
           
             SAbbath-day
             ,
             Saxon-Law
             61
          
           
             Sacriledge
             ,
             Saxon-Law
             25
          
           
             Sanctuary
             87
             ,
             114
             ,
             150
          
           
             Saxons
             in
             England
             mingled
             56
          
           
             Seal
             ,
             vide
             Deeds
             67
          
           
             Sheriffs
             ,
             Saxon
             40
          
           
             Extortion
             172
             ,
             179
          
           
             Simony
             punished
             by
             the
             Saxons
             26
          
           
             Sorcery
             ,
             vide
             Witchery
             .
          
           
             Soul-shot
             Saxon
             20
          
           
             Socage
             Saxon
             48
          
           
             Steven
             his
             government
             103
          
           
             Stat.
             Magna
             Charta
             ,
             
               vide
               Magna
               Charta
            
             .
          
           
             Merton
             ,
             cap.
             1
             ,
             2
             ,
             6
             ,
             7.
             160
          
           
             Cap.
             1.
             176
          
           
             Cap.
             3.
             183
          
           
             Cap.
             9
             ,
             157
          
           
             Cap.
             10.
             172
          
           
             Cap.
             11.
             183
          
           
             Marlbridge
             ,
             cap.
             1
             ,
             2
             ,
             3.
             161
          
           
             Cap.
             4.
             ibid
          
           
             Cap.
             5.
             175
          
           
             Cap.
             8.
             183
          
           
             Cap.
             9.
             162
          
           
             Cap.
             10.
             142
             ,
             172
          
           
             Cap.
             15.
             162
          
           
             Cap.
             16.
             163
          
           
             Cap.
             17.
             176
          
           
             Cap.
             19.
             164
          
           
             Cap.
             20.
             163
          
           
             Cap.
             21.
             162
          
           
             Cap.
             22.
             162
          
           
             Cap.
             25.
             179
             ,
             188
          
           
             Cap.
             29.
             142
          
           
             West
             .
             cap.
             1
             ,
             2
             ,
             5.
             143
             ,
             &c.
             
          
           
             Cap.
             3.
             181
             ,
             189
          
           
             Cap.
             4.
             176
          
           
             Cap.
             6.
             164
          
           
             Cap.
             9.
             181
          
           
             Cap.
             10.
             179
          
           
             Cap.
             11.
             168
          
           
             Cap.
             12.
             181
          
           
             Cap.
             13.
             180
          
           
             Cap.
             14.
             172
          
           
             Cap.
             15.
             182
          
           
             Cap.
             16.
             162
          
           
             Cap.
             20.
             183
          
           
             Cap.
             22.
             160
          
           
             Cap.
             23.
             179
          
           
             Cap.
             32.
             166
          
           
             Cap.
             33.
             172
          
           
             Cap.
             34.
             182
          
           
             Cap.
             36.
             178
          
           
             Cap.
             51.
             163
          
           
             Bigamy
             154
             ,
             &c.
             
          
           
             Gloucest
             .
             cap.
             1.
             164
          
           
             Cap.
             5.
             160
          
           
             Cap.
             6.
             163
          
           
             Cap.
             8.
             179
             ,
             189
          
           
             Cap.
             9.
             168
          
           
             
             De
             Religiosis
             153
          
           
             Westm.
             2.
             cap.
             13.
             172
          
           
             Cap.
             16.
             160
          
           
             Cap.
             19.
             144
          
           
             Cap.
             24.
             178
          
           
             Cap.
             26.
             183
          
           
             Cap.
             29.
             168
             ,
             178
          
           
             Cap.
             30.
             164
          
           
             Cap.
             33.
             153
          
           
             Cap.
             44.
             180
          
           
             Winton
             189
             ,
             &c.
             
          
           
             Circumspecte
             agatis
             145
             ,
             &c.
             
          
           
             Quia
             emptores
             172
          
           
             De
             Judaismo
             171
          
           
             Quo
             Warranto
             152
          
           
             De
             vasto
             160
          
           
             De
             consultatione
             habenda
             148
          
           
             De
             Wardis
             160
          
           
             
               Artic.
               super
               Cart.
            
             cap.
             2.
             166
          
           
             Cap.
             3.
             178
          
           
             Cap.
             9.
             179
          
           
             Cap.
             12.
             163
          
           
             Cap.
             13
             ,
             14.
             173
          
           
             Cap.
             15.
             178
          
           
             Cap.
             18.
             160
          
           
             Conjunct
             .
             feoffat
             .
             164
          
           
             Amortizand
             .
             terris
             153
          
           
             Asportat
             .
             bonis
             Relig.
             152
          
           
             De
             militibus
             184
          
           
             Artic.
             Cleri
             .
             137
             ,
             148
          
           
             Vicecomit
             .
             137
             ,
             172
             ,
             179
          
           
             De
             prisis
             bonis
             Cleri
             137
             ,
             152
          
           
             Prerog
             .
             Reg.
             137
          
           
             Cap.
             3
             ,
             13.
             160
          
           
             Cap.
             7.
             172
          
           
             Cap.
             9.
             175
          
           
             Cap.
             11.
             176
          
           
             Cap.
             14
             ,
             16.
             167
          
           
             Sub-Deacons
             18
          
           
             Suit
             of
             Court
             125
          
           
             Vide
             Mannor
             .
          
           
             Synods
             ,
             Briton
             7
          
           
             Saxon
             23
          
           
             Disadvantages
             to
             Prelacy
             27
          
           
             Norman
             77
          
           
             Without
             the
             Laity
             117
          
           
             Power
             154
             ,
             &c.
             
          
        
         
           
             T.
             
          
           
             TAil
             ,
             Saxon
             Law
             66
          
           
             Taxes
             173
          
           
             Vide
             Free-men
             .
          
           
             Tenures
             ,
             vide
             Mannor
             .
          
           
             Normans
             changed
             them
             not
             100
          
           
             Tenures
             by
             several
             Lords
             priority
             124
          
           
             By
             Escheats
             171
          
           
             Term
             Saxon
             68
          
           
             Testament
             ,
             Saxon
             ibid.
             
          
           
             After
             126
             ,
             &c.
             
          
           
             Thefts
             cognizance
             121
             ,
             222
          
           
             Tythes
             ,
             original
             19
          
           
             Cognizance
             27
          
           
             Normans
             86
             ,
             111
             ,
             148
             ,
             149
          
           
             Torn
             ,
             Saxon
             41
             ,
             173
          
           
             Torture
             amongst
             the
             Saxons
             55
          
           
             Townships
             and
             their
             Courts
             ,
             Saxon
             49
          
           
             Normans
             83
          
           
             Treason
             punished
             by
             Saxons
             61
          
           
             After
             121
          
           
             Trover
             of
             Goods
             89
          
           
             Troth-plight
             111
          
        
         
           
             V.
             
          
           
             VAcancies
             of
             Churches
             111
             ,
             &c.
             115
          
           
             Vacation
             ,
             vide
             Term.
             
          
           
             
               View
               of
               Pledges
            
             ,
             Saxon
             48
          
           
             Norman
             83
          
           
             After
             164
             ,
             173
          
           
             Villains
             ,
             Saxon
             34
          
           
             Normans
             85
          
           
             Violence
             done
             to
             Clerks
             146
          
           
             Use
             in
             deeds
             of
             Conveyance
             ,
             Saxon
             67
          
           
             Usury
             171
          
        
         
           
             W.
             
          
           
             WArdship
             92
             ,
             126
             ,
             160
             ,
             169
          
           
             Warranty
             ,
             Saxon
             67
          
           
             Wears
             167
          
           
             
               Wera
               wergilda
            
             ,
             Saxon
             62
          
           
             
               Weights
               and
               Measures
            
             ,
             Saxons
             28
          
           
             Normans
             88
             ,
             168
          
           
             Widows
             ,
             vide
             Socage
             and
             Knight-service
             .
          
           
             William
             the
             First
             70
             ,
             &c.
             
          
           
             William
             Rufus
             73
          
           
             Wife
             ,
             Saxon
             62
          
           
             Will
             ,
             vide
             Testament
             .
          
           
             Witnesses
             ,
             deeds
             Saxon
             67
          
           
             Witchery
             25
          
           
             Punished
             by
             Saxons
             60
          
           
             Wita
             ,
             Saxon
             62
          
           
             
               Worship
               ,
               Saxon
            
             ,
             cognizance
             24
          
           
             Wrecks
             176.
             
          
        
      
    
     
       
         
         
         
           AN
           Historical
           and
           Political
           Discourse
           OF
           THE
           Laws
           &
           Government
           OF
           ENGLAND
           .
        
         
           
             CHAP.
             I.
             Of
             the
             BRITONS
             ,
             and
             their
             Government
             .
          
           
             THIS
             is
             Britain
             ,
             or
             rather
             that
             part
             thereof
             ,
             in
             after-ages
             called
             Saxony
             and
             England
             ,
             from
             the
             peoples
             Names
             transplanted
             thither
             .
             The
             Britons
             (
             to
             lay
             aside
             all
             conceipts
             of
             Fame
             )
             I
             take
             to
             be
             an
             issue
             of
             the
             Neighbouring
             Nations
             ,
             from
             the
             German
             and
             Belgick
             shores
             ;
             induced
             hereto
             ,
             partly
             by
             the
             vicinity
             of
             the
             Names
             of
             he
             People
             ,
             
             Cities
             ,
             or
             Towns
             and
             Places
             ,
             but
             more
             of
             their
             Manners
             and
             Customs
             ,
             both
             in
             Religion
             and
             Civil
             Government
             .
             
             Barbarians
             they
             were
             ,
             
             and
             so
             esteemed
             by
             the
             Romans
             ,
             that
             were
             but
             refined
             Barbarians
             themselves
             ,
             
             and
             yet
             they
             worshipped
             an
             Invisible
             ,
             Infinite
             ,
             Omnipotent
             God
             by
             Sacrifices
             :
             but
             the
             greatest
             part
             of
             their
             reverence
             fell
             short
             ,
             and
             rested
             upon
             their
             Priests
             ,
             whom
             they
             accounted
             the
             only
             Secretaries
             that
             God
             had
             on
             earth
             ,
             feared
             their
             interdict
             worse
             than
             death
             itself
             ,
             and
             (
             in
             these
             times
             of
             uttermost
             darkness
             )
             held
             them
             forth
             to
             neighbouring
             Nations
             ,
             to
             instruct
             them
             into
             an
             higher
             excellency
             than
             that
             of
             brutish
             men
             .
          
           
             In
             their
             civil
             Government
             they
             allowed
             preeminence
             of
             their
             Magistrates
             rather
             than
             Supremacy
             ,
             and
             had
             many
             chiefs
             in
             a
             little
             room
             ;
             the
             Romans
             called
             them
             little
             Kings
             ,
             for
             the
             greater
             renown
             of
             their
             Empire
             .
             But
             others
             of
             more
             sobriety
             account
             them
             no
             better
             than
             Lords
             :
             
             Of
             liberties
             ,
             not
             much
             exceeding
             those
             of
             a
             City
             ;
             and
             these
             (
             though
             in
             time
             of
             peace
             
             independant
             upon
             each
             other
             ,
             yea
             perpetual
             Enemies
             ,
             yet
             )
             in
             time
             of
             Forreign
             War
             ,
             joyned
             together
             to
             chuse
             one
             Head
             to
             command
             them
             all
             ,
             according
             to
             the
             custom
             of
             the
             Germans
             ,
             
             as
             Caesar
             noteth
             .
             But
             that
             which
             yet
             cleareth
             the
             matter
             ,
             is
             the
             testimony
             of
             Dion
             in
             the
             Life
             of
             Severus
             the
             Emperour
             ,
             who
             expresly
             saith
             ,
             
               That
               in
            
             Britain
             
               the
               People
               held
               the
               Helm
               of
               Government
               in
               their
               own
               power
               .
            
             So
             as
             these
             were
             not
             Kings
             ,
             nor
             their
             Government
             Monarchical
             ,
             and
             yet
             might
             be
             regular
             enough
             ,
             considering
             the
             rudeness
             that
             in
             those
             days
             overspread
             the
             world
             .
             True
             it
             is
             ,
             that
             by
             a
             holy
             man
             this
             Nation
             was
             in
             latter
             times
             of
             Barbarism
             ,
             
             called
             
               Tyrannorum
               gens
            
             ,
             the
             word
             being
             taken
             
               mitiori
               sensu
            
             ,
             or
             from
             a
             common
             repute
             of
             excessive
             cruelty
             ,
             or
             oppression
             by
             Superiours
             .
             As
             touching
             their
             Cruelty
             ,
             I
             find
             no
             footsteps
             in
             story
             :
             Somewhat
             reflecteth
             upon
             their
             Sacrifices
             ,
             as
             if
             they
             offered
             Mans
             flesh
             ;
             
             but
             that
             was
             common
             to
             the
             Gauls
             ,
             who
             borrowed
             their
             Religion
             from
             Britain
             ;
             and
             it
             might
             be
             founded
             rather
             upon
             an
             error
             in
             judgment
             ,
             than
             savageness
             of
             nature
             .
             Much
             less
             cause
             doth
             appear
             of
             any
             cry
             of
             oppression
             upon
             inferiours
             ,
             but
             rather
             against
             that
             ;
             as
             the
             multitude
             of
             Kings
             or
             Lords
             do
             manifestly
             witness
             ,
             who
             being
             observed
             in
             the
             time
             of
             
               Julius
               Caesar
            
             ,
             continued
             in
             Tiberius
             his
             time
             and
             afterwards
             ,
             until
             in
             the
             Reign
             of
             Claudius
             't
             is
             said
             ,
             that
             Caractacus
             ruled
             over
             many
             Nations
             .
             For
             it
             is
             a
             certain
             Maxim
             ,
             that
             though
             great
             Nations
             may
             be
             upholden
             by
             power
             ,
             small
             Territories
             must
             be
             maintained
             by
             justice
             ;
             without
             which
             ,
             the
             door
             will
             be
             soon
             set
             open
             to
             the
             next
             passenger
             that
             comes
             ;
             especially
             where
             the
             people
             are
             bent
             to
             war
             ,
             as
             these
             were
             ,
             and
             therein
             had
             attained
             such
             exquisite
             perfection
             of
             skill
             in
             Chariot-service
             ,
             as
             must
             needs
             convince
             us
             of
             their
             much
             experience
             against
             themselves
             ,
             in
             regard
             that
             to
             other
             people
             it
             was
             scarce
             known
             ;
             no
             ,
             nor
             yet
             to
             Caesar
             himself
             ,
             that
             had
             been
             practised
             in
             the
             Wars
             of
             all
             Nations
             .
             And
             this
             is
             all
             that
             I
             can
             produce
             out
             of
             story
             ,
             touching
             the
             Government
             of
             Britain
             ,
             before
             the
             entry
             of
             that
             light
             that
             lightneth
             every
             one
             that
             cometh
             into
             the
             world
             .
          
        
         
           
             CHAP.
             II.
             Concerning
             the
             Conversion
             of
             the
             BRITONS
             unto
             the
             Faith.
             
          
           
             IT
             was
             long
             before
             the
             Son
             of
             God
             was
             inwombed
             ,
             and
             whiles
             as
             yet
             Providence
             seemed
             to
             close
             only
             with
             the
             Jewish
             Nation
             ,
             and
             to
             hover
             over
             it
             ,
             as
             a
             choice
             picked
             place
             from
             all
             the
             earth
             ,
             that
             with
             a
             gracious
             eye
             surveying
             the
             forsaken
             condition
             of
             other
             Nations
             ,
             it
             glanced
             upon
             this
             Island
             ;
             both
             thoughts
             and
             words
             reflected
             on
             Isles
             ,
             
               Isles
               of
               the
               Gentiles
               ,
               Isles
               afar
               off
               ,
            
             
             as
             if
             amongst
             them
             the
             Lord
             of
             all
             the
             earth
             had
             found
             out
             one
             place
             that
             should
             be
             to
             him
             as
             the
             Gemme
             of
             the
             ring
             of
             this
             Terrestrial
             Globe
             :
             and
             if
             the
             ways
             of
             future
             providence
             may
             be
             looked
             upon
             as
             a
             gloss
             of
             those
             Prophecies
             ,
             we
             must
             confess
             that
             this
             Island
             was
             conceived
             in
             the
             womb
             thereof
             ,
             long
             before
             it
             was
             manifested
             to
             the
             world
             .
          
           
             To
             recover
             the
             forgotten
             ways
             of
             past
             providence
             ,
             is
             no
             less
             difficult
             ,
             than
             to
             search
             out
             the
             hidden
             bowels
             of
             future
             promises
             ;
             and
             therefore
             I
             shall
             not
             busie
             my self
             to
             find
             out
             the
             particular
             instruments
             that
             brought
             Gods
             presence
             into
             this
             dark
             corner
             ,
             but
             only
             glance
             at
             the
             time
             and
             manner
             ,
             that
             it
             may
             appear
             we
             were
             not
             forgotten
             ,
             nor
             yet
             lost
             ,
             or
             least
             in
             mind
             ,
             at
             that
             time
             of
             the
             dispensation
             of
             this
             grace
             unto
             all
             men
             .
             I
             dare
             not
             instance
             as
             Gildas
             ,
             the
             certain
             time
             of
             six
             years
             ;
             yet
             I
             may
             say
             ,
             that
             no
             sooner
             was
             the
             Scepter
             departed
             from
             Judah
             ,
             but
             with
             a
             
             swift
             pace
             ,
             both
             it
             and
             the
             Law-giver
             came
             hither
             like
             an
             Arrow
             flying
             through
             other
             Countries
             ,
             but
             sticking
             with
             a
             
               ne
               plus
               ultra
            
             in
             this
             Island
             ,
             (
             then
             a
             People
             rather
             than
             a
             Commonwealth
             )
             as
             if
             we
             were
             the
             onely
             White
             that
             then
             was
             in
             God's
             aim
             .
             It
             's
             probable
             in
             the
             highest
             degree
             that
             the
             work
             was
             done
             within
             the
             first
             Century
             ,
             and
             very
             nigh
             about
             the
             Apostolick
             times
             ;
             for
             that
             in
             the
             second
             Century
             Britain
             was
             a
             Church
             of
             Fame
             ,
             and
             known
             to
             the
             Fathers
             that
             dwelt
             afar
             off
             ,
             even
             to
             Tertullian
             and
             Origen
             ,
             and
             in
             short
             time
             had
             outreached
             the
             Roman
             confines
             in
             that
             Island
             ,
             
             (
             which
             had
             cost
             them
             above
             two
             Hundred
             years
             Travel
             )
             and
             was
             grown
             to
             the
             state
             of
             the
             first
             Christian
             Kingdom
             that
             ever
             was
             .
             Unto
             which
             ,
             if
             we
             shall
             allow
             time
             for
             the
             gathering
             and
             growth
             thereof
             unto
             this
             Royal
             pitch
             ,
             proportionable
             to
             the
             half
             of
             that
             which
             afterward
             was
             spent
             in
             the
             like
             work
             ,
             upon
             the
             Saxon
             and
             Danish
             Kings
             ,
             we
             must
             in
             reason
             conclude
             that
             the
             work
             was
             first
             ordered
             by
             Apostolical
             direction
             ,
             or
             some
             of
             their
             Emissaries
             .
             Customs
             also
             do
             not
             obscurely
             declare
             Ages
             .
             For
             before
             that
             Pius
             Bishop
             of
             Rome
             began
             to
             speak
             in
             the
             big
             Language
             of
             Decrees
             ,
             it
             was
             indifferent
             to
             keep
             Easter
             either
             upon
             the
             day
             observed
             by
             the
             Roman
             Church
             ,
             or
             on
             the
             day
             according
             to
             the
             Jews
             custom
             :
             
             and
             although
             the
             Roman
             Church
             began
             within
             fifty
             years
             after
             the
             death
             of
             John
             the
             Evangelist
             ,
             to
             stickle
             to
             impose
             their
             custom
             upon
             other
             Churches
             ;
             yet
             the
             Church
             of
             Britain
             conformed
             not
             to
             that
             course
             by
             the
             space
             of
             five
             Hundred
             years
             after
             that
             time
             ;
             
             which
             reflecteth
             probability
             ,
             that
             the
             Church
             was
             there
             setled
             in
             times
             of
             indifferency
             ,
             not
             by
             Roman
             Order
             ,
             but
             by
             some
             other
             purposed
             Messenger
             .
          
           
             The
             manner
             yet
             is
             more
             remarkable
             ;
             for
             that
             not
             onely
             Principalities
             and
             Powers
             ,
             and
             Spiritual
             Wickednesses
             in
             high
             places
             ,
             (
             which
             are
             but
             Stumbling-blocks
             )
             but
             also
             natural
             wisdom
             of
             the
             Druides
             (
             who
             were
             Masters
             of
             the
             Consciences
             of
             the
             Britons
             ,
             and
             their
             high
             conceit
             of
             their
             excellency
             above
             the
             ordinary
             strain
             of
             men
             ,
             and
             unto
             which
             the
             Cross
             of
             Christ
             is
             meer
             foolishness
             ;
             and
             above
             all
             ,
             the
             deep
             obligement
             of
             the
             People
             unto
             these
             their
             Rabbies
             ,
             in
             a
             Devotion
             beyond
             the
             reach
             of
             other
             Nations
             :
             All
             these
             ,
             I
             say
             )
             stood
             in
             the
             way
             ,
             and
             rendred
             the
             people
             more
             uncapable
             of
             any
             new
             Light.
             But
             when
             the
             time
             fore-set
             is
             fully
             come
             ,
             all
             Mountains
             are
             laid
             low
             ,
             and
             double-folded
             Doors
             fly
             open
             ;
             and
             this
             Conquerour
             of
             all
             Nations
             attempts
             Britain
             ,
             not
             in
             the
             Rear
             ,
             nor
             by
             undermining
             ,
             but
             assails
             them
             in
             their
             full
             strength
             ,
             presents
             in
             a
             clear
             Sun-shine
             that
             one
             true
             Sacrifice
             of
             God-man
             ;
             at
             the
             appearing
             whereof
             ,
             their
             shadows
             of
             many
             Sacrifices
             of
             mans
             flesh
             fly
             away
             .
             And
             thus
             those
             Druides
             that
             formerly
             had
             dominion
             of
             the
             Britons
             Faith
             ,
             become
             now
             to
             be
             helpers
             of
             their
             joy
             ,
             
             and
             are
             become
             the
             leaders
             of
             the
             blind
             people
             in
             a
             better
             way
             ,
             and
             unto
             a
             better
             hope
             ;
             and
             held
             forth
             that
             Light
             which
             through
             Gods
             mercy
             hath
             continued
             in
             this
             Island
             ever
             since
             ,
             through
             many
             Storms
             and
             dark
             Mists
             of
             time
             ,
             until
             the
             present
             Noon-day
             .
          
        
         
           
             CHAP.
             III.
             Of
             the
             entry
             of
             the
             Romans
             into
             Britain
             ,
             and
             the
             state
             thereof
             during
             their
             continuance
             .
          
           
             THis
             conversion
             of
             the
             Druides
             was
             but
             the
             first
             step
             to
             that
             which
             followed
             ,
             
             for
             the
             Decree
             was
             more
             full
             of
             grace
             ,
             than
             to
             make
             
             this
             Isle
             to
             be
             only
             as
             an
             Inne
             for
             him
             to
             whom
             it
             was
             formerly
             given
             for
             a
             possession
             .
             The
             Romans
             are
             called
             into
             the
             work
             ,
             under
             whose
             Iron
             yoak
             ,
             God
             had
             subdued
             all
             Nations
             ,
             thereby
             more
             speedily
             to
             bring
             to
             pass
             his
             own
             conquest
             ,
             both
             of
             that
             one
             Head
             ,
             and
             all
             its
             Members
             .
             The
             first
             Caesar
             had
             entred
             Britain
             before
             the
             Incarnation
             ,
             and
             having
             seen
             and
             saluted
             it
             ,
             and
             played
             his
             prize
             ,
             returned
             with
             the
             same
             only
             of
             Conquest
             of
             some
             few
             Lordships
             neighbouring
             to
             the
             Belgick
             shore
             ;
             
             and
             so
             it
             continued
             correspondent
             to
             the
             Romans
             ,
             or
             rather
             forgotten
             of
             them
             ,
             till
             the
             time
             of
             Claudius
             the
             Emperour
             ;
             who
             being
             at
             leisure
             to
             bethink
             him
             of
             the
             Britons
             Tribute
             ,
             
             or
             rather
             aspiring
             to
             honour
             by
             a
             way
             formerly
             untroden
             by
             his
             Ancestors
             ,
             first
             setled
             Colonies
             in
             Britain
             ,
             and
             brought
             it
             into
             the
             form
             of
             a
             Province
             ,
             and
             ingaged
             his
             Successors
             in
             a
             continual
             War
             to
             perfect
             that
             work
             ,
             which
             outwearied
             their
             strength
             at
             last
             ,
             and
             made
             them
             forego
             the
             prey
             ,
             as
             too
             heavy
             for
             the
             Eagle
             to
             truss
             and
             carry
             away
             .
          
           
             It
             oft
             befals
             ,
             that
             things
             of
             deformed
             shape
             are
             nevertheless
             of
             excellent
             spirit
             ,
             and
             serve
             the
             turn
             best
             of
             all
             :
             and
             it
             is
             no
             less
             remarkable
             ,
             that
             this
             tide
             of
             Roman
             invasion
             ,
             however
             it
             represented
             to
             the
             world
             little
             other
             than
             a
             tumour
             of
             vain-glory
             in
             the
             Romans
             ,
             that
             must
             needs
             be
             fatal
             to
             the
             Britons
             liberty
             and
             welfare
             :
             yet
             by
             over-ruling
             providence
             it
             conduced
             so
             much
             to
             the
             Britons
             future
             glory
             ,
             as
             it
             must
             be
             acknowledged
             one
             of
             the
             chief
             master-pieces
             of
             supernatural
             moderatorship
             that
             ever
             this
             poor
             Island
             met
             with
             .
             First
             ,
             he
             taught
             them
             to
             bear
             the
             yoke
             ,
             to
             stoop
             ,
             and
             become
             tractable
             ;
             for
             stubborn
             spirits
             must
             first
             stoop
             under
             power
             ,
             before
             they
             will
             stoop
             to
             instruction
             .
             But
             this
             onely
             in
             the
             way
             ,
             for
             tractableness
             ,
             if
             good
             ensue
             not
             ,
             is
             of
             it self
             but
             a
             disposition
             for
             evil
             .
             Secondly
             ,
             it
             brought
             into
             Britain
             the
             knowledge
             of
             Arts
             and
             Civility
             ;
             and
             questionless
             it
             was
             a
             wise
             policy
             of
             Agricola
             ,
             
             to
             go
             that
             way
             to
             work
             ;
             for
             it
             is
             an
             easie
             and
             Royal
             work
             to
             govern
             wise
             men
             ,
             but
             to
             govern
             fools
             or
             mad-men
             ,
             is
             a
             continual
             slavery
             ;
             and
             thus
             Religion
             already
             setled
             in
             Britain
             ,
             became
             honoured
             with
             a
             train
             of
             Attendants
             and
             Handmaids
             .
             Thirdly
             ,
             they
             reduced
             the
             number
             of
             little
             Lordships
             nigher
             to
             the
             more
             honourable
             estate
             of
             Monarchy
             :
             for
             the
             Romans
             ,
             by
             dear
             experience
             ,
             finding
             no
             stability
             or
             assurance
             in
             what
             they
             had
             gotten
             ,
             so
             long
             as
             so
             many
             petty
             Kings
             had
             the
             rule
             ;
             they
             wisely
             brought
             the
             whole
             into
             one
             Province
             (
             because
             it
             is
             much
             easier
             to
             govern
             many
             subordinate
             each
             to
             other
             ,
             than
             co-ordinate
             one
             with
             another
             )
             over
             which
             they
             allowed
             one
             chief
             ,
             to
             rule
             the
             people
             according
             to
             their
             own
             Laws
             ,
             saving
             their
             service
             to
             the
             Romans
             and
             their
             Lieutenants
             ,
             until
             they
             were
             necessitated
             to
             yield
             up
             all
             to
             the
             next
             occupant
             .
             This
             served
             the
             British
             Church
             with
             a
             double
             interest
             .
             The
             first
             ,
             Religion
             spreads
             sooner
             under
             one
             uniform
             Government
             ,
             than
             under
             variety
             ;
             and
             under
             Monarchy
             rightly
             ordered
             ,
             rather
             than
             any
             other
             Government
             whatsoever
             ;
             albeit
             that
             other
             Governments
             may
             afford
             it
             faster
             footing
             when
             it
             is
             entred
             .
             Secondly
             ,
             Rome
             was
             a
             renowned
             Church
             throughout
             the
             world
             for
             gifts
             and
             graces
             ;
             and
             it
             is
             obvious
             to
             conceive
             ,
             that
             it
             was
             specially
             purposed
             by
             Divine
             Providence
             to
             make
             that
             place
             a
             Fountain
             ,
             that
             from
             thence
             the
             knowledge
             of
             Christ
             might
             convey
             it self
             joyfully
             with
             the
             influence
             of
             Imperial
             power
             ,
             as
             the
             spirits
             with
             the
             Blood
             ,
             into
             all
             Nations
             of
             that
             vast
             body
             .
          
           
             Above
             one
             hundred
             years
             were
             spent
             in
             this
             Provincial
             way
             of
             Government
             of
             Britain
             ,
             under
             the
             Roman
             Lieutenants
             ;
             during
             all
             which
             time
             ,
             Religion
             spread
             under
             ground
             ,
             whiles
             the
             Roman
             power
             in
             a
             continual
             war
             sprang
             upward
             .
             Nor
             is
             it
             strange
             that
             Religion
             should
             thrive
             in
             War
             :
             the
             French
             Wars
             in
             Edward
             the
             Thirds
             time
             ,
             brought
             much
             of
             this
             happiness
             
             to
             England
             from
             the
             Waldenses
             ;
             and
             Germany
             had
             no
             less
             benefit
             by
             the
             wars
             of
             Charles
             the
             Fifth
             with
             the
             
               Italians
               ,
               French
            
             and
             Turks
             :
             and
             thus
             the
             Romans
             levened
             with
             the
             Gospel
             ,
             by
             exchanging
             men
             with
             Britain
             ,
             and
             other
             mutual
             correspondencies
             ,
             insinuated
             that
             leven
             by
             degrees
             ,
             which
             in
             the
             conclusion
             prevailed
             over
             all
             .
          
           
             For
             the
             Roman
             Lieutenants
             having
             gotten
             sure
             footing
             in
             Britain
             ,
             steered
             their
             course
             with
             a
             different
             hand
             ;
             generally
             they
             were
             of
             the
             Roman
             stamp
             ,
             seeking
             to
             kill
             Christ
             in
             the
             Cradle
             ;
             and
             by
             that
             means
             Religion
             met
             with
             many
             storms
             of
             bitter
             persecution
             ,
             and
             so
             was
             compelled
             to
             bear
             a
             low
             sail
             :
             but
             some
             being
             more
             debonaire
             ,
             and
             of
             wiser
             observation
             ,
             soon
             found
             ,
             that
             the
             way
             of
             justice
             and
             gentleness
             had
             more
             Force
             in
             Britain
             than
             Arms
             ,
             and
             so
             endeavoured
             to
             maintain
             that
             by
             moderation
             ,
             which
             they
             had
             gotten
             by
             labour
             and
             blood
             ;
             as
             it
             is
             ever
             seen
             that
             where
             conquest
             is
             in
             the
             van
             ,
             gentleness
             follows
             in
             the
             rear
             ,
             because
             no
             Bow
             can
             stand
             long
             bent
             ,
             but
             at
             length
             must
             give
             in
             and
             grow
             weak
             .
             And
             thus
             by
             connivance
             ,
             the
             Britons
             got
             a
             little
             more
             scope
             ,
             and
             Religion
             more
             encouragement
             ,
             till
             it
             became
             acquainted
             with
             the
             Roman
             Deputies
             ,
             began
             to
             treat
             with
             the
             Emperours
             themselves
             ,
             and
             under
             the
             wise
             government
             of
             Aurelius
             the
             Emperour
             mounting
             into
             the
             British
             Throne
             ,
             Crowned
             Lucius
             first
             of
             all
             Kings
             with
             the
             Royal
             Title
             of
             a
             Christian.
             
          
           
             He
             now
             not
             so
             much
             a
             Vassal
             as
             a
             Friend
             and
             Ally
             to
             the
             Romans
             ,
             and
             perceiving
             the
             Empire
             to
             be
             past
             noon
             ,
             and
             their
             Lieutenants
             to
             comply
             with
             the
             Christians
             ,
             began
             to
             provide
             for
             future
             Generations
             ,
             and
             according
             to
             the
             two
             grand
             defects
             of
             Religion
             and
             Justice
             ,
             applied
             himself
             for
             the
             establishment
             of
             both
             .
          
           
             Religion
             in
             Britain
             hath
             hitherto
             been
             for
             the
             most
             part
             maintained
             by
             immediate
             influence
             from
             Heaven
             .
             No
             Schools
             ,
             no
             Learning
             ,
             either
             maintained
             or
             desired
             ;
             the
             want
             whereof
             ,
             together
             with
             the
             persecutions
             stirred
             up
             by
             the
             Emperours
             ,
             especially
             Domitian
             ,
             brought
             the
             Church
             to
             so
             low
             an
             ebb
             ,
             that
             the
             Sacraments
             ceased
             :
             for
             Histories
             tell
             us
             that
             Lucius
             sent
             to
             Rome
             for
             relief
             ,
             and
             that
             the
             Bishop
             of
             that
             place
             (
             whether
             Evaristus
             or
             Eleutherius
             )
             sent
             over
             Learned
             men
             to
             Preach
             and
             Baptize
             both
             King
             and
             People
             ;
             
             and
             this
             ,
             Rome
             might
             probably
             gain
             some
             Honour
             ,
             although
             possibly
             the
             King
             intended
             it
             not
             ,
             or
             much
             less
             to
             acknowledg
             any
             Authority
             or
             Power
             in
             that
             Church
             ,
             over
             that
             of
             Britain
             .
             This
             act
             of
             Lucius
             so
             advanced
             him
             in
             the
             opinion
             of
             Writers
             ,
             that
             they
             know
             not
             when
             they
             have
             said
             enough
             .
             Some
             will
             have
             him
             to
             be
             the
             instrument
             of
             the
             first
             entry
             of
             Religion
             into
             this
             Isle
             ;
             others
             ,
             that
             he
             setled
             a
             form
             of
             Church-government
             under
             the
             three
             Archbishops
             of
             
               London
               ,
               York
            
             ,
             and
             Caerlion
             upon
             Vske
             ,
             and
             28
             Bishopricks
             :
             the
             first
             of
             which
             is
             cried
             down
             by
             many
             demonstrative
             instances
             ;
             nor
             can
             it
             consist
             with
             the
             second
             ,
             nor
             that
             with
             it
             ,
             or
             with
             the
             truth
             of
             other
             stories
             .
             For
             it
             neither
             can
             be
             made
             out
             that
             Lucius
             had
             that
             large
             circuit
             within
             his
             Dominion
             ,
             nor
             that
             the
             title
             of
             Archbishop
             was
             in
             his
             daies
             known
             ;
             and
             't
             is
             very
             improbable
             that
             the
             British
             Church
             was
             so
             numerous
             ,
             or
             that
             Religion
             in
             his
             time
             was
             overspread
             the
             whole
             Island
             :
             nor
             is
             there
             any
             mention
             in
             any
             Author
             of
             any
             Monuments
             of
             these
             Archbishops
             ,
             or
             Bishops
             of
             Britain
             ,
             for
             the
             space
             of
             200.
             years
             after
             this
             King's
             reign
             ,
             and
             yet
             no
             continual
             raging
             persecution
             (
             that
             we
             read
             of
             )
             that
             should
             enforce
             them
             to
             obscure
             their
             profession
             ,
             or
             hide
             their
             heads
             ;
             or
             if
             such
             times
             had
             been
             ,
             it
             would
             have
             been
             expected
             that
             Bishops
             in
             those
             daies
             should
             be
             in
             Britain
             ,
             (
             as
             well
             as
             in
             other
             places
             )
             most
             famous
             for
             gifts
             and
             graces
             ,
             and
             pass
             in
             the
             forefront
             of
             persecution
             .
             But
             we
             find
             no
             such
             thing
             ;
             no
             not
             in
             the
             rages
             of
             Dioclesian
             ,
             which
             made
             the
             
             British
             Church
             famous
             for
             Martyrs
             :
             Writers
             speak
             of
             
               Alban
               ,
               Amphibalus
               ,
               Aron
               ,
               Julius
            
             and
             a
             multitude
             of
             Lay-people
             ,
             but
             do
             not
             mention
             one
             Bishop
             ,
             nor
             Presbyter
             ,
             
             nor
             other
             Clergy-man
             ,
             but
             
               quendam
               Clericum
            
             ,
             a
             man
             it
             seems
             of
             no
             note
             ,
             and
             of
             unknown
             name
             .
             In
             Charity
             therefore
             the
             English
             Church
             in
             those
             daies
             must
             be
             of
             mean
             repute
             for
             outward
             pomp
             ;
             and
             to
             liftedup
             to
             that
             height
             of
             Archbishops
             ,
             when
             as
             Rome
             it self
             was
             content
             with
             a
             Bishop
             .
          
           
             Somewhat
             more
             probable
             it
             is
             ,
             that
             is
             noted
             by
             Writers
             concerning
             Lucius
             his
             endeavour
             to
             settle
             the
             Commonwealth
             and
             good
             Laws
             for
             Government
             ,
             and
             to
             that
             end
             did
             write
             a
             Letter
             to
             Eleutherius
             ,
             Bishop
             of
             Rome
             ,
             for
             a
             Model
             of
             the
             Roman
             Laws
             ;
             probably
             being
             induced
             thereunto
             by
             the
             splendor
             of
             the
             state
             of
             the
             
             Roman-Church
             and
             Commonwealth
             ,
             the
             onely
             Favorite
             of
             fame
             in
             those
             times
             through
             the
             Northern
             parts
             of
             the
             World.
             Things
             afar
             off
             ,
             I
             confess
             ,
             are
             dim
             ,
             and
             it
             is
             meet
             that
             Antiquaries
             should
             have
             the
             honour
             due
             to
             great
             after-sight
             :
             And
             therefore
             I
             might
             think
             (
             as
             some
             of
             them
             have
             done
             )
             that
             the
             Epistle
             of
             Eleutherius
             to
             King
             Lucius
             is
             spurious
             ,
             if
             I
             could
             imagine
             to
             what
             end
             any
             man
             should
             hazard
             his
             wits
             upon
             such
             a
             Fiction
             ,
             or
             if
             the
             incongruities
             charged
             against
             it
             were
             incurable
             ;
             but
             being
             allowed
             to
             be
             first
             written
             in
             Latine
             ,
             and
             then
             translated
             into
             British
             for
             the
             peoples
             satisfaction
             ,
             and
             in
             that
             Language
             (
             the
             Original
             being
             lost
             )
             traduced
             to
             posterity
             ;
             and
             then
             by
             some
             Latine
             Writer
             in
             after-ages
             returned
             into
             Latine
             ,
             and
             so
             derived
             to
             these
             times
             (
             all
             which
             very
             probably
             hath
             been
             ;
             )
             such
             occasions
             of
             exceptions
             well
             arise
             by
             mistake
             of
             Translators
             and
             Transcribers
             in
             ignorant
             times
             ,
             and
             the
             substance
             nevertheless
             remain
             entire
             and
             true
             .
             Considering
             therefore
             that
             the
             matter
             of
             that
             Epistle
             savoureth
             of
             the
             purer
             times
             of
             the
             Church
             ,
             
             and
             so
             contrary
             to
             the
             dregs
             of
             Romulus
             ,
             I
             mean
             ,
             the
             policy
             ,
             practice
             ,
             and
             language
             of
             the
             Roman
             Clergy
             in
             these
             latter
             ages
             ,
             wherein
             this
             forgery
             (
             if
             so
             it
             be
             )
             was
             made
             ;
             I
             must
             allow
             it
             to
             pass
             for
             currant
             for
             the
             substance
             ,
             not
             justifying
             the
             syllabical
             writing
             thereof
             .
          
           
             To
             others
             it
             seemeth
             needless
             and
             vain
             ,
             that
             Lucius
             should
             send
             for
             a
             model
             to
             Eleutherius
             ,
             when
             as
             the
             Roman
             Deputies
             and
             Legions
             at
             home
             might
             have
             satisfied
             the
             Kings
             desire
             in
             that
             particular
             ,
             or
             their
             own
             experience
             might
             have
             taught
             them
             grounds
             sufficient
             ,
             after
             two
             hundred
             years
             converse
             with
             the
             Romans
             ,
             that
             they
             should
             have
             little
             needed
             a
             model
             for
             that
             which
             they
             saw
             continually
             before
             their
             view
             ,
             or
             might
             have
             understood
             by
             inquiry
             of
             their
             own
             acquaintance
             .
             But
             what
             could
             be
             expected
             of
             rough
             Souldiers
             ,
             concerning
             form
             of
             government
             of
             a
             Common-wealth
             ?
             or
             if
             some
             exceeded
             the
             ordinary
             strain
             in
             policy
             ,
             yet
             they
             were
             too
             wise
             to
             communicate
             such
             Pearls
             to
             conquered
             Nations
             ,
             that
             ought
             to
             look
             no
             higher
             than
             the
             will
             of
             the
             Conquerour
             ,
             and
             subsist
             in
             no
             better
             condition
             than
             may
             be
             controlled
             by
             the
             Supream
             Imperial
             Law
             of
             the
             Lord
             Paramount
             ;
             or
             if
             in
             this
             they
             had
             corresponded
             to
             the
             desires
             of
             the
             Britains
             ,
             yet
             being
             for
             the
             most
             part
             ignorant
             of
             the
             main
             ,
             they
             could
             never
             have
             satisfied
             the
             expectations
             of
             a
             Christian
             King
             ,
             who
             desires
             such
             a
             Law
             as
             may
             befriend
             Religion
             ,
             and
             wherein
             no
             man
             was
             more
             like
             to
             give
             direction
             than
             Eleutherius
             ,
             who
             seeing
             a
             kind
             of
             enmity
             between
             the
             
             Roman-Laws
             ,
             and
             Christ's
             Kingdom
             ,
             sends
             to
             the
             King
             a
             fair
             refusal
             of
             his
             request
             ,
             upon
             this
             ground
             ,
             that
             
               Leges
               Romanas
               &
               Caesaris
               semper
               reprobare
               possumus
               .
            
             He
             saw
             that
             they
             were
             not
             well
             grounded
             ,
             he
             therefore
             refers
             the
             King
             to
             the
             sacred
             Scripture
             ,
             that
             is
             truth
             itself
             .
             Laws
             that
             come
             nighest
             to
             it
             are
             most
             constant
             ,
             and
             make
             the
             Government
             more
             easie
             for
             the
             Magistrate
             ,
             quiet
             for
             the
             People
             ,
             and
             delightful
             to
             all
             ;
             because
             
             mens
             mindes
             are
             setled
             in
             expectation
             of
             future
             events
             in
             Government
             ,
             according
             to
             the
             present
             rule
             ;
             and
             changes
             in
             course
             of
             Government
             ,
             are
             looked
             at
             as
             uncoth
             motions
             of
             the
             Celestial
             Bodies
             ,
             portending
             Judgements
             or
             Dissolution
             .
             This
             was
             the
             way
             of
             humane
             wisdom
             ;
             but
             God
             hath
             an
             eye
             on
             all
             this
             beyond
             all
             reach
             of
             pre-conceit
             of
             man
             ,
             which
             was
             to
             make
             England
             happy
             in
             the
             enjoying
             of
             a
             better
             Law
             and
             Government
             than
             Rome
             ,
             how
             glorious
             soever
             then
             it
             was
             ;
             and
             to
             deliver
             that
             Island
             from
             the
             common
             danger
             of
             the
             World
             ;
             for
             had
             we
             once
             come
             under
             the
             Law
             of
             the
             first
             Beast
             ,
             as
             we
             were
             under
             his
             Power
             ,
             we
             had
             been
             in
             danger
             of
             being
             born
             Slaves
             under
             the
             Law
             of
             the
             second
             Beast
             ,
             as
             other
             Nations
             were
             ,
             who
             cannot
             shake
             it
             off
             to
             this
             day
             .
          
           
             But
             Lucius
             lived
             not
             to
             effect
             this
             work
             ;
             it
             was
             much
             delayed
             by
             the
             evil
             of
             the
             times
             ,
             nothing
             was
             more
             changeable
             .
             Then
             the
             Emperours
             grew
             many
             of
             them
             so
             vitious
             ,
             as
             they
             were
             a
             burthen
             to
             Mankind
             ;
             nor
             could
             they
             endure
             any
             Deputy
             or
             Lieutenant
             that
             were
             of
             better
             fame
             than
             themselves
             had
             .
             Some
             of
             them
             minded
             the
             affairs
             of
             the
             East
             ,
             others
             of
             the
             North
             ,
             none
             of
             them
             were
             
               ad
               omnia
            
             .
             And
             the
             Lieutenants
             in
             Britain
             ,
             either
             too
             good
             for
             their
             Emperour
             ,
             and
             so
             were
             soon
             removed
             ;
             or
             too
             bad
             for
             the
             people
             of
             the
             Land
             ,
             and
             never
             suffered
             to
             rest
             free
             from
             Tumults
             and
             Insurrections
             :
             So
             that
             neither
             Lucius
             could
             prevail
             ,
             nor
             any
             of
             his
             Successors
             ;
             but
             passing
             through
             continual
             cross
             flouds
             of
             Persecutions
             under
             
               Maximinus
               ,
               Dioclesian
            
             ,
             and
             Maximinianus
             ,
             and
             many
             Civil
             Broiles
             ,
             till
             the
             times
             of
             Constantine
             ,
             at
             length
             the
             Haven
             was
             attained
             .
          
           
             For
             Constantine
             having
             overcome
             Maxentius
             ,
             and
             gotten
             thereby
             into
             the
             highest
             Orb
             of
             Government
             in
             the
             Empire
             ;
             reflected
             such
             an
             amiable
             aspect
             upon
             the
             Churches
             ,
             especially
             in
             Britain
             ,
             as
             if
             he
             had
             intended
             to
             pay
             to
             them
             all
             that
             God
             had
             lent
             him
             .
             A
             wise
             Prince
             he
             was
             questionless
             ;
             yet
             towards
             the
             Church
             shewed
             more
             affection
             ;
             endeavouring
             to
             reduce
             the
             Government
             in
             every
             place
             unto
             the
             Roman
             Prototype
             ,
             and
             therein
             added
             much
             honour
             to
             that
             See
             ,
             especially
             to
             Pope
             Sylvester
             ,
             whose
             Scholar
             he
             had
             been
             .
             This
             may
             seem
             a
             sufficient
             inducement
             to
             perswade
             ,
             that
             he
             was
             the
             first
             Patron
             of
             English
             Prelacy
             ,
             seeing
             we
             find
             it
             in
             no
             approved
             testimony
             before
             that
             time
             ,
             nor
             was
             it
             long
             after
             ,
             when
             as
             the
             presence
             of
             the
             British
             Bishops
             are
             found
             at
             the
             Synod
             by
             him
             called
             at
             Arles
             ,
             
             viz.
             the
             Bishops
             (
             not
             Arch-bishops
             )
             of
             London
             and
             York
             ,
             and
             the
             Bishop
             of
             Maldune
             ,
             and
             those
             in
             no
             great
             pomp
             ,
             if
             the
             relation
             be
             true
             ,
             that
             by
             reason
             of
             their
             poverty
             they
             were
             not
             able
             to
             undergo
             the
             charge
             of
             their
             Journey
             and
             Attendance
             ;
             so
             as
             it
             seems
             they
             had
             but
             new
             set
             up
             ,
             and
             had
             not
             yet
             found
             out
             the
             right
             way
             of
             trade
             that
             the
             Bishops
             had
             attained
             .
             And
             thus
             God
             ordered
             first
             the
             setling
             of
             a
             Government
             of
             the
             Church
             in
             Britain
             ,
             and
             its
             Liberties
             ,
             before
             the
             Secular
             part
             enjoyed
             any
             ;
             therein
             working
             with
             this
             Nation
             ,
             as
             with
             a
             man
             ,
             making
             him
             to
             be
             
               bonus
               homo
            
             before
             he
             can
             be
             
               bonus
               civis
            
             .
          
           
             The
             Church
             of
             Britain
             thus
             set
             together
             ,
             is
             wound
             up
             for
             motion
             ;
             they
             soon
             learned
             the
             use
             of
             Synods
             from
             that
             Synod
             at
             Arles
             ,
             if
             they
             had
             it
             not
             before
             :
             and
             took
             as
             much
             power
             to
             themselves
             in
             their
             Synods
             as
             in
             other
             Countries
             were
             used
             ,
             and
             somewhat
             more
             to
             boot
             .
             For
             they
             had
             the
             hap
             to
             continue
             in
             Britain
             in
             free
             course
             ,
             a
             full
             century
             of
             years
             ,
             before
             the
             Civil
             Magistrate
             had
             any
             other
             power
             ,
             but
             what
             was
             wrapped
             up
             under
             the
             allowance
             of
             their
             Romon
             Masters
             ;
             who
             like
             ,
             Gallio
             ,
             looked
             upon
             the
             Church-affairs
             as
             out
             of
             their
             Sphear
             ,
             and
             therefore
             cared
             for
             none
             of
             those
             things
             ;
             or
             if
             the
             zeal
             of
             any
             See
             far
             prevailed
             ,
             it
             was
             much
             
             in
             favour
             of
             the
             Bishops
             ,
             upon
             whom
             the
             Emperours
             began
             to
             dote
             as
             Oracles
             ;
             and
             this
             raised
             the
             price
             of
             the
             Clergy
             ,
             and
             taught
             them
             the
             way
             to
             fish
             for
             themselves
             .
             No
             wonder
             it
             is
             therefore
             if
             Synods
             in
             Britain
             ,
             or
             rather
             the
             Clergy
             in
             the
             Synods
             ,
             (
             which
             probably
             were
             then
             the
             representative
             Body
             of
             the
             Nation
             )
             swayed
             all
             that
             was
             free
             from
             the
             
             Roman-Magistracy
             ,
             and
             in
             some
             things
             out-reached
             their
             Limits
             ,
             especially
             during
             the
             interim
             wherein
             the
             Romans
             held
             the
             Arms
             of
             civil
             Magistracy
             bound
             ,
             and
             let
             the
             Clergy
             have
             their
             scope
             ,
             that
             soon
             began
             to
             be
             ambient
             ,
             and
             conceit
             a
             new
             Idaea
             of
             deportment
             ,
             like
             that
             of
             the
             second
             Beast
             in
             its
             Infancy
             .
             Nor
             did
             the
             Britons
             espy
             their
             danger
             herein
             ,
             for
             they
             had
             been
             used
             to
             idolize
             their
             Druides
             ,
             and
             it
             was
             no
             more
             but
             facing
             about
             to
             do
             as
             much
             for
             their
             Bishops
             .
          
           
             Of
             this
             power
             of
             Synods
             I
             shall
             propound
             but
             three
             Presidents
             ,
             and
             so
             draw
             to
             a
             Conclusion
             of
             what
             I
             think
             meet
             to
             note
             concerning
             the
             British
             affairs
             .
             I
             supose
             it
             will
             not
             be
             doubted
             but
             that
             publick
             Consultations
             concerning
             the
             publick
             Government
             of
             any
             Place
             or
             Nation
             ,
             ought
             not
             to
             be
             called
             but
             by
             the
             Supream
             Power
             ;
             and
             that
             such
             Consultations
             are
             to
             be
             directed
             by
             that
             Supream
             Power
             .
             The
             Britons
             had
             a
             King
             ,
             and
             yet
             without
             his
             consent
             they
             call
             a
             Synod
             against
             the
             Pelagian
             Heresie
             ,
             
             and
             chuse
             a
             Moderator
             from
             beyond
             the
             Sea
             ,
             and
             by
             that
             Synod
             not
             onely
             overwhelmed
             the
             Heresie
             ,
             but
             excommunicated
             their
             King.
             This
             was
             a
             National
             Synod
             ,
             and
             might
             well
             stand
             with
             the
             rule
             of
             State
             ,
             which
             then
             had
             seated
             the
             Supream
             Power
             in
             the
             People
             ,
             as
             I
             formerly
             noted
             out
             of
             Dion
             .
             But
             it
             could
             be
             no
             warrant
             for
             that
             which
             followed
             ,
             viz.
             that
             a
             Country
             Synod
             should
             excommunicate
             a
             King
             ,
             as
             it
             befel
             in
             the
             the
             cases
             of
             Moris
             and
             Morcant
             :
             or
             that
             such
             a
             Synod
             should
             intermeddle
             in
             matters
             of
             Meum
             and
             tuum
             ,
             
             as
             in
             the
             case
             of
             Loumack
             ,
             who
             having
             invaded
             the
             patrimony
             of
             the
             Church
             ,
             the
             Bishop
             of
             Landaff
             ,
             in
             a
             Synod
             of
             his
             Clergy
             ,
             enjoyned
             him
             Penance
             .
             And
             the
             like
             befel
             unto
             Brockvaile
             ,
             who
             was
             compelled
             by
             the
             Synod
             to
             make
             amends
             to
             Civiliack
             Bishop
             of
             Landaff
             ,
             for
             injury
             to
             him
             done
             :
             Which
             I
             note
             not
             by
             way
             of
             imputation
             ;
             for
             this
             exorbitancy
             (
             if
             so
             it
             were
             )
             might
             correspond
             with
             these
             Times
             ,
             wherein
             very
             probable
             it
             is
             ,
             that
             Justice
             could
             not
             be
             had
             elsewhere
             .
             And
             had
             the
             Clergy
             been
             as
             careful
             of
             Holiness
             ,
             as
             in
             the
             former
             cases
             they
             seem
             jealous
             for
             Justice
             ,
             Britain
             must
             have
             had
             the
             repute
             of
             a
             
               Nation
               of
               Priests
            
             and
             Holy
             men
             ,
             rather
             than
             of
             Tyrants
             :
             whereas
             it
             was
             become
             a
             glut
             of
             wickedness
             ,
             and
             a
             burden
             that
             God
             would
             endure
             no
             longer
             :
             
             Which
             rendereth
             their
             Synod
             liable
             to
             Exception
             ,
             as
             being
             such
             as
             were
             either
             lifted
             up
             ,
             or
             drawn
             aside
             ;
             and
             as
             the
             List
             to
             the
             Cloath
             ,
             sheweth
             that
             the
             Nation
             stood
             in
             need
             of
             that
             instruction
             ,
             which
             with
             a
             strong
             hand
             God
             wrought
             into
             them
             by
             the
             sad
             Calamity
             which
             ensueth
             .
          
        
         
           
             CHAP
             IV.
             Of
             the
             entry
             of
             the
             Saxons
             ,
             and
             their
             manner
             of
             Government
             .
          
           
             WAsted
             with
             time
             ,
             and
             wounded
             by
             eternal
             doom
             ,
             the
             glory
             of
             the
             Western
             Empire
             going
             down
             apace
             ,
             now
             draweth
             nigh
             unto
             its
             everlasting
             night
             ;
             and
             that
             vast
             body
             (
             not
             able
             longer
             to
             subsist
             ,
             but
             dying
             by
             degrees
             )
             abandons
             this
             Isle
             of
             Britain
             its
             utmost
             limit
             ,
             and
             last
             inlivened
             ,
             
             to
             subsist
             alone
             miserably
             ,
             or
             else
             to
             die
             .
             The
             choice
             was
             more
             difficult
             by
             how
             much
             the
             more
             England
             was
             much
             wasted
             in
             the
             Roman
             Wars
             ,
             the
             flower
             of
             their
             strength
             spent
             in
             Forraign
             service
             ,
             the
             remainder
             but
             few
             ,
             and
             these
             exceeding
             vicious
             ;
             and
             which
             was
             worst
             of
             all
             ,
             ingaged
             by
             the
             Romans
             in
             a
             War
             with
             the
             Picts
             ,
             against
             whom
             the
             Romans
             themselves
             found
             it
             too
             burdensome
             for
             some
             of
             them
             to
             hold
             out
             ,
             without
             the
             help
             of
             a
             Wall
             :
             and
             albeit
             that
             the
             very
             name
             of
             an
             old
             Servant
             of
             four
             hundred
             years
             continuance
             ,
             might
             have
             moved
             a
             Roman
             heart
             to
             commiserate
             ,
             yet
             their
             spirits
             fail
             ,
             and
             forsaken
             England
             must
             now
             go
             into
             the
             wilderness
             ,
             and
             naked
             as
             they
             are
             ,
             endure
             the
             brunt
             of
             the
             cold
             storms
             of
             the
             Northern
             Picts
             ,
             without
             any
             shelter
             but
             the
             hidden
             will
             of
             God
             then
             frowning
             upon
             them
             .
             In
             this
             condition
             ,
             they
             half
             desperate
             ,
             seek
             for
             a
             cure
             in
             reason
             worse
             than
             the
             disease
             .
             For
             it
             had
             been
             better
             for
             them
             to
             have
             stooped
             to
             hard
             conditions
             with
             the
             Picts
             ,
             considering
             they
             were
             all
             but
             one
             people
             ,
             and
             differing
             only
             by
             the
             breadth
             of
             a
             wall
             ,
             than
             to
             call
             in
             a
             new
             people
             whose
             qualities
             they
             were
             ignorant
             of
             ;
             and
             at
             the
             best
             to
             make
             them
             their
             companions
             ,
             who
             might
             prove
             (
             as
             they
             afterwards
             did
             )
             both
             Lords
             and
             Masters
             over
             them
             .
             But
             there
             is
             no
             reason
             against
             God's
             will.
             The
             Britons
             needed
             present
             help
             ,
             
             they
             overlaid
             by
             invasions
             from
             the
             Picts
             (
             who
             soon
             espied
             the
             Romans
             gone
             ,
             and
             their
             own
             advantage
             )
             sent
             for
             aid
             where
             they
             were
             most
             like
             to
             speed
             for
             the
             present
             ,
             and
             left
             the
             future
             to
             look
             to
             it self
             .
             Ireland
             was
             nigh
             ,
             but
             we
             find
             nothing
             concerning
             their
             interest
             in
             shipping
             ;
             the
             French
             Coasts
             were
             not
             their
             own
             men
             ,
             being
             yet
             within
             the
             
               Roman
               Line
            
             :
             and
             none
             were
             at
             liberty
             ,
             but
             such
             as
             were
             never
             subdued
             by
             the
             Romans
             ;
             
             only
             the
             Saxons
             are
             in
             the
             thoughts
             of
             the
             Britons
             ,
             a
             mighty
             people
             not
             far
             off
             ,
             able
             to
             mate
             the
             Romans
             in
             their
             chiefest
             pride
             ;
             and
             though
             in
             a
             manner
             Borderers
             upon
             the
             Roman
             world
             ,
             yet
             unsubdued
             by
             them
             ,
             used
             to
             the
             Wars
             ,
             mighty
             at
             Sea
             ,
             and
             now
             given
             over
             by
             the
             Romans
             in
             a
             plain
             field
             ,
             were
             at
             leisure
             ,
             and
             so
             well
             knew
             the
             way
             to
             Britain
             ,
             that
             the
             Romans
             intituled
             the
             Coasts
             of
             Norfolk
             and
             Suffolk
             the
             Saxons
             Coasts
             ,
             from
             the
             many
             visits
             that
             the
             Saxons
             had
             already
             made
             into
             those
             parts
             ,
             
             full
             sore
             against
             the
             Romans
             wills
             .
          
           
             I
             hold
             it
             both
             needless
             and
             fruitless
             to
             enter
             into
             the
             Lists
             ,
             concerning
             the
             original
             of
             the
             Saxons
             ;
             whether
             they
             were
             Natives
             from
             the
             Northern
             parts
             of
             Germany
             ,
             or
             the
             Reliques
             of
             the
             Macedonian
             Army
             under
             Alexander
             .
             But
             it
             seems
             their
             Government
             about
             the
             time
             of
             Tiberius
             was
             in
             the
             general
             so
             suitable
             to
             the
             Grecians
             ,
             
             as
             if
             not
             by
             the
             Reliques
             of
             Alexanders
             Army
             (
             which
             is
             generally
             agreed
             ,
             emptied
             it self
             into
             the
             North
             )
             yet
             by
             the
             Neighbourhood
             of
             Greece
             unto
             these
             Nations
             ,
             it
             cannot
             be
             imagined
             ,
             but
             much
             of
             the
             Grecian
             wisdom
             was
             derived
             into
             those
             parts
             ,
             long
             before
             the
             Romans
             glory
             was
             mounted
             up
             to
             the
             full
             pitch
             ;
             and
             because
             this
             wisdom
             could
             never
             be
             thus
             imported
             ,
             but
             in
             vessels
             of
             mans
             flesh
             ,
             rigged
             according
             to
             the
             Grecian
             guize
             ,
             it
             may
             be
             well
             supposed
             ,
             that
             there
             is
             some
             consanguinity
             between
             the
             Saxons
             and
             the
             Grecians
             ,
             although
             the
             degrees
             be
             not
             known
             .
             The
             people
             were
             a
             free
             people
             ,
             governed
             by
             Laws
             ,
             and
             those
             made
             not
             after
             the
             manner
             of
             the
             Gauls
             (
             as
             Caesar
             noteth
             )
             by
             the
             great
             men
             ,
             
             but
             by
             the
             people
             ;
             and
             therefore
             called
             a
             free-people
             ,
             because
             they
             are
             a
             Law
             to
             themselves
             ,
             and
             this
             was
             a
             priviledge
             belonging
             to
             all
             the
             Germans
             ,
             as
             Tacitus
             observeth
             ,
             in
             cases
             of
             most
             publick
             consequence
             ,
             
               de
               majoribus
               omnes
            
             ;
             
             like
             unto
             the
             manner
             both
             of
             the
             Athenians
             and
             Lacedemonians
             in
             their
             Concio
             .
             For
             which
             cause
             also
             I
             take
             the
             Gauls
             to
             be
             strangers
             in
             Blood
             unto
             the
             Britons
             ,
             however
             nigh
             they
             were
             in
             habitation
             .
             That
             some
             matters
             of
             action
             (
             especially
             concerning
             the
             publick
             
             safety
             )
             were
             by
             that
             general
             vote
             concluded
             and
             ordered
             ,
             seems
             probably
             by
             their
             manner
             of
             meeting
             with
             their
             weapons
             .
             But
             such
             matters
             as
             were
             of
             less
             concernment
             ,
             
             the
             Councel
             of
             Lords
             determined
             
               de
               minoribus
               Principes
            
             ,
             saith
             the
             same
             Author
             .
             Their
             Country
             they
             divided
             into
             Counties
             or
             Circuits
             all
             under
             the
             government
             of
             twelve
             Lords
             ,
             like
             the
             Athenian
             territory
             under
             the
             Archontes
             .
             
             These
             (
             with
             the
             other
             Princes
             )
             had
             the
             judicial
             power
             of
             distributive
             justice
             commited
             to
             them
             ,
             together
             with
             one
             hundred
             of
             the
             Commons
             out
             of
             each
             division
             .
             
             The
             Election
             of
             these
             Princes
             with
             their
             Commission
             ,
             was
             concluded
             
               inter
               majora
            
             by
             the
             general
             Assembly
             ,
             and
             they
             executed
             their
             Commission
             in
             Circuits
             ,
             
             like
             unto
             the
             Athenian
             Heliastick
             or
             Subdial
             Court
             ,
             which
             was
             rural
             ,
             and
             for
             the
             most
             part
             kept
             in
             the
             open
             aire
             .
             In
             brief
             ,
             their
             judicial
             proceedings
             were
             very
             suitable
             to
             the
             Athenian
             ,
             but
             their
             military
             more
             like
             the
             Lacedomonian
             ,
             whom
             above
             all
             others
             in
             their
             manners
             they
             most
             resembled
             .
             In
             their
             Religion
             they
             were
             very
             devout
             ,
             saving
             that
             they
             much
             rested
             in
             the
             reverence
             they
             bare
             to
             their
             Priests
             ,
             whom
             they
             made
             the
             moderator
             of
             their
             general
             Assembly
             ,
             their
             Judge
             ,
             Advocate
             ,
             and
             Executioner
             in
             Martial
             Law
             ;
             therein
             submitting
             to
             them
             as
             unto
             Gods
             instrument
             .
             They
             worship
             an
             invisible
             and
             an
             infinite
             Diety
             ;
             mans
             flesh
             is
             their
             Sacrifice
             of
             highest
             account
             :
             and
             as
             often
             as
             they
             make
             inquiry
             by
             lots
             ,
             they
             do
             it
             with
             that
             solemn
             reverence
             as
             may
             put
             all
             the
             Christian
             world
             to
             the
             blush
             ,
             
               precatus
               Deos
               ,
               caelumque
               suspiciens
            
             ;
             and
             this
             done
             by
             the
             Priest
             of
             the
             Town
             ,
             if
             it
             be
             in
             publick
             causes
             ,
             or
             otherwise
             if
             private
             ,
             then
             by
             the
             master
             of
             the
             Family
             ;
             so
             as
             they
             had
             Family-worship
             as
             well
             as
             publick
             .
             These
             things
             I
             note
             ,
             that
             it
             may
             appear
             how
             nigh
             these
             invited
             guests
             resemble
             the
             old
             Religion
             of
             the
             Britons
             ,
             and
             how
             probable
             it
             is
             ,
             that
             this
             Island
             hath
             from
             time
             to
             time
             been
             no
             other
             than
             as
             a
             Sewer
             to
             empty
             the
             superfluity
             of
             the
             German
             Nations
             ;
             
             and
             how
             the
             influence
             of
             these
             old
             principles
             doth
             work
             in
             the
             fundamental
             government
             of
             this
             Kingdom
             ,
             to
             this
             present
             day
             .
             These
             are
             the
             instruments
             chosen
             by
             God
             ,
             and
             called
             by
             the
             Britons
             to
             be
             their
             deliverers
             from
             their
             Enemies
             ,
             which
             they
             did
             indeed
             ;
             yet
             not
             swayed
             thereto
             by
             love
             of
             Justice
             or
             compassion
             (
             for
             if
             writers
             say
             true
             ,
             
             they
             were
             no
             better
             than
             high-way-men
             both
             by
             Sea
             and
             Land
             )
             but
             by
             their
             love
             of
             spoil
             and
             prey
             ,
             and
             by
             the
             displeasure
             of
             God
             against
             a
             dissolute
             people
             .
             They
             profess
             friendship
             nevertheless
             in
             their
             first
             entrance
             ;
             but
             espying
             the
             weakness
             of
             the
             Britons
             ,
             and
             feeling
             the
             strength
             of
             the
             Picts
             ,
             and
             finding
             the
             Land
             large
             and
             good
             ,
             they
             soon
             pickt
             quarrels
             with
             their
             Hoast
             ,
             made
             peace
             with
             the
             Picts
             ,
             and
             of
             fained
             Friends
             ,
             becoming
             unfained
             Foes
             to
             the
             Britons
             ,
             scattered
             a
             poor
             remnant
             of
             Christians
             ,
             some
             to
             the
             furthest
             corners
             of
             the
             Kingdom
             ,
             others
             into
             forrain
             Nations
             ,
             like
             so
             many
             Seeds
             men
             ,
             to
             sow
             the
             precious
             Seed
             of
             Life
             in
             a
             savage
             soil
             .
             And
             those
             few
             that
             remained
             behind
             ,
             profiting
             under
             much
             misery
             ,
             by
             their
             doctrine
             and
             good
             example
             yielded
             better
             blessings
             unto
             their
             new-come
             guests
             than
             they
             either
             expected
             or
             desired
             .
             And
             thus
             the
             miseries
             of
             poor
             Britain
             became
             riches
             of
             mercy
             to
             the
             North
             and
             Eastern
             people
             ;
             and
             the
             ruines
             here
             ,
             the
             foundations
             of
             many
             famous
             Churches
             else-where
             .
             Nor
             yet
             was
             mercy
             from
             the
             Britons
             utterly
             taken
             away
             ,
             nor
             their
             blood
             drawn
             out
             to
             the
             last
             drop
             ,
             or
             their
             name
             quite
             blotted
             out
             of
             the
             book
             of
             fame
             :
             for
             whereas
             two
             things
             make
             men
             miserable
             ,
             viz.
             the
             heaviness
             of
             the
             burden
             without
             ,
             and
             the
             failing
             of
             the
             heart
             within
             ,
             and
             Gods
             ordinary
             way
             of
             redress
             of
             the
             former
             beginneth
             in
             taking
             away
             the
             latter
             ;
             thus
             dealt
             he
             with
             the
             Britons
             .
             For
             in
             danger
             ,
             as
             want
             of
             strength
             breeds
             fear
             ,
             and
             that
             (
             by
             extremity
             )
             despair
             ,
             so
             despair
             oftentimes
             revives
             into
             a
             kind
             of
             rage
             that
             puts
             strength
             forth
             beyond
             reason
             ;
             I
             say
             beyond
             reason
             ,
             for
             cause
             cannot
             
             not
             be
             given
             thereof
             ,
             other
             than
             Gods
             extraordinary
             dispensation
             in
             a
             judiciary
             way
             ,
             when
             he
             seeth
             the
             stronger
             to
             wax
             insolent
             over
             the
             weaker
             .
             Thus
             the
             Britons
             fled
             from
             the
             Picts
             so
             long
             as
             they
             had
             any
             hope
             of
             relief
             from
             the
             Saxons
             ;
             but
             being
             become
             their
             Enemies
             ,
             and
             pursuing
             them
             to
             the
             low-water
             mark
             ,
             that
             in
             all
             reason
             they
             must
             either
             drink
             or
             bleed
             their
             last
             ;
             then
             their
             courage
             revived
             ,
             and
             by
             divers
             Victories
             ,
             by
             the
             space
             of
             200
             years
             ,
             God
             stopped
             the
             hasty
             Conquest
             of
             the
             Saxons
             .
             The
             result
             whereof
             ,
             by
             truces
             ,
             leagues
             ,
             commerce
             ▪
             conversation
             ,
             and
             marriages
             between
             these
             two
             Nations
             ,
             declared
             plainly
             that
             it
             was
             too
             late
             for
             the
             Saxons
             to
             get
             all
             ;
             their
             bounds
             being
             predetermined
             by
             God
             ,
             and
             thus
             declared
             to
             the
             world
             .
             In
             all
             which
             ,
             God
             (
             taming
             the
             Britons
             pride
             by
             the
             Saxons
             power
             ,
             and
             discovering
             the
             Saxons
             darkness
             by
             the
             Britons
             light
             )
             made
             himself
             Lord
             over
             both
             people
             in
             the
             conclusion
             .
          
        
         
           
             CHAP.
             V.
             Of
             Austin's
             coming
             to
             the
             Saxons
             in
             England
             .
             His
             Entertainment
             ,
             and
             Work.
             
          
           
             DUring
             these
             troublesome
             times
             ,
             came
             a
             third
             party
             that
             wrought
             more
             trouble
             to
             this
             Isle
             than
             either
             Pict
             or
             Saxon
             ,
             for
             it
             troubled
             all
             .
             This
             was
             the
             Canonical
             power
             of
             the
             Roman
             Bishop
             ,
             now
             called
             the
             Universal
             Bishop
             .
             For
             the
             Roman
             Emperour
             having
             removed
             the
             Imperial
             residence
             to
             Constantinople
             ,
             weakned
             the
             Western
             part
             of
             the
             Empire
             ;
             and
             exposed
             it
             not
             only
             to
             the
             forrain
             invasions
             of
             the
             
               Goths
               ,
               Vandals
               ,
               Herules
               ,
               Lombards
               ,
            
             and
             other
             flotes
             of
             people
             ,
             that
             about
             these
             times
             ,
             by
             secret
             instinct
             were
             weary
             of
             their
             own
             dwellings
             ;
             but
             also
             to
             the
             rising
             power
             of
             the
             Bishop
             of
             Rome
             ,
             
             and
             purposely
             for
             his
             advancement
             .
             Who
             by
             patience
             out-rode
             the
             storms
             of
             forrain
             force
             ,
             and
             took
             advantage
             of
             those
             publick
             calamitous
             times
             to
             insinuate
             deeper
             into
             the
             Consciences
             of
             distressed
             people
             ,
             that
             knew
             no
             other
             consolation
             in
             a
             plundred
             estate
             ,
             but
             from
             God
             and
             the
             Bishop
             ,
             who
             was
             the
             chief
             in
             account
             amongst
             them
             .
             The
             power
             of
             the
             Bishop
             of
             Rome
             thus
             growing
             in
             the
             West
             ,
             made
             him
             to
             out-reach
             not
             only
             his
             own
             Diocess
             and
             Province
             ,
             but
             to
             mind
             a
             kind
             of
             Ecclesiastical
             Empire
             ,
             and
             a
             title
             according
             thereunto
             ;
             which
             at
             length
             he
             attained
             from
             an
             Emperor
             fitted
             for
             his
             turn
             ;
             and
             that
             was
             enough
             to
             make
             him
             pass
             for
             currant
             in
             the
             Empire
             .
             But
             Britain
             was
             forsaken
             by
             the
             Roman
             Empire
             above
             153
             years
             before
             :
             So
             as
             ,
             though
             the
             Emperor
             could
             prefer
             his
             Chaplains
             Power
             or
             Honour
             as
             far
             as
             his
             own
             ,
             which
             was
             to
             the
             French
             shore
             ;
             yet
             Britain
             was
             in
             another
             world
             under
             the
             Saxons
             power
             and
             not
             worth
             looking
             after
             till
             the
             plundering
             was
             over
             ,
             and
             the
             Saxon
             affairs
             setled
             ;
             so
             as
             some
             fat
             may
             be
             had
             .
             Then
             an
             instrument
             is
             sought
             after
             for
             the
             work
             ,
             and
             none
             is
             found
             so
             far
             fit
             to
             wind
             the
             Saxon
             up
             to
             the
             Roman
             bent
             as
             a
             Monk
             ,
             that
             was
             a
             holy
             humble
             man
             in
             the
             opinion
             of
             all
             ,
             but
             of
             those
             that
             were
             so
             in
             the
             truth
             ,
             and
             knew
             him
             .
             This
             is
             Austin
             ,
             sent
             by
             Pope
             Gregory
             to
             do
             a
             work
             that
             would
             not
             be
             publickly
             owned
             .
             It
             was
             pretended
             to
             bring
             Religion
             to
             the
             Saxons
             in
             England
             ;
             therefore
             they
             give
             him
             the
             title
             of
             the
             Saxon
             Apostle
             ;
             but
             to
             be
             plain
             ,
             it
             was
             to
             bring
             in
             a
             Church-policy
             ,
             with
             a
             kind
             of
             worship
             that
             rendred
             the
             Latria
             to
             God
             ,
             and
             the
             Dulia
             to
             Rome
             .
             The
             Saxons
             were
             not
             wholly
             distitute
             of
             Religion
             ,
             and
             that
             ,
             
             Gregory
             himself
             in
             his
             Letter
             to
             Brunchilda
             ,
             the
             French
             Queen
             ,
             confesseth
             ,
             Indicamus
             ,
             saith
             he
             ,
             
               ad
               nos
               pervenisse
               Ecclesiam
               Anglicanam
               velle
               fieri
               Christianam
            
             ;
             
             so
             as
             there
             was
             a
             good
             disposition
             to
             Religion
             before
             ever
             Austin
             came
             ,
             and
             such
             an
             one
             as
             rang
             loud
             to
             Rome
             .
             But
             far
             more
             evident
             is
             it
             from
             the
             Saxons
             keeping
             of
             Easter
             
               more
               Asiatico
            
             ,
             which
             custom
             also
             continued
             after
             Austins
             coming
             fifty
             years
             ,
             
             sore
             against
             Austins
             will.
             The
             dispute
             between
             Coleman
             and
             Wilfride
             bears
             witness
             to
             that
             ;
             and
             it
             had
             been
             a
             miraculous
             ignorance
             or
             hardness
             ,
             had
             the
             Saxons
             ,
             a
             people
             ordained
             for
             mercy
             (
             as
             the
             sequel
             shewed
             )
             conversed
             with
             the
             Christian
             Britons
             and
             Picts
             above
             150
             years
             ,
             
             without
             any
             touch
             of
             their
             Religion
             .
             If
             we
             then
             take
             Austin
             in
             his
             best
             colour
             ,
             
             he
             might
             be
             said
             to
             bring
             Religion
             to
             the
             South-Saxons
             ,
             after
             the
             Roman
             garb
             ;
             
             and
             his
             hottest
             disputes
             about
             
               Easter
               ,
               Tonsure
            
             ,
             the
             Roman
             supremacy
             ;
             
             and
             his
             own
             
               Legatine
               power
            
             ,
             and
             his
             worthy
             Queries
             to
             the
             Pope
             ,
             shew
             he
             regarded
             more
             the
             fashion
             than
             the
             thing
             ;
             and
             the
             fashion
             of
             his
             person
             ,
             more
             than
             the
             work
             he
             pretended
             ;
             for
             he
             loved
             state
             ,
             and
             to
             be
             somewhat
             like
             to
             the
             Legate
             of
             an
             Universal
             Bishop
             ;
             
             and
             therefore
             of
             a
             Monk
             he
             suddenly
             becomes
             a
             Bishop
             in
             Germany
             ,
             before
             ever
             he
             had
             a
             Diocess
             ,
             
             or
             saw
             England
             ;
             and
             after
             he
             perceived
             that
             his
             work
             was
             like
             to
             thrive
             ,
             he
             returned
             ,
             and
             was
             made
             Archbishop
             of
             the
             Saxons
             ,
             before
             any
             other
             Bishops
             were
             amongst
             them
             ;
             
             and
             after
             three
             years
             had
             the
             Pall
             ,
             with
             title
             of
             Supremacy
             over
             the
             British
             Bishops
             that
             never
             submitted
             to
             him
             .
          
           
             His
             advantages
             were
             ,
             first
             his
             entrance
             upon
             Kent
             ,
             the
             furthest
             corner
             of
             all
             the
             Island
             from
             the
             Britains
             and
             Picts
             ,
             and
             so
             less
             prejudiced
             by
             their
             Church-policy
             ;
             and
             at
             that
             very
             time
             interessed
             in
             the
             Roman
             air
             above
             all
             the
             other
             Saxons
             :
             for
             their
             King
             had
             Married
             a
             Daughter
             of
             France
             ,
             one
             that
             was
             a
             pupil
             to
             Rome
             ,
             
             and
             a
             devout
             woman
             ;
             she
             first
             brought
             Austin
             into
             acceptance
             with
             the
             King
             ,
             who
             also
             at
             that
             present
             held
             the
             chief
             power
             of
             all
             the
             Saxon
             Kings
             in
             this
             Isle
             ,
             
             which
             was
             now
             of
             great
             efficacy
             in
             this
             work
             ;
             for
             where
             Religion
             and
             power
             flow
             from
             one
             spring
             to
             one
             stream
             ,
             it
             is
             hard
             to
             chuse
             the
             one
             ,
             and
             refuse
             the
             other
             .
             And
             thus
             Rome
             may
             thank
             France
             for
             the
             first
             earnest
             they
             had
             of
             all
             the
             riches
             of
             England
             ,
             and
             we
             for
             the
             first
             entrance
             of
             all
             our
             ensuing
             bondage
             and
             misery
             .
             Austin
             had
             also
             a
             gift
             or
             trick
             of
             working
             miracles
             ,
             
             whether
             more
             suitable
             to
             the
             working
             of
             Satan
             ,
             or
             of
             God
             ,
             I
             cannot
             define
             .
             It
             seems
             they
             walked
             onely
             in
             the
             dark
             ;
             for
             either
             the
             Britons
             saw
             through
             them
             ,
             or
             saw
             them
             not
             ;
             nor
             could
             Austin
             with
             his
             miracles
             or
             finess
             settle
             one
             footstep
             of
             his
             Church-poliy
             amongst
             them
             ;
             happily
             they
             remembring
             the
             Roman
             Dagon
             ,
             liked
             the
             worse
             of
             the
             Roman
             woman
             ;
             and
             the
             rather
             because
             the
             Carriage
             of
             their
             Messenger
             was
             as
             full
             of
             the
             Archbishop
             ,
             as
             it
             was
             empty
             of
             the
             Christian.
             I
             would
             not
             touch
             upon
             particular
             passages
             of
             action
             ,
             but
             that
             it
             is
             so
             remarkable
             ,
             that
             Austin
             himself
             ,
             but
             a
             Novice
             in
             comparison
             of
             the
             British
             Bishops
             (
             the
             clearest
             lights
             that
             the
             Northern
             parts
             of
             the
             world
             then
             had
             ,
             and
             unto
             whom
             the
             right
             hand
             of
             fellowship
             was
             due
             by
             the
             Roman
             Canon
             )
             should
             nevertheless
             shew
             no
             more
             respect
             to
             them
             at
             their
             first
             solemn
             entrance
             into
             his
             presence
             than
             to
             Vassals
             .
             I
             would
             not
             but
             note
             the
             same
             as
             a
             strong
             argument
             that
             this
             whole
             work
             
               ab
               initio
            
             ,
             was
             but
             a
             vapour
             of
             Prelacy
             .
             This
             the
             British
             Bishops
             soon
             espied
             ,
             and
             shaped
             him
             an
             answer
             suitable
             to
             his
             message
             ,
             the
             substance
             whereof
             was
             afterward
             sent
             him
             in
             writing
             by
             the
             Abbot
             of
             Bangor
             ,
             and
             of
             late
             published
             by
             Sir
             
               Henry
               Spelman
            
             ,
             as
             followeth
             :
          
           
           
             BE
             it
             known
             (
             and
             without
             doubt
             )
             unto
             you
             ,
             that
             we
             all
             ,
             and
             every
             one
             of
             us
             ,
             are
             obedient
             and
             subject
             to
             the
             Church
             of
             God
             ,
             and
             to
             the
             Pope
             of
             Rome
             ,
             and
             to
             every
             godly
             Christian
             ,
             to
             love
             every
             one
             in
             his
             degree
             ,
             in
             perfect
             Charity
             ,
             and
             to
             help
             every
             one
             of
             them
             ,
             by
             word
             and
             deed
             to
             be
             Children
             of
             God
             :
             And
             other
             obedience
             than
             this
             I
             do
             not
             know
             to
             be
             due
             to
             him
             whom
             you
             name
             to
             be
             Pope
             ;
             nor
             by
             the
             Father
             of
             Fathers
             to
             be
             claimed
             or
             demanded
             .
             And
             this
             obedience
             we
             are
             ready
             to
             give
             and
             pay
             to
             him
             ,
             and
             to
             every
             Christian
             continually
             .
             Besides
             ,
             we
             are
             under
             the
             government
             of
             the
             Bishop
             of
             Caerleon
             upon
             Uske
             ,
             who
             is
             to
             oversee
             under
             God
             over
             us
             ,
             and
             cause
             us
             to
             keep
             the
             way
             spiritual
             .
          
           
             This
             was
             the
             Britons
             resolution
             ,
             and
             they
             were
             as
             good
             as
             their
             word
             ;
             for
             they
             maintained
             the
             liberty
             of
             their
             Church
             five
             hundred
             years
             after
             this
             time
             ;
             and
             were
             the
             last
             of
             all
             the
             Churches
             of
             Europe
             that
             gave
             their
             power
             to
             the
             Roman
             beast
             ;
             and
             Henry
             the
             Eighth
             ,
             that
             came
             of
             that
             blood
             by
             Teuther
             ,
             the
             first
             that
             took
             away
             that
             power
             again
             .
             Austin
             having
             met
             with
             this
             affront
             ,
             and
             perceiving
             that
             the
             Britons
             were
             stronger
             in
             their
             Faith
             than
             he
             by
             his
             Miracles
             ,
             cast
             about
             to
             try
             the
             Saxons
             courtesie
             ;
             that
             what
             the
             Ephod
             could
             not
             ,
             the
             Sword
             wrapt
             up
             therein
             should
             .
             I
             say
             not
             that
             he
             procured
             ,
             but
             he
             threatned
             or
             prophesied
             the
             destruction
             of
             the
             Monks
             of
             Bangor
             ;
             
             and
             it
             came
             to
             pass
             ,
             and
             the
             accasion
             by
             writers
             loudly
             suspected
             .
             Nevertheless
             the
             Saxons
             were
             not
             so
             zealous
             of
             their
             new
             Religion
             ,
             as
             to
             make
             a
             new
             National
             quarrel
             between
             the
             Britons
             and
             themselves
             ,
             but
             left
             the
             game
             to
             be
             played
             out
             by
             Austin
             ;
             
             who
             finding
             by
             experience
             that
             it
             would
             not
             prove
             the
             work
             of
             one
             man
             ,
             left
             it
             to
             successors
             to
             work
             out
             by
             degrees
             in
             efflux
             of
             time
             .
             And
             thus
             Austin
             ,
             neither
             good
             Servant
             to
             the
             Servant
             of
             Servants
             ,
             nor
             good
             Monk
             ,
             retires
             to
             settle
             his
             Saxon
             province
             ,
             and
             to
             present
             ,
             or
             rather
             to
             prostitute
             it
             to
             the
             lusts
             of
             that
             red
             Whore
             ;
             which
             was
             the
             general
             piety
             of
             those
             ignorant
             times
             .
          
        
         
           
             CHAP.
             VI.
             Of
             the
             Imbodying
             of
             Prelacy
             into
             the
             Government
             of
             this
             Kingdom
             .
          
           
             I
             Cannot
             think
             that
             the
             platform
             of
             the
             mystery
             of
             iniquity
             (
             when
             boiled
             to
             the
             height
             )
             was
             ever
             fore-seen
             ,
             or
             in
             the
             aim
             of
             the
             wicked
             spirits
             on
             Earth
             ,
             or
             those
             in
             Hell.
             Yet
             were
             they
             all
             instruments
             of
             this
             monstrous
             birth
             ,
             filled
             with
             subtilty
             and
             mischief
             ,
             guided
             principally
             by
             occasion
             ,
             and
             over-ruled
             by
             the
             Justice
             and
             Wisdom
             of
             God
             ,
             to
             make
             a
             yoke
             for
             Monarchs
             ,
             and
             a
             scourge
             to
             the
             world
             for
             their
             refusal
             of
             the
             government
             of
             Christ
             ,
             until
             this
             Monster
             came
             to
             perfection
             ;
             and
             wherein
             themselves
             were
             
               feloes
               de
               se
            
             ,
             and
             wrought
             their
             own
             mischief
             .
             For
             Austin
             coming
             in
             as
             a
             third
             Proprietor
             with
             King
             and
             People
             ,
             and
             having
             gathered
             the
             materials
             of
             a
             Church
             ,
             reason
             told
             them
             that
             a
             form
             of
             government
             must
             be
             setled
             in
             that
             Church
             .
             The
             Saxons
             had
             no
             principles
             of
             their
             own
             (
             for
             they
             had
             no
             learning
             )
             and
             to
             go
             to
             the
             Britons
             for
             a
             pattern
             might
             be
             
             ignoble
             ;
             and
             where
             the
             choice
             is
             small
             ,
             
             it
             is
             soon
             made
             .
             Rome
             held
             now
             the
             most
             part
             of
             the
             Churches
             of
             Europe
             at
             School
             ;
             the
             Saxons
             soon
             resolve
             ,
             Rome
             that
             had
             been
             their
             Mother
             ,
             shall
             be
             also
             their
             Father
             :
             And
             thus
             at
             one
             draught
             they
             drank
             up
             a
             Potion
             of
             the
             whole
             Hierarchy
             of
             Rome
             from
             ,
             the
             Pope
             to
             the
             Apparator
             ,
             with
             a
             
               quicquid
               imponitur
               &
               imponetur
            
             ,
             which
             was
             of
             such
             lasting
             efficacy
             ,
             that
             it
             ceaseth
             not
             to
             work
             even
             to
             this
             day
             ,
             although
             it
             was
             slow
             in
             the
             first
             operation
             .
             For
             the
             Saxons
             had
             a
             Common-wealth
             founded
             in
             the
             liberty
             of
             the
             people
             ;
             and
             it
             was
             a
             masterpiece
             for
             Austin
             and
             the
             Clergy
             ,
             so
             to
             work
             ,
             as
             to
             remain
             members
             of
             this
             Common-wealth
             ,
             and
             yet
             retain
             their
             hearts
             for
             Rome
             ,
             which
             was
             now
             grown
             almost
             to
             the
             pitch
             of
             that
             Antichrist
             .
             For
             reason
             must
             needs
             tell
             them
             ,
             that
             the
             Saxon
             principles
             would
             not
             suffer
             them
             to
             be
             
               ad
               omnia
            
             for
             Rome
             ,
             nor
             the
             Roman
             Canon
             allow
             them
             to
             be
             wholly
             Saxon
             ;
             and
             they
             faw
             plainly
             that
             the
             times
             were
             too
             tender
             to
             endure
             them
             to
             be
             declarative
             on
             either
             part
             ;
             and
             therefore
             they
             chose
             a
             third
             way
             ,
             which
             was
             to
             preserve
             the
             municipal
             Laws
             in
             moderation
             towards
             the
             Canon
             ,
             and
             to
             that
             end
             to
             endeavour
             such
             a
             temper
             upon
             the
             State
             as
             must
             admit
             them
             to
             be
             in
             repute
             ,
             such
             as
             without
             whom
             the
             Common-wealth
             could
             not
             well
             subsist
             ,
             no
             more
             than
             a
             body
             without
             a
             soul
             ;
             and
             that
             few
             occasions
             should
             befal
             ,
             but
             (
             at
             least
             in
             
               ordine
               remoto
            
             )
             must
             reflect
             upon
             both
             ,
             and
             then
             all
             reason
             will
             bespeak
             them
             to
             joyn
             in
             the
             legislative
             power
             and
             government
             of
             this
             Kingdom
             ;
             but
             especially
             as
             Bishops
             ,
             who
             are
             now
             
               Magnae
               spes
               altera
               Romae
            
             ,
             and
             the
             very
             top-flowers
             of
             wisdom
             and
             learning
             .
             And
             unto
             this
             temper
             the
             Saxons
             were
             sufficiently
             prepared
             and
             inclinable
             ;
             for
             it
             was
             no
             new
             thing
             for
             them
             to
             admit
             their
             Heathenish
             Priests
             into
             their
             general
             meetings
             ,
             and
             allow
             them
             much
             power
             therein
             ;
             and
             then
             it
             is
             but
             the
             person
             changed
             ,
             and
             they
             must
             do
             as
             much
             for
             their
             Bishops
             ,
             now
             they
             are
             become
             Christian
             ;
             especially
             themselves
             being
             all
             for
             the
             field
             ,
             and
             overgrown
             with
             a
             general
             ignorance
             ,
             the
             common
             disease
             of
             those
             times
             .
             Kings
             were
             in
             no
             better
             condition
             :
             it
             was
             hard
             for
             them
             to
             be
             Baptized
             ,
             and
             not
             to
             be
             Baptized
             into
             Rome
             ,
             and
             commonly
             under
             such
             a
             Covenant
             as
             though
             many
             might
             repent
             of
             ,
             yet
             none
             durst
             amend
             :
             For
             whenas
             the
             Pope
             is
             Lord
             of
             the
             Consciences
             of
             the
             people
             ,
             the
             Kings
             power
             may
             sometimes
             out-face
             ,
             but
             can
             never
             govern
             :
             the
             Saxon
             Kings
             were
             therefore
             fain
             to
             make
             a
             vertue
             of
             necessity
             ,
             and
             advance
             Bishops
             to
             be
             common
             favorites
             both
             of
             Rome
             and
             themselves
             ,
             to
             maintain
             good
             correspondency
             between
             both
             Swords
             ;
             and
             to
             countenance
             the
             power
             of
             the
             temporal
             Magistrate
             in
             cases
             of
             dispute
             ,
             else
             he
             oftentimes
             might
             command
             ,
             and
             yet
             go
             without
             .
             Thus
             entred
             the
             Prelates
             upon
             affairs
             of
             Kings
             and
             Kingdoms
             ,
             and
             became
             lovers
             of
             Lordships
             ,
             and
             troublers
             of
             States
             ;
             and
             if
             in
             any
             thing
             they
             served
             their
             Country
             ,
             they
             served
             Rome
             much
             more
             ;
             their
             merchandise
             was
             made
             of
             the
             policies
             and
             Counsels
             of
             all
             Kingdoms
             and
             States
             ,
             and
             such
             returns
             proceeded
             as
             were
             still
             subservient
             to
             the
             Roman
             interest
             ;
             and
             they
             intoxicated
             the
             domestick
             counsels
             in
             such
             manner
             ,
             as
             they
             generally
             staggered
             ,
             and
             many
             times
             came
             short
             of
             home
             .
             Nevertheless
             ,
             at
             the
             first
             this
             was
             but
             rare
             ,
             clancular
             ,
             and
             covered
             with
             much
             modesty
             ;
             for
             (
             excepting
             such
             choice
             spirits
             as
             Austin
             had
             )
             Roman
             Prelacy
             in
             these
             younger
             times
             was
             but
             Velvet-headed
             ,
             and
             endured
             not
             much
             greatness
             or
             big
             titles
             ,
             but
             spake
             like
             a
             Lamb
             ;
             
               Ego
               non
               verbis
               quaero
               prosperari
               ,
               sed
               moribus
               ,
            
             said
             this
             Gregory
             to
             the
             Alexandrian
             Bishop
             ,
             who
             had
             put
             upon
             him
             the
             title
             of
             Universal
             Bishop
             or
             Pope
             :
             and
             whereas
             he
             had
             in
             a
             way
             of
             Courtship
             called
             Gregories
             Counsels
             commands
             ,
             
             he
             startles
             ,
             at
             it
             ;
             
               quod
               verbum
               jussionis
            
             ,
             saith
             he
             ,
             
               peto
               a
               meo
               auditu
               removeri
               ,
               quia
               scio
               
               quis
               sum
               &
               qui
               estis
               .
            
             Thus
             Prelacy
             first
             conveyed
             it self
             into
             opinion
             ,
             afterwards
             into
             conscience
             ;
             and
             ambition
             coming
             in
             the
             rear
             ,
             made
             it
             become
             both
             Bishop
             and
             Lord.
             
          
        
         
           
             CHAP.
             VII
             .
             Of
             Metropolitans
             in
             the
             Saxons
             time
             .
          
           
             BEing
             in
             pursuit
             of
             the
             Government
             of
             this
             Kingdom
             in
             elder
             times
             ,
             and
             therein
             first
             of
             the
             persons
             with
             their
             relation
             ,
             then
             of
             their
             work
             ,
             and
             lastly
             of
             their
             Courts
             and
             Laws
             ,
             and
             now
             in
             hand
             with
             the
             Ecclesiastical
             persons
             ,
             I
             shall
             descend
             to
             their
             particular
             ranks
             or
             degrees
             ,
             and
             shall
             shew
             what
             they
             were
             in
             their
             original
             ,
             and
             what
             overplus
             they
             had
             by
             Laws
             .
             And
             first
             concerning
             the
             Metropolitan
             .
             In
             his
             original
             ,
             his
             Office
             was
             to
             visit
             the
             Bishops
             ,
             admonish
             and
             exhort
             them
             ▪
             and
             in
             full
             Synod
             to
             correct
             such
             disorders
             as
             the
             Bishop
             could
             not
             reform
             ,
             and
             in
             all
             things
             to
             proceed
             according
             to
             the
             prescript
             Canon
             .
          
           
             Thus
             witnesseth
             Boniface
             ,
             
             an
             Archbishop
             to
             an
             Archbishop
             of
             an
             Archbishop
             ;
             not
             according
             to
             the
             practice
             of
             the
             times
             wherein
             it
             was
             written
             ,
             but
             according
             to
             the
             ancient
             rule
             .
             
             For
             long
             before
             Boniface
             his
             time
             Archbishops
             were
             swoln
             beyond
             the
             girt
             of
             the
             Canon
             ;
             and
             before
             that
             England
             wa●
             honoured
             with
             that
             rank
             of
             men
             ,
             Metropolitans
             were
             become
             Metrono●●ians
             ,
             and
             above
             all
             rule
             ,
             but
             that
             of
             their
             own
             will
             ,
             and
             through
             common
             custom
             had
             no
             regard
             to
             any
             other
             ;
             so
             as
             if
             England
             will
             have
             them
             ,
             it
             must
             be
             content
             to
             have
             them
             with
             their
             faults
             .
             But
             the
             truth
             is
             ,
             the
             dignity
             ,
             or
             title
             (
             which
             you
             will
             )
             was
             a
             plant
             of
             that
             virulent
             nature
             that
             would
             scarce
             keep
             under-ground
             in
             the
             time
             of
             the
             hottest
             persecution
             :
             For
             Steven
             ,
             
             Bishop
             of
             Rome
             ,
             liked
             the
             title
             of
             Universal
             Bishop
             .
             And
             after
             a
             little
             peace
             ,
             it
             's
             a
             wonder
             how
             it
             grew
             to
             that
             height
             that
             it
             had
             ;
             and
             no
             less
             wonderful
             that
             the
             Saxons
             gave
             entertainment
             to
             such
             Potentates
             .
             Much
             of
             whose
             spirits
             they
             might
             have
             observed
             in
             the
             entrance
             of
             their
             first
             Archbishop
             Austin
             ,
             if
             God
             had
             not
             given
             them
             over
             to
             thraldom
             under
             the
             mystery
             of
             iniquity
             (
             of
             
               sinful
               man
               aspiring
               into
               the
               place
               of
               God
               ,
            
             taught
             by
             that
             Courtly
             messenger
             of
             Rome
             )
             because
             they
             would
             not
             stoop
             to
             that
             mystery
             of
             godliness
             ,
             God
             manifested
             in
             the
             flesh
             ,
             as
             it
             was
             taught
             in
             simplicity
             by
             the
             rural
             Picts
             and
             Britons
             .
             But
             this
             was
             not
             all
             ,
             for
             because
             Archbishops
             were
             gotten
             above
             Canon
             ,
             which
             was
             thought
             scandalous
             ;
             therefore
             they
             gave
             as
             large
             a
             power
             by
             Canon
             as
             the
             former
             usurpation
             amounted
             unto
             ,
             and
             so
             stretched
             the
             Canon
             to
             the
             mind
             of
             the
             man
             ,
             whenas
             they
             should
             have
             rather
             reduced
             the
             man
             to
             the
             Canon
             .
             The
             words
             of
             the
             Canon
             in
             our
             English
             tongue
             ,
             run
             thus
             :
             
               It
               belongs
               to
               the
               Metropolian
               Bishop
               to
               rule
               Gods
               Churches
               ;
               to
               govern
               ,
               chuse
               ,
               appoint
               ,
               confirm
               ,
               and
               remove
               Abbots
               ,
               Abbotesses
               ,
               Presbyters
               ,
               and
               Deacons
               ;
               and
               herewith
               the
               King
               hath
               nothing
               to
               do
               .
            
             And
             thus
             ,
             though
             the
             apparent
             power
             of
             Archbishops
             was
             great
             and
             unlimited
             ,
             
             yet
             what
             more
             was
             wrapped
             up
             in
             that
             word
             Churches
             ,
             only
             time
             must
             declare
             ;
             for
             it
             is
             very
             likely
             that
             in
             those
             daies
             it
             was
             not
             understood
             :
             yet
             the
             practice
             doth
             not
             obscurely
             declare
             the
             matter
             ,
             for
             before
             this
             Law
             was
             established
             by
             Withered
             in
             a
             Council
             (
             wherein
             Bertnaldus
             Archbishop
             of
             Canterbury
             was
             president
             ,
             
             and
             who
             was
             first
             Primate
             of
             
               England
               )
               Theodore
            
             Archbishop
             of
             Canterbury
             used
             such
             power
             over
             other
             Bishops
             in
             ordaining
             or
             removing
             them
             ,
             as
             a
             Writer
             saith
             ,
             that
             his
             rule
             was
             no
             other
             than
             perturbatio
             and
             
               impetus
               animi
            
             .
             But
             the
             Metropolitan
             
             in
             England
             as
             the
             times
             then
             were
             ,
             
             had
             yet
             a
             further
             advantage
             ,
             even
             over
             Kings
             themselves
             ;
             
             for
             there
             were
             divers
             Kingdoms
             in
             this
             Island
             ,
             and
             Kings
             had
             no
             further
             power
             than
             their
             limits
             afforded
             them
             :
             But
             there
             was
             but
             one
             Metropolitan
             for
             a
             long
             time
             in
             all
             the
             Saxon
             Territories
             ,
             so
             as
             his
             power
             was
             in
             spirituals
             over
             many
             Kingdoms
             ,
             and
             so
             he
             became
             indeed
             
               Alterius
               orbis
               Papa
            
             .
             And
             it
             was
             a
             remarkable
             testimony
             of
             Gods
             special
             providence
             ,
             that
             the
             spirits
             of
             these
             petty
             Popes
             should
             be
             so
             bound
             up
             under
             the
             notion
             of
             the
             infallibility
             of
             the
             Roman
             Chair
             ,
             that
             they
             had
             not
             torn
             the
             European
             Church
             into
             as
             many
             Popedoms
             as
             Provinces
             .
             But
             no
             doubt
             God
             ordered
             it
             for
             a
             Scourge
             to
             the
             World
             ,
             that
             Antichrist
             should
             be
             but
             one
             ,
             that
             he
             might
             be
             the
             more
             absolute
             Tyrant
             ;
             and
             that
             Kings
             should
             bow
             down
             their
             necks
             under
             the
             double
             or
             rather
             multiple
             yoke
             of
             Pope
             and
             Archbishops
             ,
             for
             their
             Rebellion
             against
             the
             King
             of
             Kings
             .
          
        
         
           
             CHAP.
             VIII
             .
             Of
             the
             Saxon
             Bishops
             .
          
           
             HAd
             not
             Bishops
             been
             somewhat
             sutable
             ,
             the
             Roman
             Clergy
             had
             not
             been
             like
             it self
             ;
             and
             it
             had
             been
             contrary
             to
             
             Austin's
             principles
             to
             have
             advanced
             to
             Bishopricks
             men
             better
             qualified
             than
             himself
             .
             They
             first
             ruled
             the
             Saxon
             Church
             joyntly
             in
             the
             nature
             of
             a
             Presbytery
             ,
             till
             about
             Sixty
             years
             after
             
             Austin's
             time
             ,
             their
             pride
             would
             not
             endure
             together
             any
             longer
             ,
             and
             it
             may
             be
             grew
             somewhat
             untractable
             under
             the
             Metropolitan
             ,
             that
             resolved
             to
             be
             prouder
             than
             all
             ;
             and
             thereupon
             Theodore
             Archbishop
             of
             Canterbury
             first
             divided
             his
             Province
             into
             Five
             Diocesses
             ,
             and
             by
             appointment
             of
             the
             Kings
             and
             People
             placed
             Bishops
             over
             each
             ,
             
             every
             one
             of
             them
             being
             of
             the
             right
             Roman
             stamp
             ,
             
             as
             himself
             was
             of
             the
             right
             Roman
             shaving
             .
             And
             it
             had
             been
             a
             wonder
             if
             Episcopacy
             (
             now
             for
             the
             space
             of
             Three
             hundred
             years
             degenerated
             ,
             and
             that
             into
             such
             a
             monstrous
             shape
             as
             a
             Pope
             )
             should
             by
             transplanting
             become
             regenerate
             into
             their
             original
             condition
             of
             meekness
             and
             humility
             .
             But
             it
             is
             a
             much
             greater
             wonder
             that
             they
             should
             become
             so
             purely
             ambitious
             as
             not
             to
             endure
             a
             thought
             of
             the
             ways
             of
             sobriety
             ,
             but
             would
             be
             proud
             by
             Law
             ;
             to
             let
             all
             the
             world
             know
             that
             they
             held
             it
             no
             infirmity
             ,
             but
             an
             honour
             .
             For
             albeit
             that
             in
             the
             first
             time
             the
             Bishops
             work
             was
             to
             instruct
             &
             teach
             ,
             to
             see
             the
             service
             of
             God
             to
             be
             diligently
             &
             purely
             administred
             in
             publick
             Congregations
             ,
             
             to
             Exhort
             ,
             Reprove
             ,
             &
             by
             teaching
             to
             amend
             such
             matters
             as
             he
             should
             find
             in
             life
             and
             Doctrine
             contrary
             to
             Religion
             ;
             and
             accordingly
             they
             carried
             themselves
             meekly
             and
             humbly
             ,
             
             studying
             peace
             &
             truth
             ,
             and
             medled
             not
             with
             Secular
             Affairs
             :
             they
             are
             now
             grown
             up
             into
             State
             ,
             
             and
             must
             now
             ride
             on
             horse-back
             ,
             that
             were
             wont
             to
             go
             on
             foot
             Preaching
             the
             Word
             ;
             and
             must
             be
             respected
             above
             the
             rank
             of
             ordinary
             Presbytery
             ;
             none
             must
             doubt
             of
             their
             truth
             ,
             nor
             question
             their
             words
             ,
             but
             they
             must
             be
             holden
             Sacred
             ,
             as
             the
             word
             of
             a
             King
             ,
             
               sine
               juramento
               sit
               irrefragabile
            
             .
             
             Their
             presence
             must
             be
             a
             Sanctuary
             against
             all
             violence
             ;
             
             all
             Clerks
             and
             Religious
             houses
             must
             stoop
             under
             their
             power
             ;
             their
             sentence
             must
             be
             definitive
             :
             
             and
             thus
             advanced
             ,
             they
             must
             keep
             state
             ,
             viz.
             not
             go
             too
             far
             to
             meet
             Princes
             in
             their
             approach
             towards
             them
             ,
             nor
             to
             light
             off
             their
             Horses
             backs
             to
             do
             Princes
             Reverence
             at
             their
             meeting
             ;
             because
             they
             are
             equal
             to
             Princes
             and
             Emperours
             :
             and
             if
             any
             Bishop
             shall
             behave
             himself
             otherwise
             ,
             
             and
             
               after
               the
               old
               rustical
               fashion
            
             (
             for
             such
             are
             the
             
             words
             of
             the
             Canon
             )
             for
             disgrace
             done
             to
             their
             Dignity
             they
             must
             be
             suspended
             :
             So
             as
             by
             their
             own
             confession
             ,
             Bishops
             henceforth
             are
             Bishops
             of
             a
             
               new
               fashion
            
             ,
             that
             must
             incur
             a
             note
             of
             infamy
             for
             shewing
             any
             gesture
             of
             humility
             to
             Princes
             ;
             which
             if
             any
             man
             will
             see
             more
             fully
             ,
             let
             him
             peruse
             the
             Canon
             if
             he
             please
             .
             But
             this
             is
             not
             sublime
             enough
             ;
             they
             must
             be
             not
             only
             equal
             ,
             but
             in
             many
             respects
             superiour
             to
             Princes
             :
             for
             in
             matters
             that
             concern
             God
             ,
             
               Omnibus
               dignitatibus
               praesunt
            
             ;
             and
             more
             plainly
             ,
             Princes
             must
             obey
             them
             
               Ex
               corde
               cum
               magna
               humilitate
            
             ;
             
             and
             this
             was
             allowed
             of
             by
             Offa
             the
             great
             in
             a
             legatine
             Synod
             .
             And
             thus
             highly
             advanced
             ,
             Bishops
             are
             now
             consecrated
             to
             any
             work
             ,
             and
             make
             every
             thing
             Sacred
             .
             Oaths
             taken
             before
             them
             are
             of
             highest
             moment
             ;
             
             and
             therefore
             the
             trial
             of
             Crimes
             before
             them
             ,
             and
             the
             acknowledgment
             of
             Deeds
             of
             conveyance
             in
             their
             presence
             ,
             are
             without
             control
             .
             
             Their
             custody
             is
             a
             sufficient
             Seal
             to
             all
             weights
             and
             measures
             ,
             
             which
             they
             committed
             to
             some
             Clerk
             whom
             they
             trusted
             :
             
             and
             at
             this
             day
             (
             though
             a
             Lay-person
             )
             beareth
             title
             of
             Clerk
             
             of
             the
             Market
             .
             And
             although
             anciently
             they
             might
             not
             
               interesse
               secularibus
            
             ;
             yet
             afterwards
             it
             became
             a
             part
             of
             their
             Office
             to
             assist
             Judges
             in
             secular
             causes
             ,
             
             to
             see
             that
             justice
             be
             not
             wronged
             ;
             and
             they
             had
             the
             sole
             cognizance
             of
             all
             causes
             criminal
             belonging
             to
             the
             Clergy
             ,
             their
             Tenants
             or
             Servants
             ;
             and
             in
             their
             Synods
             their
             power
             reached
             to
             such
             Crimes
             of
             Lay-men
             as
             came
             within
             the
             savour
             of
             the
             Canon
             ,
             though
             it
             were
             but
             in
             the
             cold
             scent
             ,
             as
             the
             Laws
             of
             Athelstane
             and
             other
             his
             successors
             sufficiently
             set
             forth
             .
             And
             thus
             dressed
             up
             ,
             let
             them
             stand
             aside
             ,
             that
             room
             may
             be
             made
             for
             their
             Train
             .
          
        
         
           
             CHAP
             IX
             .
             Of
             the
             Saxon
             Presbyters
             .
          
           
             THese
             follow
             their
             Lords
             the
             Bishops
             as
             fast
             as
             they
             can
             hunt
             ;
             for
             being
             of
             the
             same
             Order
             (
             as
             the
             less
             proud
             times
             acknowledged
             )
             they
             would
             not
             be
             under
             foot
             ,
             
             and
             the
             others
             above
             the
             top
             .
             True
             it
             is
             ,
             that
             the
             Bishops
             loaded
             them
             with
             Canons
             ,
             and
             kept
             them
             under
             by
             hard
             work
             ,
             under
             the
             trick
             of
             Canonical
             obedience
             ;
             yet
             it
             was
             no
             part
             of
             their
             meaning
             to
             suffer
             them
             to
             become
             vile
             in
             the
             eyes
             of
             the
             Laity
             ,
             
             for
             they
             knew
             well
             enough
             that
             the
             Presbyters
             must
             be
             their
             bridles
             to
             lead
             and
             curb
             the
             people
             ,
             
             and
             their
             eyes
             to
             see
             whether
             the
             winds
             from
             below
             blew
             fair
             or
             foul
             for
             them
             ;
             whose
             consciences
             already
             told
             them
             that
             they
             merited
             not
             much
             favour
             from
             the
             people
             .
             
             They
             see
             it
             therefore
             necessary
             to
             inhaunce
             the
             price
             of
             a
             Presbyter
             somewhat
             within
             the
             alloye
             of
             a
             Bishop
             ,
             
             to
             the
             end
             that
             the
             Presbytery
             may
             not
             be
             too
             like
             the
             Babylonian
             Image
             ,
             
             whose
             head
             was
             Gold
             ,
             and
             feet
             of
             Iron
             and
             Clay
             .
             A
             Presbyter
             therefore
             they
             will
             have
             to
             be
             of
             equal
             Repute
             with
             a
             Baron
             ;
             and
             his
             person
             shall
             be
             in
             Repute
             so
             Sacred
             ,
             as
             that
             all
             wrong
             done
             thereunto
             must
             be
             doubly
             punished
             ,
             with
             satisfaction
             to
             the
             party
             ,
             and
             to
             the
             Church
             .
             His
             Credit
             or
             Fame
             must
             not
             be
             touched
             by
             
             Lay-testimony
             :
             Nor
             is
             he
             to
             be
             judged
             by
             any
             Secular
             power
             ;
             but
             to
             be
             honoured
             as
             an
             Angel.
             Such
             are
             these
             instruments
             of
             the
             Bishops
             Government
             ;
             and
             these
             are
             put
             as
             a
             glass
             between
             the
             Bishops
             and
             people
             ,
             and
             could
             represent
             the
             people
             to
             the
             Bishop
             black
             or
             white
             ,
             and
             the
             Bishop
             to
             them
             in
             like
             manner
             ,
             as
             they
             pleased
             ;
             and
             so
             under
             fear
             of
             the
             Bishops
             curse
             ,
             kept
             the
             people
             in
             awe
             to
             themselves
             and
             it
             .
          
        
         
           
           
             CHAP.
             X.
             Of
             other
             inferiour
             Church-Officers
             amongst
             the
             Saxons
             .
          
           
             THey
             had
             other
             inferiour
             degrees
             of
             the
             Clergy
             ,
             which
             because
             they
             are
             meerly
             subservient
             ,
             and
             not
             considerable
             in
             Church-government
             ,
             I
             shall
             only
             touch
             upon
             them
             .
             
             The
             first
             are
             called
             Deacons
             ,
             which
             were
             attending
             upon
             the
             Presbyters
             to
             bring
             the
             offerings
             to
             the
             Altar
             ,
             to
             read
             the
             Gospel
             ,
             to
             Baptize
             ,
             and
             Administer
             the
             Lords
             Supper
             .
             Then
             follow
             the
             Sub-deacons
             ,
             who
             used
             to
             attend
             the
             Deacons
             with
             consecrated
             Vessels
             ,
             
             and
             other
             necessaries
             for
             the
             Administring
             of
             the
             Sacrements
             .
             Next
             these
             Acolites
             ,
             which
             waited
             with
             the
             Trapers
             ready
             lighted
             while
             the
             Gospel
             was
             read
             ,
             
             and
             the
             Sacrament
             consecrated
             .
             
             Then
             Exorcists
             ,
             that
             served
             to
             disposses
             such
             as
             are
             possessed
             by
             the
             Devil
             ;
             and
             office
             (
             as
             it
             may
             seem
             )
             of
             little
             use
             ,
             
             yet
             very
             ancient
             ;
             for
             they
             are
             found
             at
             the
             Synod
             at
             Arles
             ,
             which
             was
             within
             Three
             Hundred
             years
             after
             Christ's
             death
             .
             Lecturers
             came
             next
             ,
             
             who
             served
             to
             read
             and
             expound
             ;
             and
             these
             were
             of
             use
             when
             Churches
             began
             to
             multiply
             ,
             and
             Presbyters
             grew
             idle
             .
             Lastly
             ,
             Ostiaries
             ;
             which
             used
             to
             ring
             the
             bells
             ,
             
             and
             open
             and
             shut
             the
             Church-doors
             .
          
           
             These
             are
             the
             several
             ranks
             of
             Church-officers
             ,
             being
             Seven
             in
             number
             ,
             (
             for
             Bishops
             and
             Presbyters
             make
             but
             one
             )
             and
             might
             be
             (
             as
             thus
             ordered
             )
             the
             Seven
             heads
             of
             the
             Beast
             whereon
             the
             woman
             sitteth
             ;
             
             and
             with
             much
             ado
             make
             up
             a
             kind
             of
             Church-service
             ,
             somewhat
             like
             a
             great
             Hoe
             in
             a
             ship-yard
             at
             the
             stirring
             of
             a
             little
             log
             ,
             
             and
             are
             nevertheless
             well
             paid
             for
             their
             labour
             .
          
        
         
           
             CHAP.
             XI
             .
             Of
             Church-mens
             maintenance
             amongst
             the
             Saxons
             .
          
           
             I
             Take
             no
             notice
             in
             this
             account
             of
             the
             Abbots
             and
             Priors
             ,
             and
             other
             such
             Religious
             men
             ,
             as
             they
             were
             then
             called
             ;
             nor
             can
             I
             pass
             them
             amongst
             the
             number
             of
             Church-governours
             or
             Officers
             ,
             being
             no
             other
             than
             as
             a
             sixth
             finger
             ,
             or
             an
             excrescence
             that
             the
             body
             might
             well
             spare
             ,
             and
             yet
             they
             sucked
             up
             much
             of
             the
             blood
             and
             spirits
             thereof
             .
             But
             as
             touching
             the
             maintenance
             of
             those
             formerly
             mentioned
             ,
             who
             had
             a
             constant
             influence
             in
             the
             Government
             of
             the
             affairs
             of
             the
             publick
             worship
             of
             God
             ,
             and
             regard
             of
             salvation
             of
             the
             Souls
             of
             the
             people
             ;
             I
             say
             their
             maintenance
             was
             diversly
             raised
             ,
             and
             as
             diversly
             imployed
             .
             First
             ,
             through
             the
             bounty
             of
             Kings
             and
             great
             men
             ,
             Lands
             and
             Mannors
             were
             bestowed
             upon
             the
             Metropolitan
             and
             Bishops
             ,
             in
             free
             Alms
             ;
             and
             from
             these
             arose
             the
             maintenance
             that
             ascended
             up
             in
             abundance
             to
             the
             higher
             Region
             of
             the
             Clergy
             ,
             but
             came
             again
             in
             thin
             dews
             scarce
             enough
             to
             keep
             the
             Husbandmans
             hope
             from
             despair
             ;
             otherwise
             had
             not
             the
             Prelates
             so
             soon
             mounted
             up
             into
             the
             chair
             of
             Pomp
             and
             State
             ,
             as
             they
             did
             .
             I
             say
             ,
             these
             are
             given
             in
             free
             Alms
             ,
             or
             more
             plainly
             ,
             as
             Alms
             free
             from
             all
             service
             ;
             and
             this
             was
             doubtless
             soon
             thought
             upon
             ,
             for
             it
             was
             formerly
             in
             president
             with
             their
             Heathenish-Priests
             and
             Druids
             ,
             as
             Caesar
             noteth
             ,
             that
             they
             had
             
               omnium
               rerum
               immunitatem
            
             :
             yet
             with
             the
             exception
             of
             works
             of
             publick
             charity
             and
             safety
             ,
             such
             
             as
             are
             maintaining
             of
             High-ways
             ,
             repairing
             of
             Bridges
             ,
             and
             fortifying
             of
             Castles
             ,
             &c.
             and
             hereof
             the
             presidents
             are
             numerous
             .
             The
             work
             whereto
             this
             wages
             was
             appointed
             ,
             was
             the
             worship
             of
             God
             ,
             and
             increase
             of
             Religion
             ;
             and
             thus
             not
             only
             many
             of
             the
             Kings
             Subjects
             were
             exempted
             from
             publick
             service
             ,
             but
             much
             of
             the
             Revenue
             of
             the
             Kingdom
             formerly
             imployed
             for
             the
             publick
             safety
             ,
             became
             acquitted
             from
             the
             service
             of
             the
             Field
             ,
             to
             the
             service
             of
             the
             Bead
             ;
             the
             strength
             of
             the
             Kingdom
             much
             impaired
             ,
             and
             the
             Subjects
             much
             grieved
             ;
             who
             in
             those
             early
             times
             saw
             the
             inconveniences
             ,
             and
             complained
             thereof
             to
             their
             Kings
             ,
             but
             could
             not
             prevail
             .
             This
             was
             the
             vintage
             of
             Kings
             and
             great
             men
             ,
             
             but
             the
             gleanings
             of
             the
             people
             were
             much
             more
             plentiful
             ;
             for
             besides
             the
             Courts
             (
             which
             swelled
             as
             the
             irregularities
             of
             those
             times
             increased
             ,
             and
             thereby
             enriched
             the
             Cofers
             of
             that
             covetous
             Generation
             ,
             the
             greatest
             part
             whereof
             ought
             by
             the
             Canon
             to
             go
             to
             the
             publick
             )
             the
             best
             part
             of
             the
             setled
             maintenance
             ,
             
             especially
             of
             the
             inferiour
             degrees
             ,
             
             arose
             from
             the
             good
             affections
             of
             the
             people
             ,
             
             who
             were
             either
             forward
             to
             offer
             ,
             or
             easily
             perswaded
             to
             forgo
             constant
             supply
             for
             the
             Church-men
             out
             of
             their
             Estates
             ,
             as
             well
             real
             as
             personal
             ,
             especially
             in
             the
             particulars
             ensuing
             .
             The
             most
             ancient
             of
             all
             the
             rest
             was
             the
             first-fruits
             ,
             which
             was
             by
             way
             of
             eminency
             called
             Cyrick-sceate
             ,
             or
             in
             more
             plain
             English
             ,
             
             
               Church
               free
            
             ;
             which
             was
             always
             payable
             upon
             St.
             Martins
             day
             unto
             the
             Bishop
             out
             of
             that
             house
             where
             the
             party
             did
             inhabit
             upon
             the
             day
             or
             Feast
             of
             the
             Nativity
             .
             
             It
             was
             first
             granted
             by
             Parliament
             in
             the
             time
             of
             King
             Ina
             ;
             and
             in
             case
             of
             neglect
             of
             payment
             ,
             
             or
             denial
             ,
             it
             was
             penal
             eleven-fold
             to
             the
             Bishop
             ,
             
             besides
             a
             fine
             to
             the
             King
             ,
             as
             was
             afterwards
             ordered
             by
             Canutus
             .
          
           
             After
             the
             first-fruits
             cometh
             to
             consideration
             the
             Revenue
             of
             Tythes
             ,
             the
             which
             I
             find
             no
             publick
             Act
             of
             State
             to
             warrant
             ,
             
             till
             the
             Legatine
             Council
             under
             Offa
             :
             Although
             the
             Canon
             was
             more
             ancient
             .
             
             The
             Bishop
             at
             the
             first
             was
             the
             general
             Receiver
             as
             well
             of
             these
             as
             of
             the
             former
             ,
             
             and
             by
             him
             they
             were
             divided
             into
             Three
             parts
             ,
             
             and
             imployed
             one
             to
             the
             poor
             ;
             another
             for
             the
             maintenance
             of
             the
             Church
             ;
             and
             a
             Third
             part
             for
             the
             maintenance
             of
             the
             Presbyter
             .
             But
             in
             future
             times
             many
             Acts
             of
             State
             succeeded
             concerning
             this
             ,
             amongst
             which
             that
             grant
             of
             Athelwolfe
             must
             be
             a
             little
             paused
             upon
             .
             
             Some
             Writers
             say
             that
             he
             gave
             the
             tenth
             Mansion
             ,
             and
             the
             tenth
             of
             all
             his
             goods
             :
             but
             Malmsbury
             saith
             ,
             the
             tenth
             of
             the
             hides
             of
             Land
             ;
             but
             in
             the
             Donation
             it self
             ,
             as
             it
             is
             by
             him
             recited
             ,
             it
             is
             the
             Tenth
             Mansion
             .
             But
             
               Matth.
               Westm.
            
             understands
             that
             he
             gave
             the
             Tenth
             part
             of
             his
             Kingdom
             ,
             
             but
             in
             the
             Donation
             by
             him
             published
             it
             is
             
               decimam
               partem
               terrae
               meae
            
             .
             In
             my
             opinion
             ,
             all
             this
             being
             by
             Tradition
             ,
             little
             can
             be
             grounded
             thereupon
             .
             The
             form
             of
             the
             Donation
             it self
             is
             uncertain
             and
             various
             ,
             the
             inference
             or
             relation
             more
             uncertain
             and
             unadvised
             ;
             for
             if
             the
             King
             had
             granted
             that
             which
             was
             not
             his
             own
             ,
             it
             could
             neither
             be
             accounted
             pious
             or
             rational
             .
             Nor
             do
             we
             find
             in
             the
             Donation
             that
             the
             King
             in
             precise
             words
             gave
             the
             Land
             ,
             or
             the
             Tenth
             part
             of
             the
             Land
             of
             his
             Kingdom
             ,
             but
             the
             Tenth
             of
             his
             Land
             in
             the
             Kingdom
             :
             And
             the
             exemplification
             published
             by
             
               Matth.
               Westm.
            
             countenanceth
             the
             same
             ,
             albeit
             the
             Historian
             observed
             it
             not
             .
             But
             suppose
             that
             the
             Kingdom
             joyned
             with
             the
             King
             in
             the
             concession
             ,
             and
             that
             it
             was
             the
             course
             to
             pass
             it
             onely
             in
             the
             Kings
             name
             ,
             yet
             could
             not
             the
             Tenth
             Hide
             ,
             Tenth
             Mansion
             ,
             or
             Tenth
             part
             of
             the
             Kingdom
             be
             granted
             ,
             without
             confusion
             in
             the
             possessions
             of
             the
             people
             .
             For
             either
             some
             particular
             persons
             must
             part
             with
             all
             their
             possessions
             ,
             or
             else
             out
             of
             every
             mans
             possession
             must
             have
             issued
             a
             proportionable
             supply
             ;
             or
             lastly
             a
             Tenth
             part
             of
             every
             mans
             possession
             ,
             or
             House
             and
             Land
             ,
             
             must
             be
             set
             forth
             from
             the
             rest
             ;
             or
             some
             must
             lose
             all
             and
             become
             beggars
             ,
             to
             save
             others
             :
             all
             which
             are
             to
             me
             equally
             improbable
             .
             Nevertheless
             I
             do
             not
             take
             the
             thing
             to
             be
             wholly
             fabulous
             ,
             but
             may
             rather
             suppose
             that
             either
             a
             Tenth
             was
             given
             out
             of
             the
             Kings
             own
             Demesnes
             ,
             which
             is
             most
             probable
             ;
             or
             else
             the
             Tenth
             of
             the
             profits
             of
             the
             Lands
             throughout
             the
             Kingdom
             ;
             and
             that
             it
             was
             by
             publick
             Act
             of
             State
             ,
             and
             that
             clause
             forgotten
             by
             Historians
             .
             And
             thus
             might
             a
             good
             president
             be
             led
             to
             
               Alfred
               ,
               Athelstan
            
             ,
             
             and
             other
             Kings
             ,
             
             who
             setled
             Tythes
             under
             payment
             of
             penalties
             ,
             and
             appointed
             the
             times
             of
             payment
             ,
             viz.
             
             The
             small
             Ttihes
             at
             Whitsontide
             ,
             and
             the
             great
             Tithes
             at
             Alhollantide
             .
          
           
             Another
             Tribute
             was
             that
             of
             Luminaries
             ,
             which
             by
             Alfred
             and
             Gunthrum
             was
             first
             setled
             by
             Law
             ,
             
             although
             it
             had
             been
             before
             claimed
             by
             Canon
             .
             It
             was
             payable
             thrice
             a
             year
             ,
             
               viz.
               Hollantide
               ,
               Candlemas
            
             ,
             and
             Easter
             ,
             
             at
             each
             time
             half
             a
             penny
             upon
             every
             Hide
             of
             Land
             ;
             and
             this
             was
             under
             a
             penalty
             also
             .
          
           
             Another
             Income
             arose
             from
             the
             Plough
             ,
             and
             under
             the
             name
             of
             Plough-Alms
             :
             At
             the
             first
             it
             was
             granted
             by
             Edward
             the
             Elder
             generally
             ,
             
             and
             the
             value
             was
             a
             penny
             upon
             every
             plough
             ;
             and
             in
             after-times
             it
             was
             ordained
             to
             be
             paid
             Fifteen
             days
             after
             Easter
             .
             
          
           
             Next
             comes
             a
             Fee
             at
             the
             death
             of
             the
             party
             ,
             which
             was
             commonly
             called
             
               Soul
               shot
            
             ,
             
             and
             paid
             (
             before
             the
             dead
             body
             was
             buried
             )
             unto
             that
             Church
             where
             the
             dead
             parties
             dwelling
             was
             .
             
             So
             as
             they
             never
             left
             paying
             and
             asking
             so
             long
             as
             the
             body
             was
             above
             ground
             ;
             and
             this
             it
             's
             probable
             turned
             into
             that
             fee
             which
             was
             afterward
             called
             a
             Mortuary
             .
          
           
             The
             incumbent
             also
             of
             every
             Church
             had
             Glebe
             laid
             to
             the
             Church
             ;
             besides
             oblations
             ,
             and
             other
             casual
             profits
             ,
             
             as
             well
             arising
             from
             houses
             bordering
             upon
             the
             Church
             ,
             
             as
             otherwise
             .
             All
             these
             four
             last
             were
             payable
             to
             the
             Priest
             of
             that
             particular
             Congregation
             ,
             and
             had
             not
             their
             beginning
             till
             Parishes
             came
             to
             be
             setled
             .
          
           
             Lastly
             ,
             the
             zeal
             of
             the
             charity
             of
             England
             was
             not
             so
             cold
             as
             to
             contain
             it self
             within
             it's
             own
             bounds
             :
             
             They
             were
             a
             dependent
             Church
             upon
             Rome
             ,
             and
             their
             old
             Mother
             must
             not
             be
             forgotten
             .
             An
             alms
             is
             granted
             ;
             for
             under
             that
             lowly
             title
             it
             passed
             first
             ,
             but
             afterwards
             called
             Romscot
             or
             Romesfeogh
             ,
             or
             
             Heord-penny
             ;
             for
             it
             was
             a
             penny
             upon
             every
             hearth
             or
             chimney
             ,
             payable
             at
             the
             Feast
             of
             St.
             
               Peter
               ad
               vincula
            
             ;
             and
             therefore
             also
             called
             
             Peter-pence
             :
             it
             was
             for
             the
             Popes
             use
             ;
             and
             was
             setled
             under
             great
             penalties
             upon
             the
             defaulters
             .
             It
             arose
             by
             degrees
             and
             parcels
             :
             For
             first
             Ina
             the
             Saxon
             King
             granted
             a
             penny
             out
             of
             every
             house
             in
             his
             Kingdom
             :
             
             After
             him
             Offa
             granted
             it
             out
             of
             every
             dwelling
             house
             that
             had
             ground
             thereto
             occupied
             to
             the
             yearly
             value
             of
             Thirty
             pence
             ,
             
             excepting
             the
             Lands
             which
             he
             had
             purposed
             for
             the
             Monastery
             at
             St.
             Albans
             .
             
             This
             Offa
             had
             a
             much
             larger
             Dominion
             than
             Ina
             ,
             and
             was
             King
             over
             Three
             and
             twenty
             Shires
             .
             After
             whom
             Aethelwolf
             passed
             a
             new
             grant
             thereof
             out
             of
             his
             whole
             Kingdom
             ,
             which
             was
             well-nigh
             all
             that
             part
             which
             was
             called
             Saxony
             ,
             with
             this
             proviso
             nevertheless
             ,
             that
             where
             a
             man
             had
             divers
             dwelling
             houses
             ,
             he
             was
             to
             pay
             onely
             for
             that
             house
             wherein
             he
             dwelt
             at
             the
             time
             of
             payment
             .
             Afterward
             Edward
             the
             Confessor
             
             confirmed
             that
             Donation
             out
             of
             such
             Tenements
             as
             had
             Thirty
             pence
             
               vivae
               pecuniae
            
             .
             If
             then
             it
             be
             granted
             ,
             that
             the
             Saxon
             Subjects
             had
             any
             property
             in
             their
             Lands
             or
             Tenements
             ,
             as
             no
             man
             ever
             questioned
             ,
             then
             could
             not
             this
             charge
             be
             imposed
             without
             the
             publick
             consent
             of
             the
             people
             ▪
             and
             then
             the
             assertions
             of
             Polydore
             and
             the
             Monks
             ,
             who
             tell
             us
             that
             Ina
             and
             Offa
             had
             made
             the
             whole
             Kingdom
             tributary
             to
             Rome
             ,
             must
             needs
             be
             a
             mistake
             ,
             both
             in
             the
             person
             ,
             and
             the
             nature
             
             of
             the
             gift
             ,
             seeing
             there
             is
             a
             much
             more
             difference
             between
             an
             Alms
             and
             a
             Tribute
             ,
             than
             between
             the
             King
             and
             the
             People
             .
             Now
             that
             it
             was
             an
             Alms
             ,
             and
             not
             a
             Tribute
             ,
             may
             apear
             ,
             for
             that
             the
             original
             was
             a
             suddain
             pang
             of
             Zeal
             ,
             conceived
             and
             born
             in
             one
             breath
             ,
             
             while
             the
             King
             was
             at
             Rome
             ;
             and
             therefore
             not
             imposed
             as
             a
             Tribute
             .
             Secondly
             ,
             it
             was
             
               ex
               regali
               munificentia
            
             ,
             and
             therefore
             free
             .
             Thirdly
             ,
             it
             was
             expresly
             the
             gift
             of
             the
             King
             ;
             for
             the
             Law
             of
             St.
             Edward
             ,
             which
             provideth
             for
             the
             recovery
             of
             the
             Arrears
             of
             this
             Money
             ,
             
             and
             enjoyneth
             that
             they
             must
             be
             paid
             to
             the
             King
             ,
             and
             not
             to
             Rome
             ,
             
             as
             it
             was
             in
             the
             days
             of
             Canutus
             and
             Edgar
             ,
             rendereth
             the
             reason
             thereof
             to
             be
             ,
             because
             it
             was
             the
             
               Kings
               Alms.
            
             
          
           
             Secondly
             ,
             that
             it
             was
             an
             Alms
             onely
             from
             the
             King
             ,
             and
             out
             of
             his
             own
             Demesnes
             ,
             may
             seem
             not
             improbable
             ,
             because
             it
             was
             
               ex
               regali
               munificentia
            
             ,
             which
             could
             never
             be
             affirmed
             if
             the
             gift
             had
             been
             out
             of
             the
             Estates
             of
             others
             .
             Secondly
             ,
             it
             was
             granted
             onely
             out
             of
             such
             houses
             as
             yielded
             Thirty
             pence
             Rent
             ,
             called
             
               vivae
               pecuniae
            
             ,
             because
             in
             those
             times
             Rent
             was
             paid
             in
             Victual
             ;
             so
             as
             it
             may
             seem
             that
             onely
             Farms
             were
             charged
             herewith
             :
             and
             not
             all
             mens
             Farms
             neither
             ;
             for
             the
             general
             income
             will
             never
             answer
             that
             proportion
             .
             The
             particular
             hereof
             I
             shall
             in
             brief
             set
             forth
             .
             It
             appeareth
             in
             the
             former
             Quotation
             ,
             that
             Offa
             charged
             this
             Leavy
             upon
             the
             Inhabitants
             dwelling
             in
             Nine
             several
             Diocesses
             ,
             
               viz.
               Hereford
            
             ,
             which
             contained
             the
             City
             and
             County
             adjacent
             .
             2.
             
             Worcester
             ,
             containing
             the
             Cities
             and
             Shires
             of
             it
             and
             
               Gloucester
               .
               3.
               
               Litchfield
            
             ,
             containing
             
               Warwickshire
               ,
               Cheshire
               ,
               Staffordshire
               ,
               Shropshire
               ,
            
             and
             
               Derbyshire
               .
               4.
               
               Leicester
            
             ,
             with
             the
             County
             adjacent
             .
             5.
             
             Lincoln
             ,
             with
             the
             County
             adjacent
             .
             6.
             
             Dorchester
             ,
             whereto
             belonged
             
               Northamptonshire
               ,
               Buckinghamshire
               ,
               Bedfordshire
               ,
               Huntingtonshire
               ,
               Cambridgeshire
               ,
            
             and
             half
             
               Hertfordshire
               .
               7.
               
               London
            
             ,
             with
             
               Essex
               ,
               Middlesex
            
             ,
             and
             the
             other
             half
             of
             
               Hertfordshire
               .
               8.
               
               Helmham
            
             ,
             with
             
               Norfolk
               .
               9.
               
               Domuck
            
             or
             Dunwich
             ,
             with
             Suffolk
             .
             In
             which
             nine
             Diocesses
             were
             two
             and
             Twenty
             Shires
             .
             And
             he
             further
             granted
             it
             out
             of
             Spatinghenshire
             ,
             (
             now
             Nottingham
             )
             whose
             Church
             belonged
             to
             York
             .
             But
             in
             Ethelwolfs
             time
             the
             Grant
             was
             enlarged
             ,
             and
             extended
             into
             Fifteen
             Diocesses
             ;
             which
             ,
             together
             with
             their
             several
             charge
             out
             of
             the
             English
             Martyrology
             ,
             I
             shall
             particularize
             ,
             
             as
             followeth
             :
             
               
                 
                    
                
                 
                   l.
                   
                
                 
                   s.
                   
                
                 
                   d.
                   
                
              
               
                 
                   Cantuar.
                   Dioces
                   .
                
                 
                   07
                
                 
                   18
                
                 
                   0
                
              
               
                 
                   London
                
                 
                   16
                
                 
                   10
                
                 
                   0
                
              
               
                 
                   Roffen
                
                 
                   05
                
                 
                   12
                
                 
                   0
                
              
               
                 
                   Norwic
                
                 
                   21
                
                 
                   10
                
                 
                   0
                
              
               
                 
                   Elienum
                
                 
                   05
                
                 
                   00
                
                 
                   0
                
              
               
                 
                   Lincoln
                
                 
                   42
                
                 
                   00
                
                 
                   0
                
              
               
                 
                   Cistrens
                
                 
                   08
                
                 
                   00
                
                 
                   0
                
              
               
                 
                   Winton
                
                 
                   17
                
                 
                   06
                
                 
                   8
                
              
               
                 
                   Exon
                
                 
                   09
                
                 
                   05
                
                 
                   0
                
              
               
                 
                   Wigorn
                
                 
                   10
                
                 
                   05
                
                 
                   0
                
              
               
                 
                   Hereford
                
                 
                   06
                
                 
                   00
                
                 
                   0
                
              
               
                 
                   Bathon
                
                 
                   12
                
                 
                   05
                
                 
                   0
                
              
               
                 
                   Latisburgh
                
                 
                   17
                
                 
                   00
                
                 
                   0
                
              
               
                 
                   Coventry
                
                 
                   10
                
                 
                   05
                
                 
                   0
                
              
               
                 
                   Ebor
                
                 
                   11
                
                 
                   10
                
                 
                   0
                
              
               
                 
                    
                
                 
                   200
                
                 
                   06
                
                 
                   8
                
              
            
          
           
             The
             whole
             Sum
             whereof
             not
             exceeding
             Two
             hundred
             pounds
             Six
             shillings
             
             and
             Eight
             pence
             ,
             will
             not
             amount
             to
             Seven
             hundred
             pounds
             of
             now-currant
             Money
             ,
             if
             the
             weight
             of
             a
             Penny
             was
             not
             less
             in
             those
             times
             than
             in
             the
             Reign
             of
             Edward
             the
             First
             ,
             when
             it
             was
             the
             Twentieth
             part
             of
             an
             Ounce
             ,
             and
             that
             the
             Twelfth
             part
             of
             a
             Pound
             ,
             as
             by
             the
             Statute
             thereof
             made
             may
             appear
             .
             Nor
             can
             the
             difference
             be
             much
             (
             if
             any
             )
             in
             regard
             of
             the
             vicinity
             of
             the
             time
             of
             this
             extract
             to
             that
             of
             the
             Statute
             :
             for
             though
             no
             particular
             date
             thereof
             appear
             ,
             yet
             it
             seemeth
             to
             be
             done
             after
             the
             Translation
             of
             the
             See
             from
             Thetford
             to
             Norwich
             ,
             which
             was
             done
             in
             
               William
               Rufus
            
             his
             time
             ;
             and
             after
             the
             erecting
             of
             the
             Bishoprick
             of
             Ely
             ,
             
             which
             was
             in
             the
             time
             of
             Henry
             the
             First
             .
             Now
             albeit
             this
             charge
             was
             in
             future
             times
             diversly
             ordered
             and
             changed
             ;
             yet
             upon
             this
             account
             it
             will
             appear
             ,
             that
             not
             above
             Eight
             and
             forty
             thousand
             and
             Eighty
             Houses
             were
             charged
             in
             this
             time
             of
             Edward
             the
             Second
             with
             this
             Assessment
             ;
             which
             is
             a
             very
             small
             proportion
             to
             the
             number
             of
             Houses
             of
             Husbandry
             in
             these
             days
             ,
             and
             much
             more
             inferiour
             to
             the
             proportion
             of
             Houses
             in
             those
             times
             ,
             if
             Polydores
             observation
             be
             true
             ,
             that
             in
             the
             Conquerour's
             time
             there
             were
             Sixty
             thousand
             Knights
             Fees
             ;
             and
             as
             others
             ,
             Fifty
             thousand
             Parishes
             .
             It
             may
             therefore
             be
             rather
             thought
             that
             none
             but
             the
             Kings
             Farmers
             were
             charged
             herewith
             ,
             notwithstanding
             the
             positive
             Relations
             of
             Writers
             ,
             who
             in
             this
             case
             ,
             as
             in
             most
             others
             ,
             wherein
             the
             credit
             of
             Rome
             is
             engaged
             ,
             spare
             not
             to
             believe
             lightly
             ,
             and
             to
             write
             largely
             .
             And
             thus
             for
             their
             Sevenfold
             Church-Officers
             ,
             we
             have
             also
             as
             many
             kinds
             of
             constant
             maintenance
             .
             One
             in
             Lands
             and
             Tenements
             ,
             and
             Six
             several
             kinds
             out
             of
             the
             Profits
             and
             the
             personal
             Estate
             ,
             besides
             the
             emergent
             benefits
             of
             Oblations
             and
             others
             formerly
             mentioned
             .
          
        
         
           
             CHAP.
             XII
             .
             Of
             the
             several
             Precincts
             of
             Jurisdictions
             of
             Church-Governours
             amongst
             the
             Saxons
             .
          
           
             THe
             Church-Officers
             thus
             called
             to
             the
             Drum
             and
             paid
             ,
             are
             sent
             to
             their
             several
             charges
             over
             Provinces
             ,
             Diocesses
             ,
             Deaneries
             ,
             and
             Parishes
             ,
             as
             they
             could
             be
             setled
             by
             time
             and
             occasion
             .
             Before
             the
             Saxons
             arrival
             ,
             
             London
             had
             the
             Metropolitan
             Sea
             ,
             or
             was
             the
             chiefest
             in
             precedency
             ;
             for
             Arch-bishops
             the
             Britons
             had
             none
             .
             Afterwards
             ,
             by
             advice
             of
             the
             Wise-men
             ,
             Canterbury
             obtained
             the
             precedency
             ,
             for
             the
             honour
             of
             Austin
             ,
             who
             was
             there
             buried
             .
             The
             number
             of
             Provinces
             ,
             and
             their
             several
             Metropolitan
             Sees
             ,
             
             was
             first
             ordered
             by
             advice
             of
             Pope
             Gregory
             ,
             who
             appointed
             two
             Arch-Bishops
             in
             Saxony
             ;
             the
             one
             to
             reside
             at
             Canterbury
             ,
             the
             other
             at
             York
             ;
             and
             that
             each
             of
             them
             should
             have
             Twelve
             Bishops
             under
             them
             .
             But
             this
             could
             never
             be
             compleated
             till
             Austin
             was
             dead
             ;
             as
             by
             the
             Epistle
             of
             Kenulphus
             to
             Pope
             Leo
             appeareth
             .
             Nor
             then
             had
             the
             Pope
             the
             whole
             power
             herein
             intailed
             to
             his
             Tripple
             Crown
             ;
             
             for
             the
             same
             Epistle
             witnesseth
             ,
             that
             the
             Council
             of
             the
             wise-men
             of
             the
             Kingdom
             ,
             ruled
             the
             case
             of
             the
             Primacy
             of
             Canterbury
             .
             
             And
             Offa
             the
             King
             afterward
             divided
             the
             Province
             of
             Canterbury
             into
             two
             Provinces
             ,
             which
             formerly
             was
             but
             one
             .
             
             The
             Precincts
             of
             Diocesses
             have
             been
             altered
             ordinarily
             by
             Kings
             ,
             
             or
             the
             Arch-bishops
             and
             their
             Synods
             ,
             as
             the
             lives
             of
             those
             first
             Arch-bishops
             set
             forth
             .
             
             Theodore
             had
             divided
             his
             Province
             into
             Five
             Diocesses
             ,
             and
             within
             a
             hundred
             years
             after
             Offa
             we
             find
             it
             increased
             into
             eleven
             Diocesses
             .
          
           
           
             Diocesses
             have
             also
             been
             subdivided
             into
             inferiour
             Precincts
             ,
             called
             Deanaries
             or
             Decanaries
             ,
             the
             chief
             of
             which
             was
             wont
             to
             be
             a
             Presbyter
             of
             the
             highest
             note
             ,
             called
             Decanus
             ,
             or
             Arch-Presbyter
             .
             The
             name
             was
             taken
             from
             that
             Precinct
             of
             the
             Lay-power
             ,
             called
             Decennaries
             ,
             having
             Ten
             Presbyters
             under
             his
             visit
             ,
             even
             as
             the
             Decenners
             under
             their
             chief
             .
             
             The
             smallest
             Precinct
             was
             that
             of
             the
             Parish
             ,
             
             the
             oversight
             whereof
             was
             the
             Presbyters
             work
             .
             They
             had
             Abbeys
             and
             other
             religious
             Houses
             ;
             but
             these
             were
             however
             Regular
             among
             themselves
             ,
             yet
             Irregular
             in
             regard
             of
             Church-government
             ,
             whereof
             I
             treat
             .
          
        
         
           
             CHAP.
             XIII
             .
             Of
             the
             manner
             of
             the
             Prelates
             Government
             of
             the
             Saxon-Church
             .
          
           
             HAving
             discoursed
             of
             the
             Persons
             and
             Precincts
             ,
             it
             now
             befals
             to
             touch
             upon
             the
             manner
             of
             the
             Government
             of
             the
             Church
             by
             the
             
             Saxon-Prelates
             ;
             which
             was
             not
             wrapped
             up
             in
             the
             narrow
             closet
             of
             private
             opinion
             ,
             but
             stated
             and
             regulated
             by
             publick
             Council
             ,
             as
             well
             in
             the
             making
             as
             executing
             of
             Laws
             already
             made
             .
             
             This
             course
             was
             learned
             from
             antiquity
             ,
             and
             inforced
             upon
             them
             by
             a
             
             Roman-constitution
             ,
             in
             the
             case
             that
             concerned
             Arch-bishop
             Theodore
             and
             Wilfrid
             ,
             upon
             this
             ground
             ,
             
               Quod
               enim
               multorum
               concilio
               geritur
               nulli
               consentientium
               ingerat
               scandalum
               .
            
             These
             are
             most
             ordinarily
             called
             Synods
             ,
             although
             at
             the
             pleasure
             of
             the
             Relator
             called
             also
             Councils
             ,
             and
             are
             either
             Diocesan
             ,
             or
             Provincial
             ,
             
             or
             National
             ,
             and
             these
             either
             particular
             or
             general
             .
             The
             general
             consisted
             of
             all
             the
             Bishops
             and
             Clergy
             ;
             and
             such
             was
             the
             Synod
             under
             Arch-Bishop
             Dunstan
             called
             .
             The
             National
             Synods
             were
             diversly
             called
             ;
             sometimes
             by
             the
             Pope
             ,
             sometimes
             by
             the
             King
             ,
             as
             the
             first
             moving
             occasion
             concerned
             either
             of
             them
             .
             For
             Pope
             Agatho
             in
             a
             Synod
             at
             Rome
             ,
             
             ordered
             that
             a
             Synod
             should
             be
             called
             in
             Saxony
             (
             viz.
             
               England
               )
               Sacrosancta
               authoritate
               &
               nostra
               Synodali
               unitate
            
             ;
             
             and
             many
             Legatine
             Synods
             in
             succeeding
             times
             demonstrate
             the
             same
             .
             That
             the
             Saxon
             Kings
             also
             called
             them
             upon
             occasion
             ,
             is
             obvious
             through
             all
             the
             Councils
             ,
             and
             needless
             to
             instance
             amongst
             ,
             so
             many
             particulars
             .
             
             The
             Provincial
             Synods
             were
             sometimes
             convocated
             by
             the
             King
             ,
             and
             sometimes
             by
             the
             Arch-bishop
             ,
             and
             sometimes
             joyntly
             .
             The
             Diocesan
             were
             called
             by
             the
             Bishop
             .
             In
             the
             National
             and
             Provincial
             ,
             sometimes
             Kings
             moderated
             alone
             ,
             sometimes
             the
             Arch-bishop
             alone
             ,
             and
             sometimes
             they
             joyned
             together
             .
             The
             Assistants
             were
             others
             ,
             
             both
             of
             the
             Clergy
             and
             Laity
             ,
             of
             several
             Ranks
             or
             Degrees
             ;
             and
             it
             seemeth
             that
             Women
             were
             not
             wholly
             excluded
             ;
             for
             in
             a
             Synod
             under
             Withered
             King
             of
             Kent
             ,
             Abbatisses
             were
             present
             and
             attested
             the
             acts
             of
             that
             Synod
             ,
             together
             with
             others
             of
             the
             Clergy
             of
             greater
             degree
             .
             The
             matters
             in
             action
             were
             either
             the
             making
             or
             executing
             of
             Laws
             for
             Government
             ;
             and
             (
             because
             few
             Laws
             passed
             that
             did
             not
             some
             way
             reflect
             upon
             the
             King
             and
             people
             ,
             as
             well
             as
             the
             Clergy
             )
             the
             King
             was
             for
             the
             most
             part
             present
             ,
             and
             always
             the
             Lords
             ,
             and
             others
             :
             Yet
             if
             the
             matters
             concerned
             the
             Church
             in
             the
             first
             act
             ,
             the
             King
             though
             present
             ,
             
             the
             Arch-bishop
             was
             nevertheless
             President
             ;
             as
             it
             besel
             at
             a
             Synod
             at
             Clevershoe
             ,
             An.
             747.
             and
             another
             at
             Celchith
             ,
             An.
             816.
             
             And
             in
             the
             Reign
             of
             Edward
             the
             Elder
             ,
             though
             the
             Synod
             was
             called
             by
             the
             King
             ,
             yet
             the
             Arch-bishop
             was
             President
             .
             Concerning
             all
             
             which
             it
             may
             be
             in
             the
             sum
             well
             conceived
             ,
             that
             in
             the
             penning
             of
             the
             Councils
             aforesaid
             ,
             either
             the
             Clergy
             (
             being
             Pen-men
             )
             were
             partial
             or
             negligent
             in
             the
             setting
             down
             of
             the
             right
             form
             ;
             and
             that
             the
             Kings
             called
             these
             Assemblies
             by
             instance
             of
             the
             Archbishop
             ,
             and
             sometime
             presided
             in
             his
             own
             person
             ,
             and
             sometimes
             deputed
             the
             Archbishop
             thereunto
             .
          
           
             The
             executing
             of
             Laws
             was
             for
             the
             most
             part
             left
             to
             the
             Diocesan
             Synods
             ;
             yet
             when
             the
             cases
             concerned
             great
             men
             ,
             the
             more
             general
             Councils
             had
             the
             cognizance
             ,
             and
             therein
             proceeded
             strictly
             ,
             sparing
             no
             persons
             of
             what
             degree
             soever
             .
             
             Examples
             we
             find
             hereof
             ,
             amongst
             others
             ,
             of
             one
             incestuous
             Lord
             ,
             and
             two
             delinquent
             Kings
             ,
             Edwy
             and
             Edgar
             .
             Nay
             they
             spared
             not
             the
             whole
             Kingdom
             ;
             
             for
             in
             the
             quarrel
             between
             Cenulphus
             the
             King
             ,
             and
             Archbishop
             Wilfrid
             ,
             the
             whole
             Kingdom
             was
             under
             interdict
             for
             six
             years
             space
             ;
             and
             no
             Baptism
             administred
             all
             that
             time
             .
             
             Nor
             were
             they
             very
             nice
             in
             medling
             with
             matters
             beyond
             their
             sphere
             ,
             even
             with
             matters
             of
             Property
             ;
             for
             at
             a
             Provincial
             Council
             (
             for
             so
             it
             is
             called
             )
             they
             bore
             all
             down
             before
             them
             ,
             even
             the
             King
             himself
             ,
             as
             in
             the
             case
             between
             Cenulphus
             the
             King
             ,
             
             and
             the
             Archbishop
             of
             Canterbury
             ,
             concerning
             the
             Monastery
             of
             Cotham
             .
             
             The
             like
             also
             of
             another
             Synod
             concerning
             the
             Monastery
             of
             Westburgh
             :
             It
             's
             true
             ,
             the
             Lords
             were
             present
             ;
             and
             it
             may
             be
             said
             ,
             that
             what
             was
             done
             ,
             was
             done
             in
             their
             right
             ;
             yet
             the
             Clergy
             had
             the
             rule
             ,
             and
             begat
             the
             Child
             ;
             and
             the
             Lay-Lords
             onely
             might
             challenge
             right
             to
             the
             name
             .
             This
             concurrence
             of
             the
             Laity
             with
             the
             Clergy
             contracted
             much
             business
             ,
             and
             by
             that
             means
             a
             customary
             power
             ,
             which
             once
             rooted
             ,
             the
             Clergy
             after
             they
             saw
             their
             time
             (
             though
             not
             without
             difficulty
             )
             turned
             both
             King
             and
             Lords
             out
             ,
             and
             shut
             the
             doors
             after
             them
             ,
             and
             so
             possessed
             themselves
             of
             the
             whole
             by
             Survivorship
             .
             But
             of
             this
             hereafter
             .
          
           
             The
             particular
             Diocesan
             Synods
             were
             ,
             as
             I
             said
             ,
             called
             by
             the
             Bishops
             within
             their
             several
             Diocesses
             .
             The
             work
             therein
             was
             to
             preach
             the
             Word
             as
             a
             preparative
             ;
             
             then
             to
             visit
             and
             enquire
             of
             the
             manners
             of
             the
             Clergy
             in
             the
             worship
             of
             God
             ,
             and
             of
             all
             matters
             of
             scandal
             ,
             and
             them
             to
             correct
             .
             These
             Synods
             were
             to
             be
             holden
             twice
             every
             year
             ,
             at
             certain
             times
             ;
             and
             if
             they
             met
             with
             any
             matter
             too
             hard
             for
             them
             to
             reform
             ,
             they
             referred
             it
             to
             the
             Provincial
             or
             National
             Synod
             .
          
        
         
           
             CHAP.
             XIV
             .
             Of
             Causes
             Ecclesiastical
             .
          
           
             AS
             the
             power
             of
             Synods
             grew
             by
             degrees
             ,
             so
             did
             also
             their
             work
             ;
             both
             which
             did
             mutually
             breed
             and
             feed
             each
             other
             .
             
             Their
             work
             consisted
             in
             the
             reforming
             and
             setling
             matters
             of
             Doctrine
             and
             Practice
             .
             The
             first
             was
             the
             most
             ancient
             ,
             and
             which
             first
             occasioned
             the
             use
             of
             Synods
             .
             In
             this
             Island
             the
             Pelagian
             Heresie
             brought
             in
             the
             first
             precedent
             of
             Synods
             that
             we
             have
             extant
             ;
             and
             herein
             it
             will
             admit
             of
             no
             denial
             ,
             but
             in
             the
             infancy
             of
             the
             Church
             the
             Teachers
             are
             the
             principal
             Judges
             of
             the
             nature
             of
             Errour
             and
             Heresie
             ,
             as
             also
             of
             the
             truth
             ;
             as
             the
             Church
             is
             the
             best
             guide
             to
             every
             Christian
             in
             his
             first
             instruction
             in
             the
             principles
             ;
             but
             after
             some
             growth
             there
             is
             that
             in
             every
             Church
             and
             Christian
             that
             makes
             itself
             party
             in
             judging
             of
             truth
             and
             errour
             joyntly
             with
             the
             first
             Teachers
             .
             And
             therefore
             't
             is
             not
             without
             reason
             ,
             that
             in
             that
             
             first
             Synod
             ,
             although
             Germanus
             was
             called
             Judex
             ,
             
             yet
             the
             people
             hath
             the
             name
             of
             Arbiter
             ,
             and
             't
             is
             said
             that
             they
             did
             
               contestare
               judicium
            
             .
          
           
             Blasphemy
             was
             questionless
             under
             Church-censure
             ,
             
             but
             I
             find
             no
             footsteps
             of
             any
             particular
             Law
             against
             it
             ;
             
             yet
             in
             Scotland
             a
             Law
             was
             made
             to
             punish
             it
             with
             cutting
             out
             the
             Tongue
             of
             the
             Delinquent
             :
             But
             it
             may
             be
             feared
             that
             neither
             the
             Saxons
             nor
             their
             Roman
             Teachers
             ,
             were
             so
             zealous
             for
             the
             honour
             of
             Gods
             Name
             ,
             as
             to
             regard
             that
             odious
             sin
             ;
             unless
             we
             should
             account
             them
             so
             holy
             as
             that
             they
             were
             not
             tainted
             therewith
             ,
             and
             so
             needed
             no
             Law.
             
          
           
             But
             Apostacy
             was
             an
             early
             sin
             ,
             and
             soon
             provided
             against
             ;
             
             the
             Church-censure
             was
             allowed
             of
             in
             Britain
             before
             the
             Saxons
             Church
             had
             any
             breath
             :
             Afterward
             it
             was
             punished
             by
             Fine
             and
             Imprisonment
             ,
             
             by
             a
             Law
             made
             by
             Alfred
             ,
             
             as
             he
             provided
             in
             like
             manner
             for
             other
             Church
             Laws
             .
          
           
             The
             times
             anciently
             were
             not
             so
             zealous
             for
             due
             observance
             of
             Divine
             Worship
             ,
             
             unless
             by
             the
             Church-men
             who
             were
             the
             Leaders
             therein
             ;
             a
             foreign
             Canon
             was
             made
             to
             enforce
             that
             Duty
             long
             before
             ,
             
             but
             it
             would
             not
             down
             with
             the
             rude
             Saxons
             :
             they
             ,
             or
             the
             greater
             sort
             of
             them
             ,
             were
             content
             to
             come
             to
             Church
             onely
             to
             pray
             and
             hear
             the
             Word
             ,
             and
             so
             went
             away
             .
             This
             is
             noted
             by
             that
             ancient
             Writer
             in
             nature
             of
             an
             imputation
             ,
             as
             if
             somewhat
             else
             was
             to
             be
             done
             ,
             
             which
             they
             neglected
             ;
             this
             somewhat
             was
             the
             Mass
             ,
             which
             in
             those
             days
             was
             wont
             to
             be
             acted
             after
             the
             Sermon
             ended
             .
             
             And
             it
             's
             probable
             that
             if
             the
             Nobles
             were
             so
             ill
             trained
             up
             ,
             the
             inferiour
             sort
             was
             worse
             ;
             and
             yet
             find
             we
             no
             Law
             to
             constrain
             their
             diligence
             :
             or
             to
             speak
             more
             plainly
             ,
             it
             's
             very
             likely
             the
             Saxons
             were
             so
             resolute
             in
             their
             Worship
             ,
             
             as
             there
             was
             either
             little
             need
             of
             Law
             to
             retain
             them
             ,
             or
             little
             use
             of
             Law
             to
             reclaim
             them
             .
             For
             it
             's
             observed
             in
             their
             late
             Psalter
             ,
             that
             the
             Roman
             Clergy
             was
             not
             more
             forward
             to
             Image
             or
             Saint-worship
             ,
             than
             the
             people
             were
             backward
             thereto
             ;
             and
             therein
             shewed
             themselves
             the
             true
             Seed
             of
             their
             Ancestors
             in
             Germany
             ,
             
             of
             whom
             it
             's
             observed
             that
             they
             endured
             not
             Images
             ,
             but
             worshipped
             a
             Deity
             which
             they
             saw
             
               sola
               reverentia
            
             .
          
           
             Sorcery
             and
             Witchcraft
             they
             had
             in
             abomination
             :
             yet
             it
             was
             a
             sin
             always
             in
             a
             mist
             ,
             and
             hard
             to
             be
             discerned
             but
             by
             the
             quick-sighted
             Clergy
             ;
             and
             therefore
             it
             was
             left
             to
             their
             censure
             ,
             as
             a
             sin
             against
             the
             Worship
             of
             God.
             
             This
             Ethebald
             the
             Mercian
             King
             first
             endowed
             them
             with
             ;
             and
             they
             alone
             exercised
             the
             Cognizance
             thereof
             till
             
             Alfred's
             time
             ,
             
             who
             inflicted
             thereupon
             the
             penalty
             of
             Banishment
             :
             
             but
             if
             any
             were
             killed
             by
             inchantment
             ,
             the
             delinquent
             suffered
             death
             by
             a
             Law
             made
             by
             Aethelstan
             .
             And
             thus
             by
             degrees
             became
             one
             and
             the
             same
             Crime
             punishable
             in
             several
             Jurisdictions
             ,
             in
             several
             respects
             .
          
           
             Concerning
             Perjury
             ,
             
             the
             Prelates
             had
             much
             to
             do
             therewith
             in
             future
             times
             ;
             and
             they
             had
             the
             first
             hint
             from
             Ina
             the
             Saxon
             King
             's
             Grant
             to
             them
             of
             power
             to
             take
             Testimonies
             upon
             Oath
             ,
             
             as
             supposing
             that
             the
             Reverence
             that
             men
             might
             bear
             to
             their
             Persons
             and
             Functions
             ,
             would
             the
             rather
             over-awe
             their
             Tongues
             in
             witnessing
             ;
             that
             they
             would
             not
             dare
             to
             falsifie
             ,
             lest
             these
             knowing
             men
             should
             espy
             it
             ,
             and
             forthwith
             give
             them
             their
             doom
             .
             
             But
             no
             positive
             Law
             allowed
             them
             that
             power
             of
             sentence
             ,
             till
             
             Aethelstan's
             Law
             gave
             it
             ;
             and
             upon
             conviction
             by
             the
             same
             Law
             ,
             distested
             the
             delinquents
             Oath
             for
             ever
             .
          
           
             Sacriledge
             comes
             in
             the
             next
             place
             ,
             
             being
             a
             particular
             Crime
             meerly
             of
             the
             Clergy-mens
             invention
             and
             naming
             ;
             for
             before
             they
             baptized
             it
             ,
             you
             might
             have
             well
             enough
             called
             it
             Theft
             ,
             Oppression
             ,
             or
             Extortion
             .
             This
             Crime
             the
             Prelates
             held
             under
             their
             Cognizance
             by
             vertue
             of
             that
             general
             
             Maxime
             ,
             
             
               That
               all
               wrong
               done
               to
               the
               Church
               ,
               must
               be
               judged
               by
               the
               Church
               .
            
             The
             first
             time
             that
             I
             can
             observe
             they
             challenged
             this
             power
             ,
             
             was
             by
             Egbert
             Archbishop
             of
             York
             in
             the
             Seventh
             Century
             .
          
           
             But
             nothing
             was
             more
             their
             own
             than
             Simony
             ;
             
             and
             that
             may
             be
             the
             reason
             why
             we
             find
             so
             little
             thereof
             either
             for
             the
             discovery
             or
             correcting
             of
             it
             .
             
             All
             former
             Crimes
             were
             in
             their
             first
             act
             destructive
             to
             the
             Church
             ,
             but
             this
             advantageous
             ;
             and
             therefore
             though
             the
             Canons
             roar
             loud
             ,
             yet
             the
             execution
             is
             not
             mortal
             ,
             because
             it
             's
             bent
             against
             the
             dignity
             ,
             and
             not
             the
             gain
             .
             And
             although
             the
             Canon
             would
             not
             that
             any
             Presbyter
             should
             be
             made
             ,
             but
             presented
             therewith
             to
             some
             place
             to
             exercise
             his
             Function
             in
             ,
             yet
             it
             serveth
             not
             for
             those
             times
             when
             men
             were
             sent
             forth
             rather
             to
             make
             Flocks
             than
             to
             feed
             Flocks
             .
          
           
             And
             yet
             the
             Theam
             of
             Marriage
             was
             the
             best
             Dish
             in
             all
             their
             Entertainment
             :
             They
             had
             the
             whole
             common
             place
             thereof
             ,
             
             with
             the
             Appurtenances
             ,
             within
             the
             compass
             of
             their
             Text
             ,
             before
             ever
             it
             attained
             the
             honour
             of
             a
             Sacrament
             .
             It
             was
             a
             branch
             of
             Moses
             Law
             ,
             whereof
             they
             were
             the
             sole
             Expositors
             ,
             and
             so
             seemeth
             to
             be
             cast
             upon
             them
             by
             a
             kind
             of
             necessity
             ,
             as
             an
             Orphan
             that
             had
             no
             owner
             .
             Nevertheless
             a
             passage
             in
             Eusebius
             seemeth
             to
             report
             this
             Trust
             in
             the
             Civil
             Magistrate
             :
             for
             he
             relateth
             out
             of
             
               Justin
               Martyr
            
             ,
             concerning
             a
             Divorce
             sued
             out
             by
             a
             godly
             Matron
             long
             before
             the
             Prelacie
             got
             into
             the
             Saddle
             ,
             or
             the
             Clergie
             had
             the
             power
             of
             Judicature
             .
             And
             whereas
             Lucius
             taxed
             Vrbicius
             the
             Magistrate
             for
             punishing
             Ptolomy
             who
             was
             guilty
             of
             no
             Crime
             worthy
             of
             his
             cognizance
             in
             that
             kind
             ,
             amongst
             other
             Crimes
             (
             enumerated
             by
             him
             ,
             whereof
             Ptolomy
             was
             not
             guilty
             )
             he
             nameth
             the
             Crimes
             against
             the
             Seventh
             Commandment
             ;
             intimating
             thereby
             a
             power
             in
             the
             Judge
             to
             have
             cognizance
             of
             those
             Crimes
             as
             well
             as
             others
             .
             But
             the
             Prelacie
             beginning
             to
             mount
             ,
             nibled
             at
             it
             in
             the
             second
             Centurie
             ,
             but
             more
             cleerly
             in
             the
             fourth
             ,
             when
             the
             persecutions
             were
             allayed
             ,
             and
             men
             of
             Learning
             began
             to
             feel
             their
             Honour
             ;
             and
             never
             left
             pursuit
             till
             they
             had
             swallowed
             the
             Bait
             ,
             and
             exercised
             not
             onely
             a
             Judiciary
             power
             in
             determining
             all
             Doubts
             and
             Controversies
             concerning
             the
             same
             ,
             but
             challenged
             an
             Efficienciary
             power
             in
             the
             Marriage-making
             .
             This
             Garland
             Austin
             brought
             over
             with
             him
             ,
             and
             crowned
             the
             Saxon
             Clergie
             therewith
             ,
             as
             may
             appear
             by
             his
             Queries
             to
             Pope
             Gregory
             :
             
             And
             thus
             the
             Saxons
             that
             formerly
             wedded
             themselves
             ,
             became
             hereafter
             wedded
             by
             the
             Clergie
             .
             Yet
             the
             Civil
             Magistrate
             retained
             a
             supream
             Legislative
             power
             concerning
             it
             ,
             as
             the
             joynt
             Marriages
             between
             the
             
               Saxons
               ,
               Britons
            
             ,
             and
             Picts
             ,
             do
             manifest
             :
             For
             it
             's
             said
             of
             that
             Work
             ,
             that
             it
             was
             effected
             
               per
               commune
               concilium
               &
               assensum
               omnium
               Episcoporum
               ,
               procerum
               ,
               comitum
               ,
               &
               omnium
               sapientum
               ,
               seniorum
               ,
               &
               populorum
               totius
               regni
               ,
               &
               per
               praeceptum
               Regis
               Inae
            
             ;
             
             and
             in
             the
             time
             of
             Edward
             their
             King
             ,
             
             were
             enacted
             Laws
             or
             Rules
             concerning
             Marriage
             ;
             and
             so
             unto
             the
             Lay-power
             was
             the
             Ecclesiastical
             adjoyned
             in
             this
             Work.
             
          
           
             The
             Clergie
             having
             gained
             the
             Principal
             ,
             with
             more
             ease
             obtained
             the
             Appurthenances
             ;
             
             such
             as
             
               Bastardy
               ,
               Adultery
               ,
               Fornication
            
             ,
             and
             Incest
             There
             was
             some
             doubt
             concerning
             Bastardy
             ,
             because
             it
             trenched
             far
             into
             the
             Title
             of
             Inheritance
             ;
             and
             so
             they
             attained
             that
             
               sub
               modo
            
             ,
             as
             afterward
             will
             appear
             .
             The
             Laws
             of
             Alfred
             and
             Edward
             the
             elder
             ,
             allowed
             them
             the
             cognizance
             of
             Incest
             ;
             
             although
             nevertheless
             the
             Civil
             Magistrate
             retained
             also
             the
             cognizance
             thereof
             ,
             
             so
             far
             as
             concerned
             the
             penalty
             of
             the
             Temporal
             Law.
             Adultery
             and
             Fornication
             ,
             they
             held
             without
             controul
             ;
             
             yet
             in
             the
             same
             manner
             as
             the
             former
             :
             for
             the
             Civil
             Magistrate
             had
             cognizance
             thereof
             ,
             so
             far
             as
             touched
             the
             Temporal
             penalty
             .
             
             And
             to
             give
             them
             as
             much
             as
             can
             be
             allowed
             ,
             
             it
             's
             probable
             that
             in
             all
             or
             most
             of
             the
             Cases
             foregoing
             ,
             they
             had
             the
             honour
             to
             advise
             in
             determining
             of
             the
             Crime
             ,
             and
             declaring
             the
             Law
             ,
             or
             defining
             the
             matter
             ;
             for
             in
             those
             ignorant
             times
             it
             could
             not
             be
             expected
             from
             any
             other
             .
          
           
             But
             how
             the
             cognizance
             of
             Tythes
             crept
             under
             their
             wing
             ,
             
             might
             be
             much
             more
             wondred
             at
             ,
             for
             that
             it
             was
             originally
             from
             the
             Grant
             of
             the
             People
             :
             nor
             can
             a
             better
             ground
             be
             found
             by
             me
             than
             this
             ,
             that
             it
             was
             a
             matter
             of
             late
             original
             :
             For
             till
             the
             Seventh
             Century
             the
             times
             were
             troublesome
             ;
             and
             no
             setled
             maintenance
             could
             be
             expected
             for
             the
             Ministry
             ,
             where
             men
             were
             not
             in
             some
             certainty
             of
             their
             daily
             Bread.
             And
             as
             it
             will
             hardly
             be
             demonstrated
             that
             this
             Title
             was
             ever
             in
             any
             positive
             National
             Law
             before
             the
             time
             of
             Charlemain
             ,
             in
             whose
             time
             ,
             by
             a
             Synod
             of
             Clergie
             and
             Laitie
             ,
             it
             was
             decreed
             that
             Tythes
             should
             be
             gathered
             by
             selected
             persons
             ,
             to
             pay
             the
             Bishops
             and
             Presbyters
             :
             
             So
             neither
             can
             I
             find
             any
             Saxon
             National
             Constitution
             to
             settle
             this
             duty
             ,
             till
             
             Alfred's
             time
             ,
             although
             the
             Church-men
             had
             them
             as
             a
             
               voluntary
               Gift
            
             (
             so
             far
             as
             touched
             the
             
               quota
               pars
            
             )
             
             for
             the
             space
             of
             well-nigh
             a
             hundred
             years
             before
             .
             But
             Alfred
             made
             a
             National
             Law
             ,
             under
             a
             penalty
             ,
             to
             enforce
             this
             Duty
             ;
             which
             the
             Canon
             could
             not
             wring
             from
             the
             Saxons
             ,
             
             how
             dreadful
             soever
             the
             Censure
             proved
             .
             And
             by
             this
             means
             the
             Church
             had
             their
             remedy
             by
             Ecclesiastical
             censure
             for
             the
             matter
             in
             fact
             ,
             and
             also
             the
             Civil
             Magistrate
             the
             cognizance
             in
             point
             of
             Right
             ,
             albeit
             future
             times
             introduced
             a
             change
             herein
             .
          
        
         
           
             CHAP.
             XV.
             A
             brief
             Censure
             of
             the
             Saxon
             Prelatical
             Church-Government
             .
          
           
             THis
             that
             I
             have
             said
             ,
             might
             at
             the
             first
             view
             seem
             to
             represent
             a
             curious
             Structure
             of
             Church-policie
             ,
             which
             might
             have
             put
             a
             period
             to
             time
             it self
             ;
             but
             (
             to
             speak
             
               sine
               ira
               &
               studio
            
             )
             the
             height
             was
             too
             great
             ,
             considering
             the
             foundation
             ,
             and
             therefore
             ever
             weak
             ,
             and
             in
             need
             of
             props
             .
             The
             foundation
             was
             neither
             on
             the
             Rock
             ,
             nor
             on
             good
             ground
             ,
             but
             by
             a
             Ginn
             screwed
             to
             the
             Roman
             Consistory
             ,
             or
             like
             a
             Castle
             in
             the
             Air
             ,
             hanging
             upon
             a
             pin
             of
             Favour
             of
             Kings
             and
             great
             men
             .
             At
             the
             first
             they
             thought
             best
             to
             temporize
             ,
             and
             to
             hold
             both
             these
             their
             strings
             to
             their
             Bow
             ;
             but
             feeling
             themselves
             somewhat
             under-propped
             by
             the
             Consciences
             of
             the
             ignorant
             people
             ,
             they
             soon
             grew
             wondrous
             brave
             ,
             even
             to
             the
             jealousie
             of
             Princes
             ;
             which
             also
             was
             known
             so
             notoriously
             ,
             that
             the
             publick
             Synods
             rang
             ,
             
               That
               the
               Prelates
               loved
               not
               Princes
               ,
               but
               emulated
               them
               ,
               and
               envied
               their
               greatness
               ,
               and
               pursued
               them
               with
               detraction
               .
            
             
             And
             if
             the
             Cloth
             may
             be
             judged
             by
             the
             List
             ,
             that
             one
             example
             of
             Wilfrid
             Archbishop
             of
             York
             will
             speak
             much
             .
             He
             was
             once
             so
             humble
             minded
             ,
             
             as
             he
             would
             always
             go
             on
             foot
             to
             preach
             the
             Word
             ;
             but
             by
             that
             time
             he
             was
             warm
             in
             his
             Archbishops
             Robes
             ,
             he
             was
             served
             in
             Vessels
             of
             Gold
             and
             Silver
             ,
             and
             with
             Troops
             of
             Followers
             ,
             in
             such
             Gallantry
             ,
             as
             his
             Pomp
             was
             envied
             of
             the
             Queen
             .
             A
             strange
             growth
             of
             Prelacy
             in
             so
             small
             a
             space
             as
             Eighty
             years
             ,
             and
             in
             the
             midst
             of
             stormy
             times
             ,
             such
             as
             then
             afflicted
             this
             poor
             Country
             !
             But
             this
             is
             not
             all
             ;
             for
             never
             doth
             Pride
             lead
             the
             way
             ,
             but
             some
             other
             base
             Vice
             follows
             .
             I
             will
             not
             mention
             the
             lives
             of
             the
             
             Monks
             ,
             Nuns
             ,
             and
             other
             Clerks
             ;
             
             Malmsbury
             speaks
             sufficiently
             of
             their
             Luxury
             ,
             Drunkenness
             ,
             Quarrelling
             ,
             and
             Fighting
             .
             Others
             witness
             thereto
             ,
             and
             tell
             us
             that
             the
             Clergie
             seldom
             read
             the
             Scripture
             ,
             and
             did
             never
             preach
             ,
             and
             were
             so
             grosly
             ignorant
             ,
             that
             Alfred
             the
             King
             being
             a
             diligent
             Translator
             of
             Latine
             Writers
             into
             the
             Saxon
             Tongue
             ,
             rendreth
             this
             reason
             ,
             
               Because
               they
               would
               be
               very
               useful
               to
               some
               of
               his
               Bishops
               that
               understood
               not
               the
               Latine
               Tongue
               .
            
             
             Nor
             were
             the
             Presbyters
             of
             another
             dye
             ;
             for
             that
             King
             bewailing
             their
             ignorance
             ,
             in
             his
             Letter
             to
             Wolfegus
             ,
             saith
             ,
             
               That
               those
               which
               were
            
             de
             gradu
             spirituali
             ,
             
               were
               come
               to
               that
               condition
               ,
               that
               few
               of
               them
               on
               this
               side
            
             Humber
             
               could
               understand
               their
               Common
               prayers
               ,
               or
               translate
               them
               into
            
             Saxon
             ;
             
               and
               so
               few
               ,
               as
               I
               do
               not
            
             (
             saith
             he
             )
             
               remember
               one
               on
               this
               side
               the
            
             Thames
             
               when
               I
               began
               to
               reign
            
             .
             And
             the
             Synod
             that
             should
             have
             salved
             all
             ,
             covers
             the
             Sore
             with
             this
             Canonical
             Plaister
             ,
             that
             those
             of
             the
             Clergie
             that
             could
             not
             say
             
               Domine
               miserere
            
             in
             Latine
             ,
             
             should
             instead
             thereof
             say
             ,
             
               Lord
               have
               mercy
               upon
               us
            
             in
             English.
             It
             was
             therefore
             a
             vain
             thing
             for
             the
             Clergie
             to
             rest
             upon
             their
             Works
             ,
             or
             Title
             of
             
               Divine
               Right
            
             ;
             their
             great
             Pomp
             ,
             sacred
             Places
             ,
             and
             savour
             of
             Kings
             ,
             commended
             them
             to
             the
             Administration
             ,
             or
             rather
             Adoration
             of
             ignorant
             people
             ;
             and
             the
             favour
             of
             the
             Roman
             Chair
             ,
             unto
             the
             regard
             of
             Kings
             :
             who
             maintained
             their
             interest
             with
             the
             Conclave
             on
             the
             one
             side
             ,
             and
             with
             the
             People
             on
             the
             other
             side
             ,
             by
             their
             means
             ;
             and
             so
             they
             mutually
             served
             one
             another
             .
             It
             cannot
             be
             denied
             but
             the
             Pope
             and
             Kings
             were
             good
             Cards
             in
             those
             days
             ;
             yet
             had
             the
             Prelacie
             maturely
             considered
             the
             nature
             of
             the
             Saxon
             Government
             ,
             so
             much
             depending
             upon
             the
             people
             ,
             they
             might
             have
             laid
             a
             more
             sure
             foundation
             ,
             and
             attained
             their
             ends
             with
             much
             more
             ease
             and
             honour
             .
             I
             commend
             not
             the
             base
             way
             of
             Popularity
             by
             principles
             of
             Flattery
             ,
             but
             that
             honourable
             service
             of
             Truth
             and
             Vertue
             which
             sets
             up
             a
             Throne
             in
             the
             minds
             of
             the
             Vulgar
             ,
             few
             of
             whom
             but
             have
             some
             sparks
             of
             Nature
             left
             unquenched
             :
             for
             though
             Respect
             may
             chance
             to
             meet
             with
             Greatness
             ,
             yet
             Reverence
             is
             the
             proper
             Debt
             to
             Goodness
             ;
             without
             which
             we
             look
             at
             great
             men
             as
             Comets
             ,
             whose
             influence
             works
             mischief
             ,
             and
             whose
             light
             serves
             rather
             to
             be
             gazed
             upon
             ,
             than
             for
             direction
             .
          
           
             The
             foundation
             thus
             happily
             laid
             ,
             the
             progress
             of
             the
             building
             was
             no
             less
             irregular
             in
             regard
             of
             their
             ends
             that
             they
             aimed
             at
             :
             For
             first
             ,
             they
             admitted
             the
             Laity
             into
             their
             Synods
             ;
             who
             were
             not
             so
             dull
             but
             could
             espie
             their
             ambition
             ,
             nor
             so
             base
             spirited
             as
             to
             live
             in
             slavery
             after
             conviction
             .
             This
             Errour
             was
             espied
             I
             confess
             ,
             but
             it
             was
             too
             late
             ;
             and
             though
             they
             reformed
             it
             ,
             yet
             it
             was
             after
             Four
             hundred
             years
             labour
             .
             And
             in
             the
             mean
             time
             ,
             by
             the
             contentions
             of
             the
             Clergie
             amongst
             themselves
             ,
             Kings
             had
             first
             learned
             so
             much
             of
             their
             Supremacy
             ,
             and
             the
             Laity
             so
             much
             of
             their
             Liberty
             ,
             as
             they
             began
             to
             plead
             with
             the
             Clergie
             ,
             and
             had
             brought
             the
             matter
             to
             issue
             ,
             before
             the
             Synod
             could
             rid
             themselves
             of
             these
             Lay-Spectators
             ,
             or
             rather
             Overseers
             of
             their
             ways
             and
             actions
             .
             A
             second
             Errour
             was
             the
             yoking
             of
             the
             Bishops
             power
             under
             that
             of
             the
             Synods
             :
             for
             they
             had
             little
             or
             no
             power
             by
             the
             Canon
             that
             was
             not
             under
             their
             controul
             ,
             
             neither
             in
             admission
             or
             deprivation
             of
             Presbyters
             or
             others
             ,
             determining
             of
             any
             Cause
             ,
             nor
             passing
             sentence
             of
             Excommunication
             :
             And
             this
             could
             not
             but
             much
             hinder
             the
             hasty
             growth
             of
             Antichrist's
             power
             in
             this
             Kingdom
             .
             Nor
             could
             it
             ever
             be
             compleated
             so
             long
             as
             the
             Synods
             had
             the
             chief
             power
             .
             Nevertheless
             the
             inthralled
             spirits
             of
             the
             Clergie
             ,
             and
             terrour
             of
             the
             Papal
             thunder-bolt
             ,
             in
             continuance
             of
             time
             surmounted
             this
             difficulty
             ,
             and
             Synods
             became
             so
             tame
             
             and
             easily
             led
             ,
             as
             if
             there
             had
             been
             but
             one
             Devil
             to
             rule
             amongst
             them
             all
             .
             For
             if
             any
             quick
             eye
             or
             active
             spirit
             did
             but
             begin
             to
             peep
             or
             stir
             ,
             the
             Legate
             
               e
               latere
            
             soon
             reduced
             him
             into
             rank
             ,
             and
             kept
             all
             in
             awe
             with
             a
             
               Sub
               poena
            
             ,
             of
             unknown
             danger
             .
             A
             third
             error
             ,
             was
             the
             allowing
             of
             peculiars
             and
             exemptions
             of
             Religious
             Houses
             from
             ordinary
             jurisdiction
             ;
             and
             this
             was
             an
             error
             in
             the
             first
             concoction
             ,
             a
             block
             in
             the
             way
             of
             Prelacy
             ,
             and
             a
             clog
             to
             keep
             it
             down
             .
             This
             error
             was
             soon
             felt
             ,
             and
             was
             occasion
             of
             much
             mutiny
             in
             the
             body
             Ecclesiastical
             ;
             but
             exceeding
             profitable
             for
             Rome
             ,
             not
             only
             in
             point
             of
             Revenue
             by
             the
             multitude
             of
             Appeals
             ,
             but
             especially
             in
             maintaining
             a
             party
             for
             the
             Roman
             See
             ,
             in
             case
             the
             Prelacy
             of
             England
             should
             stumble
             at
             the
             Supremacy
             of
             Rome
             .
             Otherwise
             it
             seemed
             like
             a
             Wen
             upon
             the
             body
             ,
             rather
             than
             any
             Homogene
             Member
             ;
             and
             without
             which
             certainly
             the
             English
             Prelacy
             had
             thriven
             much
             better
             ,
             and
             the
             Roman
             Chair
             much
             worse
             .
             In
             all
             which
             regards
             ,
             I
             must
             conclude
             ,
             that
             the
             Prelatical
             Government
             in
             England
             was
             as
             yet
             like
             a
             young
             Bear
             not
             fully
             licked
             ,
             but
             left
             to
             be
             made
             compleat
             by
             time
             and
             observation
             .
          
        
         
           
             CHAP.
             XVI
             .
             Of
             the
             Saxons
             Common-wealth
             ,
             and
             the
             Government
             thereof
             ;
             and
             first
             of
             the
             King.
             
          
           
             HAving
             already
             treated
             of
             the
             Saxon
             Church
             ,
             in
             order
             I
             am
             now
             come
             to
             the
             Republick
             ,
             which
             in
             all
             probability
             will
             be
             expected
             to
             be
             suitable
             to
             their
             original
             in
             Germany
             ;
             whereunto
             having
             relation
             ,
             I
             shall
             first
             fall
             upon
             the
             persons
             and
             degrees
             abstractively
             ,
             then
             in
             their
             Assemblies
             ,
             and
             lastly
             of
             their
             Laws
             and
             customs
             .
             The
             Saxons
             in
             their
             first
             state
             in
             Germany
             were
             distributed
             into
             four
             Classes
             ,
             viz.
             the
             Nobles
             ,
             the
             Free-men
             ,
             the
             Manumitted
             persons
             ,
             and
             the
             Bond-men
             .
             Under
             the
             Nobility
             ,
             and
             from
             them
             ,
             arose
             one
             that
             was
             called
             a
             King
             ,
             of
             whom
             I
             shall
             speak
             apart
             :
             the
             two
             last
             differed
             only
             in
             the
             bare
             liberty
             of
             their
             persons
             ,
             and
             therefore
             may
             be
             comprehended
             under
             one
             head
             ,
             as
             they
             were
             in
             their
             original
             .
          
           
             A
             King
             amongst
             the
             Saxons
             in
             probability
             was
             anciently
             a
             Commander
             in
             the
             field
             ,
             an
             Officer
             
               pro
               tempore
            
             ,
             and
             no
             necessary
             Member
             in
             the
             constitution
             of
             their
             State
             :
             for
             in
             time
             of
             peace
             ,
             when
             the
             Common-wealth
             was
             it self
             ,
             the
             executive
             power
             of
             the
             Law
             rested
             much
             in
             the
             Nobility
             ;
             but
             in
             times
             of
             War
             ,
             and
             in
             publick
             distractions
             ,
             they
             chose
             a
             General
             ,
             and
             all
             sware
             Obedience
             unto
             him
             during
             the
             War
             ;
             it
             being
             finished
             ,
             the
             General
             laid
             down
             his
             Command
             ,
             
             and
             every
             one
             lived
             
               aequo
               jure
               propria
               contentus
               potestate
            
             .
             But
             in
             their
             transmigration
             into
             Britain
             ,
             the
             continuance
             of
             the
             War
             causing
             the
             continual
             use
             of
             the
             General
             ,
             made
             that
             Place
             or
             Office
             to
             settle
             and
             swell
             into
             the
             condition
             of
             a
             King
             ;
             and
             so
             he
             that
             was
             formerly
             Dux
             became
             Rex
             ;
             there
             being
             no
             more
             difference
             in
             the
             nature
             of
             their
             places
             ,
             than
             in
             the
             sense
             of
             the
             words
             ;
             the
             one
             signifying
             to
             Lead
             ,
             the
             other
             to
             Govern
             ;
             so
             as
             he
             that
             formerly
             was
             a
             
               servant
               for
               the
               occasion
            
             ,
             afterwards
             became
             a
             
               servant
               for
               life
            
             ;
             yet
             cloathed
             with
             Majestly
             ,
             like
             some
             bitter
             Pill
             covered
             with
             Gold
             ,
             to
             make
             the
             service
             better
             tasted
             .
             Nor
             was
             the
             place
             more
             desirable
             ,
             if
             duly
             considered
             .
             For
             first
             ,
             his
             Title
             rested
             upon
             the
             good
             opinion
             of
             the
             Free-men
             ;
             and
             it
             seemeth
             to
             be
             one
             of
             the
             best
             Gems
             of
             the
             Crown
             ,
             for
             that
             he
             was
             thereby
             declared
             
             to
             be
             most
             worthy
             of
             the
             love
             and
             service
             of
             the
             people
             .
             Yet
             was
             the
             ground
             of
             their
             Election
             so
             uncertain
             ,
             as
             a
             man
             might
             imagine
             that
             sometimes
             there
             appeared
             more
             of
             the
             will
             than
             of
             the
             judgment
             in
             it
             ;
             that
             it
             might
             be
             said
             to
             be
             the
             more
             free
             ,
             for
             they
             neither
             excluded
             women
             nor
             children
             further
             than
             present
             occasions
             led
             them
             .
             The
             West-Saxons
             deposed
             Seburg
             their
             Queen
             ,
             because
             they
             would
             not
             fight
             under
             a
             woman
             ;
             but
             the
             Mercians
             obeyed
             Elfled
             their
             Queen
             ,
             
             and
             under
             her
             fought
             valiantly
             with
             good
             success
             against
             the
             Danes
             ;
             
             imitating
             the
             custom
             of
             the
             Sitones
             or
             Norwegians
             in
             Germany
             ;
             
             or
             they
             might
             borrow
             it
             from
             the
             Lacedemonians
             .
             A
             Custom
             it
             was
             so
             much
             the
             more
             honourable
             ,
             by
             how
             much
             it
             demonstrateth
             freedom
             ,
             and
             that
             the
             worth
             of
             the
             people
             rested
             not
             so
             much
             in
             the
             head
             ,
             as
             it
             's
             diffused
             through
             the
             whole
             body
             .
             And
             it
             seemeth
             to
             run
             in
             the
             Blood
             of
             an
             
             English-man
             ,
             even
             to
             this
             day
             ,
             to
             be
             as
             brave
             under
             a
             single
             Queen
             ,
             as
             under
             the
             most
             valiant
             King
             ,
             if
             not
             much
             more
             ;
             and
             still
             to
             strive
             to
             be
             as
             famous
             for
             the
             defence
             of
             Majesty
             wherever
             they
             set
             it
             ,
             as
             the
             Britons
             were
             of
             old
             .
             Nor
             were
             they
             different
             in
             their
             respect
             of
             age
             ,
             from
             that
             of
             the
             Sex
             ;
             for
             though
             after
             the
             death
             of
             
               Edmond
               ,
               Edwin
            
             or
             Edgar
             were
             to
             have
             succeeded
             in
             the
             Crown
             by
             the
             right
             of
             descent
             ,
             yet
             the
             States
             would
             not
             admit
             them
             ,
             because
             they
             were
             Minors
             ;
             but
             the
             Mercians
             admitted
             Kenelme
             a
             child
             of
             Seven
             years
             old
             to
             be
             their
             King.
             They
             likewise
             excluded
             not
             Bastards
             till
             the
             Clergy
             interposed
             ;
             for
             they
             having
             wound
             themselves
             into
             the
             Councils
             of
             the
             Kingdom
             ,
             procured
             a
             Constitution
             to
             back
             them
             in
             the
             Election
             of
             Kings
             Legitimate
             ,
             
               &c.
               
               Let
               the
               Kings
               be
               legally
               chosen
               by
               Priests
               and
               Elders
               ,
               and
               not
               such
               as
               are
               begotten
               by
               Adultery
               or
               Incest
               :
            
             which
             Constitution
             was
             made
             in
             a
             Legatine
             Council
             ,
             and
             confirmed
             by
             great
             Offa.
             
             The
             rule
             of
             their
             Election
             was
             the
             same
             with
             that
             in
             
               Germany
               ,
               viz.
            
             
             to
             elect
             the
             chiefest
             out
             of
             the
             chiefest
             Family
             ,
             that
             is
             ,
             the
             chiefest
             for
             worth
             ,
             not
             by
             descent
             ;
             yet
             the
             honour
             they
             bare
             to
             their
             brave
             Kings
             who
             had
             deserved
             well
             ,
             made
             some
             to
             honour
             their
             posterity
             ,
             and
             to
             chuse
             their
             eldest
             after
             their
             decease
             ;
             and
             so
             in
             time
             Crowns
             were
             taken
             up
             by
             custom
             ,
             and
             Election
             oftentimes
             subsequent
             was
             accounted
             but
             a
             ceremony
             ,
             unless
             the
             people
             will
             dispute
             the
             point
             .
          
           
             Secondly
             ,
             this
             Election
             was
             qualified
             under
             a
             stipulation
             or
             covenant
             ,
             wherein
             both
             Prince
             and
             people
             were
             mutually
             bound
             each
             to
             other
             ;
             the
             people
             to
             defend
             their
             King
             ,
             
             which
             the
             Historian
             saith
             was
             
               praecipuum
               Sacramentum
            
             ;
             and
             the
             Prince
             to
             the
             people
             to
             be
             no
             other
             than
             the
             influence
             of
             the
             Law
             ,
             
             sutable
             to
             that
             saying
             of
             Aethelstan
             the
             
               Saxon
               King
               ,
               Seeing
               I
               according
               to
               your
               Law
               allow
               you
               what
               is
               yours
               ,
               do
               you
               so
               with
               me
            
             ;
             as
             if
             the
             Law
             were
             the
             sole
             umpire
             between
             King
             and
             people
             ,
             and
             unto
             which
             not
             only
             the
             people
             ,
             but
             also
             the
             King
             must
             submit
             .
             The
             like
             whereunto
             ,
             Ina
             the
             great
             Saxon
             King
             also
             ,
             
             
               No
               great
               man
            
             ,
             saith
             he
             ,
             
               nor
               any
               other
               in
               the
               whole
               Kingdom
               may
               abolish
               the
               written
               Laws
               .
            
             Kings
             furthermore
             bound
             themselves
             (
             at
             their
             entrance
             into
             the
             Throne
             )
             hereunto
             by
             an
             Oath
             ;
             as
             it
             's
             noted
             of
             Canutus
             ,
             unto
             whom
             ,
             after
             
             Aetheldred
             was
             dead
             ,
             the
             Bishops
             ,
             Abbots
             ,
             Dukes
             ,
             and
             other
             Nobles
             ,
             came
             and
             Elected
             him
             to
             be
             their
             King
             ,
             and
             sware
             Fealty
             unto
             him
             ;
             and
             he
             again
             sware
             to
             them
             ,
             that
             
               Secundum
               Deum
            
             ,
             
             
               &
               secundum
               seculum
            
             ,
             &c.
             viz.
             
               according
               to
               the
               Laws
               of
               God
               ,
               and
               of
               the
               Nation
               ,
               he
               would
               be
               a
               faithful
               Lord
               to
               them
               .
            
             It
             's
             probable
             ,
             I
             grant
             ,
             that
             the
             
               praecipuum
               Sacramentum
            
             formerly
             mentioned
             ,
             was
             in
             the
             first
             nature
             more
             personal
             for
             the
             defence
             of
             the
             person
             of
             their
             Leader
             ,
             whilst
             he
             was
             their
             Captain
             :
             because
             it
             much
             concerned
             the
             good
             of
             the
             Army
             ,
             
             and
             without
             whom
             all
             must
             scatter
             ,
             and
             be
             brought
             to
             ruine
             ;
             and
             this
             the
             words
             of
             the
             Historian
             do
             evidence
             .
             But
             the
             safety
             of
             the
             whole
             people
             depended
             not
             on
             him
             after
             the
             War
             was
             done
             ,
             and
             therefore
             the
             Oath
             tied
             them
             not
             any
             further
             :
             nor
             did
             the
             safety
             of
             the
             people
             afterwards
             ,
             when
             as
             the
             Saxons
             entred
             this
             Land
             ,
             so
             absolutely
             rest
             upon
             the
             person
             of
             the
             King
             ,
             especially
             if
             he
             proved
             unfit
             to
             manage
             the
             work
             :
             and
             therefore
             the
             fealty
             that
             the
             people
             sware
             to
             their
             King
             ,
             was
             not
             so
             absolutely
             determined
             upon
             their
             persons
             ,
             otherwise
             than
             in
             order
             to
             the
             publick
             weal
             ,
             as
             may
             appear
             from
             the
             Laws
             of
             the
             Confessor
             ,
             who
             was
             within
             Thirty
             years
             after
             the
             Reign
             of
             Aethelstan
             formerly
             mentioned
             .
             The
             words
             in
             English
             run
             thus
             :
             
               All
               the
               people
               in
               their
               Folkmote
               shall
               confederate
               themselves
               as
               sworn
               Brethren
               ,
               to
               defend
               the
               Kingdom
               against
               strangers
               and
               enemies
               ,
               together
               with
               their
               Lord
               the
               King
               ,
               and
               to
               preserve
               his
               Lands
               and
               Honours
               together
               with
               him
               with
               all
               faithfulness
               ,
               and
               that
               within
               and
               without
               the
               Kingdom
               of
            
             Britain
             
               they
               will
               be
               faithful
               to
               him
               as
               to
               their
               Lord
               and
               King.
            
             So
             as
             't
             is
             evident
             ,
             the
             Saxons
             fealty
             to
             their
             King
             ,
             was
             subservient
             to
             the
             publick
             safety
             ;
             and
             the
             publick
             safety
             is
             necessarily
             dependant
             upon
             the
             liberty
             of
             the
             Laws
             .
             Nor
             was
             it
             to
             be
             expected
             that
             the
             Saxons
             would
             endure
             a
             King
             above
             this
             pitch
             .
             For
             those
             parts
             of
             Germany
             (
             whence
             they
             came
             )
             that
             had
             the
             Regiment
             of
             Kings
             (
             which
             these
             had
             not
             )
             yet
             used
             they
             their
             Kings
             in
             no
             other
             manner
             than
             as
             
               Servants
               of
               State
            
             ,
             
             in
             sending
             them
             as
             Embassadors
             and
             Captains
             ,
             as
             if
             they
             claimed
             more
             interest
             in
             him
             than
             he
             in
             them
             :
             And
             the
             Historian
             saith
             expresly
             ,
             that
             amongst
             those
             people
             in
             Germany
             that
             had
             Kings
             ,
             their
             Kings
             had
             a
             defined
             power
             ,
             and
             were
             not
             
               supra
               libertatem
            
             .
             And
             this
             Maxim
             of
             State
             became
             afterwards
             priviledged
             by
             Sanctuary
             :
             for
             by
             the
             growth
             of
             Antichrist
             ,
             not
             only
             the
             Clergy
             ,
             but
             even
             their
             Tenants
             and
             Retainers
             were
             exempt
             from
             the
             reach
             of
             Kings
             ;
             and
             even
             by
             their
             own
             concession
             allowed
             of
             a
             Law
             that
             cut
             the
             throat
             of
             their
             indefined
             prerogative
             ,
             
               viz.
               That
               if
               the
               King
               defend
               not
               his
               people
               ,
               and
               especially
               Church-men
               from
               injury
               ,
               nec
               nomen
               Regis
               in
               eo
               constabit
               ,
               verum
               nomen
               Regis
               perdit
               .
            
             
             Which
             Law
             however
             it
             might
             pass
             for
             currant
             Divinity
             in
             those
             days
             ,
             yet
             't
             is
             strange
             it
             should
             get
             into
             a
             publick
             Act
             of
             State.
             
             Nor
             was
             this
             a
             dead
             word
             ;
             for
             the
             people
             had
             formerly
             a
             trick
             of
             deposing
             their
             Kings
             (
             when
             they
             saw
             him
             peep
             above
             the
             ordinary
             reach
             )
             and
             this
             was
             an
             easie
             work
             for
             them
             to
             do
             ,
             
             where
             ever
             Neighbouring
             Princes
             of
             their
             own
             Nation
             watched
             for
             the
             windfals
             of
             Crowns
             .
             This
             made
             the
             Monarchical
             Crown
             in
             this
             Land
             ,
             to
             walk
             circuit
             into
             all
             parts
             of
             the
             Countrey
             to
             find
             heads
             fit
             to
             wear
             it
             ,
             until
             the
             Norman
             times
             .
          
           
             Thirdly
             ,
             the
             Saxons
             had
             so
             hampered
             their
             Kings
             in
             their
             Elections
             ,
             and
             made
             them
             so
             properly
             their
             own
             ,
             as
             they
             claimed
             an
             interest
             not
             only
             in
             the
             person
             of
             their
             Kings
             ,
             but
             also
             in
             their
             Estates
             ,
             so
             as
             in
             some
             respects
             they
             were
             scarcely
             
               sui
               juris
            
             .
             For
             King
             Baldred
             had
             given
             the
             Mannor
             of
             Malings
             in
             Sussex
             to
             Christ-church
             in
             Canterbury
             ;
             and
             because
             the
             Lords
             consented
             not
             thereto
             ,
             it
             was
             revoked
             ,
             
             and
             King
             Egbert
             afterwards
             made
             a
             new
             grant
             by
             advice
             of
             the
             Lords
             ;
             which
             shews
             that
             the
             Demesnes
             of
             the
             Crown
             were
             holden
             sacred
             ,
             and
             not
             to
             be
             disposed
             of
             to
             any
             other
             use
             ,
             though
             pious
             ,
             without
             the
             consent
             of
             the
             Lords
             :
             and
             herewith
             concur
             all
             the
             Saxon
             infeodations
             ,
             attested
             and
             confirmed
             by
             Bishops
             ,
             Abbots
             ,
             Dukes
             ,
             and
             others
             of
             the
             Nobility
             ,
             under
             their
             several
             hands
             .
          
           
             Nevertheless
             ,
             Kings
             were
             not
             then
             like
             unto
             plumed
             Eagles
             ,
             exposed
             to
             the
             charity
             of
             the
             Fowls
             for
             food
             ,
             but
             had
             a
             Royal
             maintenance
             suitable
             
             to
             their
             Majesty
             .
             Their
             power
             was
             double
             ,
             one
             as
             a
             Captain
             ,
             another
             as
             a
             King
             ;
             the
             first
             was
             first
             ,
             and
             made
             way
             for
             the
             second
             .
             As
             Captain
             ,
             their
             power
             was
             to
             lead
             the
             Army
             ,
             punish
             according
             to
             Demerits
             ,
             and
             according
             to
             Laws
             ,
             and
             reward
             according
             to
             Discretion
             .
             As
             Captain
             ,
             they
             had
             by
             ancient
             custom
             the
             spoil
             left
             to
             their
             ordering
             by
             permission
             of
             the
             Army
             ,
             
               Exigunt
               Principis
               liberalitate
               illum
               Bellatorem
               equum
               ,
               illam
               cruentam
               &
               victricem
               frameam
            
             ;
             
             and
             they
             were
             not
             wont
             in
             such
             cases
             to
             be
             close
             handed
             (
             
               per
               bella
               raptus
               munificentiae
               materia
            
             )
             the
             spoils
             in
             these
             wasted
             parts
             of
             Germany
             bring
             little
             other
             than
             Horses
             and
             Arms.
             But
             after
             they
             came
             into
             Britain
             ,
             the
             change
             of
             Soil
             made
             them
             more
             fat
             ;
             Horses
             and
             Arms
             were
             turned
             into
             Towns
             ,
             Houses
             ,
             Lands
             ,
             and
             Cattle
             ;
             and
             these
             were
             distributed
             as
             spoils
             amongst
             the
             Saxon
             Souldiers
             by
             their
             Generals
             ;
             and
             this
             redounded
             to
             the
             maintenance
             of
             the
             State
             and
             port
             of
             the
             great
             men
             ,
             who
             were
             wont
             to
             be
             honoured
             
               non
               stipendiis
               sed
               muneribus
            
             ;
             and
             the
             people
             used
             
               ultro
               &
               viritim
               conferre
               principibus
               ,
               vel
               armentorum
               vel
               frugum
               aliquid
               .
            
             
             But
             now
             upon
             the
             distribution
             of
             conquered
             Towns
             ,
             Houses
             ,
             Lands
             ,
             and
             Cattle
             in
             Britain
             ,
             a
             yearly
             product
             of
             Victuals
             or
             other
             service
             was
             reserved
             and
             allowed
             to
             the
             Saxon
             Kings
             by
             the
             people
             ;
             as
             the
             people
             allowed
             to
             Joshua
             his
             Land
             ,
             Jos.
             19.
             46.
             
             So
             as
             they
             needed
             no
             longer
             the
             former
             course
             of
             Offerings
             ,
             but
             had
             enough
             to
             maintain
             their
             Royal
             port
             ,
             and
             great
             superfluity
             of
             Demesnes
             besides
             ;
             as
             their
             charity
             to
             the
             Church-men
             does
             sufficiently
             evidence
             .
             And
             by
             this
             means
             all
             the
             Lands
             in
             England
             became
             mediately
             or
             immediately
             holden
             of
             the
             Crown
             ,
             and
             a
             setled
             maintenance
             annexed
             to
             the
             same
             ;
             besides
             the
             casual
             profits
             upon
             emergencies
             ,
             or
             perquisites
             of
             Felons
             or
             
               Fugitives
               goods
               ,
               mines
               of
               Gold
               and
               Silver
               ,
               Treasure
               trove
               ,
               Mulcts
            
             for
             offences
             ,
             and
             other
             priviledges
             ,
             which
             being
             originally
             in
             the
             Kings
             ,
             
             were
             by
             them
             granted
             ,
             and
             made
             Royalties
             in
             the
             hands
             of
             Subjects
             ,
             
             as
             at
             this
             day
             .
          
           
             To
             the
             increase
             of
             his
             Majesty
             and
             maintenance
             ,
             there
             was
             an
             access
             of
             power
             ,
             not
             to
             
               make
               ,
               dispense
            
             with
             ,
             or
             
               alter
               Laws
            
             ,
             but
             to
             execute
             and
             act
             the
             
               Laws
               established
            
             :
             and
             against
             this
             power
             there
             was
             no
             rising
             up
             ,
             so
             long
             as
             it
             ,
             like
             an
             unfeathered
             Arrow
             ,
             gadded
             not
             at
             random
             .
             It
             's
             true
             ,
             the
             Church-men
             or
             Prelates
             checked
             them
             often
             ,
             but
             could
             never
             give
             them
             the
             mate
             .
             For
             peace
             sake
             ,
             Kings
             many
             times
             yielded
             much
             ;
             yet
             would
             no
             King
             of
             Saxon
             principles
             allow
             of
             any
             Canon
             that
             extolled
             the
             Clergy's
             Authority
             above
             that
             of
             Kings
             .
             And
             though
             the
             placing
             and
             displacing
             of
             Bishops
             seemed
             to
             be
             all
             Ecclesiastical
             work
             ,
             yet
             would
             not
             the
             Kings
             altogether
             connive
             (
             as
             the
             examples
             of
             Ina
             in
             placing
             a
             Bishop
             in
             
               Wells
               ;
               Offa
            
             ,
             in
             making
             two
             Provinces
             of
             one
             ;
             Cenulphus
             ,
             
             in
             restoring
             
               Polydorus
               ;
               Edfrid
            
             ,
             in
             deposing
             Wilfrid
             ;
             and
             Edward
             the
             Confessor
             ,
             in
             making
             
               Robert
               Norman
            
             Archbishop
             of
             Canterbury
             )
             may
             induce
             into
             opinion
             :
             and
             for
             their
             own
             safety
             sake
             ,
             
             the
             Prelates
             thought
             it
             wisdom
             for
             them
             sometimes
             to
             stoop
             to
             that
             power
             that
             at
             other
             times
             they
             must
             be
             beholding
             to
             .
             And
             therefore
             though
             in
             
               Synodical
               disputes
            
             they
             would
             hold
             with
             the
             Canon
             ,
             yet
             in
             
               matters
               of
               Action
            
             would
             suit
             with
             the
             occasion
             ,
             and
             thereby
             taught
             Princes
             to
             account
             of
             Canons
             but
             as
             Notions
             ;
             and
             politickly
             to
             put
             the
             honour
             of
             Commissioners
             upon
             these
             men
             .
             Thus
             the
             current
             of
             both
             powers
             passing
             in
             one
             channel
             ,
             made
             the
             people
             drink
             double
             Beer
             at
             once
             :
             the
             turns
             both
             of
             Pope
             and
             King
             were
             competently
             served
             ,
             and
             these
             men
             had
             the
             honour
             of
             the
             two-handed
             Sword
             ;
             and
             all
             seemed
             composed
             into
             a
             fair
             compromise
             .
             But
             the
             Popedom
             finding
             its
             Authority
             becalmed
             ,
             endured
             this
             but
             as
             a
             burthen
             ,
             till
             Pope
             Nicholas
             the
             second
             's
             time
             ,
             who
             by
             the
             like
             trick
             commended
             all
             to
             
             the
             Crown
             ,
             as
             from
             the
             Papal
             Benediction
             .
             For
             Edward
             the
             Confessour
             ,
             upon
             his
             foundation
             of
             the
             Abbey
             of
             Westminster
             ,
             sent
             to
             the
             Pope
             for
             his
             allowance
             and
             confirmation
             of
             what
             he
             had
             done
             ,
             or
             was
             to
             do
             ;
             and
             to
             make
             way
             for
             the
             more
             favour
             ,
             sent
             presents
             ,
             and
             a
             confirmation
             of
             Romescot
             .
             The
             Pope
             was
             so
             inflamed
             with
             such
             an
             abundant
             measure
             of
             blessing
             ,
             as
             he
             not
             onely
             granted
             the
             Kings
             desire
             ,
             but
             also
             discharged
             that
             Abbey
             from
             ordinary
             jurisdiction
             ,
             made
             it
             a
             peculiar
             subject
             onely
             to
             the
             Kings
             visitation
             ,
             
             and
             concluded
             his
             Bull
             with
             this
             Horn
             ,
             
             
               Vobis
               vero
               &
               posteris
               vestris
               regibus
               committimus
               advocationem
               &
               tuitionem
               ejusdem
               loci
               ,
               &
               omnium
               totius
               Angliae
               Ecclesiarum
               ;
               &
               vice
               nostra
               ,
               cum
               concilio
               Episcoporum
               &
               Abbatum
               ,
               constituatis
               ubique
               quae
               justa
               sunt
               .
            
             How
             the
             King
             took
             the
             conclusion
             ,
             I
             find
             not
             ,
             but
             he
             could
             never
             make
             better
             use
             than
             by
             way
             of
             estoppel
             ,
             unless
             he
             meaned
             to
             sacrifice
             his
             own
             right
             as
             a
             thank-offering
             to
             a
             shadow
             ,
             which
             I
             find
             not
             that
             he
             or
             his
             next
             Successors
             ever
             did
             .
             But
             as
             touching
             the
             Laity
             ,
             Histories
             do
             not
             touch
             upon
             any
             conceit
             of
             withdrawing
             Monarchical
             power
             .
             It
             's
             true
             ,
             Kings
             had
             their
             excesses
             ,
             yet
             all
             was
             amended
             either
             by
             the
             body
             of
             the
             people
             ,
             when
             they
             pleased
             to
             examine
             the
             matter
             ,
             or
             by
             the
             Princes
             fair
             compliance
             when
             complaint
             was
             made
             ,
             and
             so
             the
             Law
             was
             saved
             .
             
             And
             thus
             upon
             all
             the
             premises
             I
             shall
             conclude
             ,
             a
             Saxon
             King
             was
             no
             other
             than
             a
             
               primum
               mobile
            
             set
             in
             a
             regular
             motion
             ,
             by
             Laws
             established
             by
             the
             whole
             body
             of
             the
             Kingdom
             .
          
        
         
           
             CHAP
             XVII
             .
             Of
             the
             Saxon
             Nobility
             .
          
           
             THe
             ancient
             Saxon
             Nobility
             in
             Germany
             were
             the
             chiefest
             in
             action
             both
             in
             War
             and
             in
             Peace
             .
             That
             rank
             of
             men
             was
             continued
             by
             three
             means
             ,
             viz.
             by
             Birth
             or
             Blood
             ,
             by
             Valour
             ,
             and
             by
             Wisdom
             .
             The
             first
             was
             rather
             at
             the
             first
             a
             stem
             arising
             out
             of
             the
             first
             two
             ,
             than
             a
             different
             degree
             or
             kind
             :
             for
             Noble
             blood
             was
             at
             the
             first
             enobled
             by
             brave
             actions
             ,
             afterward
             continued
             in
             their
             honour
             to
             their
             Posterity
             ,
             till
             by
             as
             base
             courses
             it
             was
             lost
             ,
             as
             it
             was
             gained
             by
             worthy
             Atchievements
             :
             these
             were
             called
             Adelingi
             .
             The
             Nobility
             of
             Action
             consisted
             either
             in
             matters
             of
             War
             or
             of
             Peace
             .
             Those
             of
             Peace
             arose
             principally
             from
             Wisdom
             ,
             which
             being
             gained
             for
             the
             most
             part
             by
             much
             experience
             ,
             were
             therefore
             called
             Aldermanni
             ,
             or
             elder
             men
             .
             The
             Nobility
             of
             War
             arose
             somewhat
             from
             valour
             or
             courage
             with
             wisdom
             ,
             but
             more
             from
             good
             success
             :
             for
             many
             brave
             and
             fortunate
             Commanders
             have
             not
             been
             very
             daring
             ;
             and
             the
             bravest
             spirits
             ,
             though
             wise
             ,
             
             have
             not
             been
             ever
             honoured
             with
             good
             success
             :
             these
             were
             called
             Heretochii
             .
             
             Nevertheless
             all
             these
             names
             or
             titles
             were
             used
             promiscuously
             in
             following
             times
             ,
             and
             all
             called
             Nobiles
             :
             But
             both
             that
             ,
             and
             
               Duces
               ,
               Satrape
            
             ,
             and
             Comites
             ,
             were
             all
             of
             the
             Roman
             Dialect
             ,
             as
             the
             former
             were
             of
             the
             Saxon.
             Time
             also
             brought
             others
             into
             this
             honourable
             Band
             ,
             viz.
             The
             great
             
               Officers
               of
               the
               Kings
               Houshold
            
             ,
             and
             their
             attests
             are
             found
             amongst
             the
             Kings
             Charters
             ,
             amongst
             the
             Nobles
             ;
             and
             that
             much
             advanced
             the
             price
             of
             Kings
             ;
             for
             he
             that
             is
             worthy
             to
             be
             not
             onely
             Lord
             above
             Nobles
             ,
             but
             Master
             of
             some
             ,
             may
             by
             a
             little
             courtesie
             prevail
             over
             all
             .
             This
             starry
             Heaven
             had
             several
             Orbs
             ;
             some
             so
             high
             ,
             as
             in
             common
             esteem
             they
             were
             next
             the
             Imperial
             Heaven
             ,
             having
             a
             tincture
             of
             Royal
             Blood
             ,
             and
             at
             the
             next
             door
             
             to
             the
             Throne
             :
             
             Others
             ,
             though
             not
             of
             so
             clear
             light
             ,
             had
             nevertheless
             no
             less
             powerful
             influence
             upon
             the
             people
             ,
             but
             rather
             more
             ,
             by
             how
             much
             more
             nigher
             to
             them
             .
             Their
             power
             in
             matters
             of
             Peace
             or
             Government
             of
             the
             Commonwealth
             ,
             was
             exercised
             either
             collectively
             ,
             or
             apart
             and
             severally
             .
             In
             their
             meetings
             they
             ordered
             the
             smaller
             emergencies
             of
             the
             publick
             in
             convocating
             and
             directing
             the
             people
             .
             
               De
               minoribus
               rebus
               consultant
               principes
            
             .
             
             These
             minora
             are
             such
             as
             are
             subservient
             to
             the
             majora
             ,
             and
             
               pro
               hic
               &
               nunc
            
             require
             suddain
             order
             touching
             any
             particular
             part
             or
             member
             of
             the
             Common-wealth
             .
             At
             other
             times
             they
             visited
             their
             several
             Territories
             or
             Circuits
             ,
             hearing
             and
             determining
             matters
             of
             Controversie
             ,
             and
             executing
             Judgment
             according
             to
             the
             known
             Laws
             ,
             
               Principes
               jura
               per
               pagos
               vicosque
               reddunt
            
             ;
             Yet
             they
             had
             Comites
             of
             the
             Country
             joyned
             with
             them
             ,
             whereof
             afterward
             .
             This
             was
             their
             course
             in
             
               German
               Saxony
            
             ;
             
             but
             in
             England
             the
             new
             stem
             of
             Kingly
             power
             ,
             arising
             higher
             than
             all
             the
             rest
             ,
             sucked
             much
             from
             them
             ,
             and
             kept
             them
             under
             :
             for
             the
             
               judiciary
               power
            
             was
             in
             time
             drawn
             up
             into
             the
             Regal
             order
             ,
             and
             the
             Lords
             executed
             the
             same
             as
             Deputies
             from
             and
             under
             him
             ,
             designed
             thereto
             by
             Writs
             and
             Commissions
             ,
             as
             it
             is
             more
             particularly
             noted
             of
             King
             Alfred
             .
             
             The
             Lords
             thus
             lessened
             in
             their
             judiciary
             power
             ,
             carried
             the
             less
             authority
             in
             their
             Votes
             and
             Consultations
             .
             The
             King
             was
             a
             perpetual
             Moderator
             in
             that
             work
             ,
             and
             it
             was
             no
             small
             advantage
             he
             had
             thereby
             to
             sway
             the
             Votes
             .
             Men
             that
             are
             advanced
             ,
             if
             they
             have
             any
             excellency
             ,
             soon
             gain
             admiration
             ;
             and
             it
             's
             a
             hard
             thing
             for
             one
             that
             hath
             yielded
             his
             heart
             to
             admiration
             ,
             to
             keep
             it
             from
             adoration
             .
             This
             hath
             mounted
             up
             Kings
             to
             the
             top
             more
             than
             their
             own
             ambition
             ,
             and
             made
             them
             undertake
             what
             they
             ought
             not
             ,
             because
             we
             esteem
             more
             highly
             of
             them
             than
             we
             ought
             .
             I
             speak
             not
             against
             due
             ,
             but
             undue
             Obedience
             ;
             for
             had
             the
             Saxon
             Lords
             remembred
             themselves
             ,
             and
             the
             true
             nature
             of
             the
             authority
             of
             their
             King
             ,
             they
             needed
             not
             to
             be
             amazed
             at
             their
             check
             ,
             
             nor
             to
             give
             way
             to
             their
             passion
             ,
             as
             they
             did
             many
             times
             ,
             and
             advised
             others
             to
             do
             the
             like
             .
             Nor
             had
             Kings
             by
             degrees
             become
             beyond
             controul
             ,
             and
             uncapable
             to
             be
             advised
             .
             This
             errour
             the
             Lords
             espied
             too
             late
             ,
             and
             sometimes
             would
             remember
             their
             ancient
             right
             and
             power
             ,
             and
             did
             take
             boldness
             to
             set
             a
             Law
             upon
             the
             exorbitancy
             of
             their
             King
             ,
             as
             in
             that
             case
             of
             Aethelwolf
             and
             his
             Queen
             amongst
             others
             may
             appear
             :
             but
             that
             was
             like
             some
             enterprizes
             ,
             
             that
             owe
             more
             to
             extremity
             of
             occasion
             ,
             than
             to
             the
             courage
             of
             the
             undertaker
             .
          
        
         
           
             CHAP.
             XVIII
             .
             Of
             the
             Freemen
             amongst
             the
             Saxons
             .
          
           
             THe
             next
             and
             most
             considerable
             degree
             of
             all
             the
             people
             ,
             is
             that
             of
             the
             Freemen
             ,
             called
             anciently
             Frilingi
             ,
             or
             Free-born
             ,
             or
             such
             as
             are
             born
             free
             from
             all
             yoke
             of
             Arbitrary
             power
             ,
             and
             from
             all
             Law
             of
             compulsion
             ,
             other
             than
             what
             is
             made
             by
             his
             voluntary
             consent
             ;
             for
             all
             Freemen
             have
             votes
             in
             the
             making
             and
             executing
             of
             the
             general
             Laws
             of
             the
             Kingdom
             .
             In
             the
             first
             they
             differed
             from
             the
             Gauls
             ,
             of
             whom
             it
             is
             noted
             ,
             
             that
             the
             Commons
             are
             never
             called
             to
             Council
             ,
             nor
             are
             much
             better
             than
             servants
             .
             In
             the
             second
             they
             differ
             from
             many
             free
             people
             ,
             and
             are
             a
             degree
             more
             excellent
             ,
             being
             adjoyned
             to
             the
             Lords
             in
             judicature
             ,
             
             both
             by
             advice
             and
             power
             ,
             
             
               consilium
               &
               authoritas
               adsunt
            
             :
             And
             therefore
             those
             that
             were
             elected
             to
             that
             work
             were
             called
             
               Comites
               ex
               plebe
            
             ,
             and
             made
             one
             rank
             of
             Freemen
             for
             wisdom
             superiour
             to
             the
             rest
             .
             Another
             degree
             of
             these
             were
             beholding
             to
             their
             Riches
             ,
             and
             were
             called
             
               Custodes
               Pagani
            
             ,
             an
             honourable
             title
             belonging
             to
             Military
             service
             ;
             
             and
             these
             were
             such
             as
             had
             obtained
             an
             estate
             of
             such
             value
             ,
             as
             that
             their
             ordinary
             Arms
             were
             a
             Helmet
             ,
             a
             Coat
             of
             Mail
             ,
             and
             a
             gilt
             Sword.
             The
             rest
             of
             the
             Freemen
             were
             contented
             with
             the
             name
             of
             Ceorles
             or
             Pagani
             ,
             viz.
             
               Rural
               Clowns
            
             ,
             who
             nevertheless
             were
             the
             most
             considerable
             party
             both
             in
             War
             and
             Peace
             ;
             and
             had
             as
             sure
             a
             title
             to
             their
             own
             liberties
             ,
             as
             the
             
               Custodes
               pagani
            
             or
             the
             
               Country
               Gentleman
            
             had
             .
          
        
         
           
             CHAP.
             XIX
             .
             Of
             the
             Villains
             amongst
             the
             Saxons
             .
          
           
             THe
             most
             inferiour
             rank
             amongst
             the
             Saxons
             were
             those
             that
             of
             latter
             times
             were
             called
             Villains
             ;
             but
             those
             also
             antiently
             divided
             into
             two
             degrees
             ,
             the
             chiefer
             of
             which
             were
             called
             
               Free
               lazzi
            
             .
             These
             were
             such
             as
             had
             been
             Slaves
             ,
             but
             had
             purchased
             their
             freedom
             by
             desert
             ;
             and
             though
             they
             had
             escaped
             the
             depth
             of
             bondage
             ,
             yet
             attained
             they
             not
             to
             the
             full
             pitch
             of
             freemen
             ;
             for
             the
             Lord
             might
             acquit
             his
             own
             title
             of
             bondage
             ,
             
             but
             no
             man
             could
             be
             made
             free
             without
             the
             act
             of
             the
             whole
             body
             .
             And
             therefore
             the
             Historian
             saith
             ,
             that
             they
             are
             not
             
               multum
               supra
               servos
            
             ,
             or
             scarce
             not
             servants
             .
             They
             are
             seldom
             of
             account
             in
             any
             Family
             ,
             never
             in
             any
             City
             :
             but
             in
             Kingdoms
             sometimes
             advanced
             above
             the
             Freemen
             ,
             yea
             ,
             above
             Nobles
             .
             Those
             are
             now
             adays
             amongst
             the
             number
             and
             rank
             of
             such
             as
             are
             called
             Copy-holders
             ,
             who
             have
             the
             priviledge
             of
             Protection
             from
             the
             Laws
             ,
             but
             no
             priviledge
             of
             Vote
             in
             the
             making
             of
             Laws
             .
          
           
             The
             most
             inferiour
             of
             all
             ,
             were
             those
             which
             were
             anciently
             called
             Lazzi
             or
             Slaves
             ;
             those
             were
             the
             dregs
             of
             the
             people
             ,
             and
             wholly
             at
             the
             will
             of
             their
             Lord
             ,
             to
             do
             any
             service
             ,
             or
             undergo
             any
             punishment
             .
             
             And
             yet
             the
             magnanimity
             of
             the
             Saxons
             was
             such
             ,
             as
             they
             abhorred
             Tyranny
             :
             and
             it
             was
             rarely
             used
             amongst
             them
             ,
             by
             beating
             ,
             torture
             ,
             imprisonment
             ,
             or
             other
             hard
             usage
             ,
             to
             compel
             them
             to
             serve
             ;
             they
             would
             rather
             kill
             them
             as
             Enemies
             .
             And
             this
             wrought
             Reverence
             in
             these
             men
             towards
             their
             Lords
             ,
             and
             maintained
             a
             kind
             of
             generosity
             in
             their
             mindes
             ,
             that
             they
             did
             many
             brave
             exploits
             ;
             and
             many
             times
             not
             onely
             purchased
             their
             own
             freedom
             ,
             but
             also
             brought
             strength
             and
             honour
             to
             the
             Kingdom
             .
             And
             though
             the
             insolency
             of
             the
             Danes
             much
             quelled
             this
             Saxon
             Nobleness
             ,
             yet
             was
             it
             revived
             again
             by
             the
             Confessors
             Laws
             ,
             which
             ordained
             ,
             
               That
               the
               Lords
               should
               so
               demean
               themselves
               towards
               their
               men
               ,
               that
               they
               neither
               incur
               guilt
               against
               God
               ,
               nor
               offence
               against
               the
               King
            
             ;
             or
             ,
             which
             is
             all
             one
             ,
             
               to
               respect
               them
               as
               Gods
               people
               ,
               and
               the
               Kings
               Subjects
               .
            
             And
             thus
             much
             of
             the
             several
             degrees
             of
             men
             amongst
             the
             Saxons
             ,
             being
             the
             materials
             of
             their
             Commonwealth
             ;
             a
             model
             whereof
             in
             the
             making
             and
             executing
             of
             the
             Laws
             ,
             and
             manner
             thereof
             ,
             now
             next
             ensueth
             .
          
        
         
           
           
             CHAP.
             XX.
             Of
             the
             grand
             Council
             of
             the
             Saxons
             called
             the
             Micklemote
             .
          
           
             IT
             was
             originally
             a
             Council
             of
             the
             Lords
             and
             Freemen
             ;
             afterwards
             ,
             
             when
             they
             assumed
             the
             title
             of
             a
             Kingdom
             ,
             the
             King
             was
             a
             Member
             thereof
             ,
             and
             generally
             President
             therein
             ;
             but
             always
             intended
             to
             be
             present
             ,
             though
             actually
             and
             in
             his
             own
             person
             by
             emergent
             occasions
             he
             may
             be
             absent
             ,
             and
             sometimes
             by
             disability
             of
             his
             person
             he
             be
             unmeet
             to
             vote
             or
             be
             President
             in
             such
             an
             Assembly
             .
             As
             it
             was
             in
             the
             Council
             at
             Clano
             or
             Cleve
             in
             Wiltshire
             ,
             
             when
             the
             great
             case
             between
             the
             Monks
             and
             married
             Priests
             was
             concluded
             ;
             the
             King
             was
             absent
             ,
             as
             the
             story
             saith
             ,
             because
             of
             his
             minority
             ;
             and
             yet
             if
             Writers
             say
             true
             ,
             
             he
             was
             then
             in
             the
             Sixteenth
             year
             of
             his
             age
             .
             The
             Lords
             were
             also
             nevertheless
             in
             the
             same
             condition
             of
             priviledge
             as
             formerly
             ;
             and
             though
             it
             appeareth
             that
             the
             Kings
             had
             gotten
             the
             priviledge
             of
             summoning
             the
             grand
             meeting
             in
             his
             own
             name
             ,
             yet
             it
             was
             by
             advice
             of
             the
             great
             men
             ;
             and
             being
             met
             ,
             their
             Votes
             were
             no
             other
             in
             value
             than
             as
             formerly
             :
             for
             all
             their
             Laws
             were
             
               ex
               consilio
               sapientum
            
             ,
             and
             (
             for
             ought
             can
             appear
             out
             of
             antiquity
             )
             the
             vote
             of
             the
             meanest
             continued
             as
             good
             as
             of
             the
             greatest
             ,
             
               arbitrium
               est
               penes
               plebem
            
             .
             
             And
             thus
             the
             Micklemote
             or
             Wittagenmote
             of
             the
             Saxons
             in
             England
             ,
             continued
             in
             the
             
               King
               ,
               Lords
            
             ,
             and
             Freemen
             ,
             by
             the
             space
             of
             One
             hundred
             and
             fifty
             years
             ,
             and
             in
             some
             parts
             of
             England
             nigh
             Two
             hundred
             years
             before
             ever
             the
             Roman
             Bishops
             foot
             entred
             ,
             or
             the
             
             Roman-Clergy
             crept
             into
             the
             Councils
             of
             State.
             Afterwards
             the
             Prelates
             were
             admitted
             
               de
               bene
               esse
            
             ,
             for
             advice
             ,
             as
             sapientes
             ,
             and
             continued
             by
             allowance
             ;
             how
             canonically
             ,
             
               ipsi
               viderint
            
             ,
             for
             I
             understand
             it
             not
             (
             especially
             as
             the
             Scripture
             was
             then
             expounded
             )
             
               Nemo
               militans
               Deo
               implicet
               negotiis
               saecularibus
               :
            
             yet
             if
             they
             be
             allowed
             (
             what
             in
             those
             days
             they
             ordinarily
             took
             up
             )
             a
             degree
             of
             policy
             above
             devotion
             ,
             that
             knot
             is
             also
             soon
             untied
             .
             I
             say
             ,
             they
             entred
             as
             Sapientes
             ,
             not
             as
             Prelati
             ,
             or
             Church-governours
             ;
             for
             then
             they
             had
             holden
             the
             same
             power
             in
             Church-matters
             agitated
             in
             the
             Wittagenmote
             ,
             that
             they
             had
             usurped
             in
             their
             Synods
             which
             they
             held
             onely
             for
             Church-visitation
             ;
             which
             they
             could
             never
             have
             ,
             because
             the
             
               Sapientes
               Regni
            
             had
             their
             votes
             therein
             as
             freely
             as
             they
             .
             Nor
             could
             the
             Prelates
             by
             any
             Law
             entitle
             themselves
             to
             such
             power
             or
             priviledge
             ,
             so
             contrary
             to
             the
             priviledge
             of
             the
             Wittagenmote
             .
             For
             though
             it
             be
             true
             ,
             that
             the
             German
             Priests
             had
             a
             liberty
             to
             be
             present
             in
             these
             grand
             Assemblies
             ,
             and
             to
             have
             some
             presidency
             therein
             ,
             as
             to
             command
             silence
             ,
             &c.
             yet
             it
             is
             not
             title
             to
             these
             ,
             
             unless
             they
             will
             interest
             themselves
             as
             their
             Successors
             ,
             to
             possess
             by
             a
             
               jus
               Divinum
            
             that
             
               jus
               Diabolicum
            
             (
             which
             those
             Priests
             formerly
             had
             )
             in
             a
             way
             of
             immediate
             providence
             ;
             somewhat
             like
             the
             possession
             of
             the
             Mantle
             of
             Eliah
             found
             by
             Elishah
             .
             They
             might
             ,
             I
             grant
             ,
             plead
             the
             title
             from
             Kings
             ;
             but
             ,
             it
             must
             be
             granted
             also
             ,
             that
             Kings
             as
             yet
             had
             no
             more
             power
             over
             the
             Church
             than
             in
             the
             Commonwealth
             .
             Nor
             could
             they
             have
             that
             from
             the
             Lords
             ,
             which
             the
             Lords
             never
             had
             ,
             but
             was
             ever
             accounted
             amongst
             the
             majora
             ,
             and
             of
             which
             the
             Wittagenmote
             had
             the
             only
             cognizance
             ,
             as
             it
             will
             appear
             in
             some
             particulars
             ensuing
             .
          
           
             Unto
             the
             King
             ,
             Lords
             ,
             and
             Clergy
             ,
             must
             be
             added
             ,
             as
             I
             said
             ,
             the
             Freemen
             ,
             to
             make
             up
             the
             Micklemote
             compleat
             ;
             and
             though
             it
             be
             true
             that
             no
             monument
             of
             story
             speaks
             of
             this
             grand
             meeting
             from
             their
             being
             in
             Germany
             ,
             
             until
             after
             the
             coming
             of
             Austin
             ;
             yet
             whenas
             the
             Saxon
             Histories
             then
             find
             them
             in
             the
             same
             condition
             that
             the
             German
             story
             leaves
             them
             ,
             it
             is
             very
             probable
             that
             in
             the
             interval
             they
             continued
             their
             wonted
             custom
             ,
             although
             they
             had
             no
             Learning
             to
             leave
             monuments
             thereof
             unto
             the
             world
             ,
             And
             hereof
             the
             examples
             are
             not
             rare
             ,
             in
             those
             remembrances
             that
             those
             ancient
             times
             have
             left
             us
             .
             For
             within
             six
             years
             after
             Austins
             arrival
             ,
             
             Aethelbert
             calls
             a
             Common-Council
             
               tam
               cleri
               quam
               populi
               .
               Ina
            
             after
             him
             made
             Laws
             
               suasu
               &
               instituto
               Episcoporum
               ,
               omnium
               senatorum
               ,
               &
               natu
               majorum
               sapientum
               populi
               ;
               in
               magna
               servorum
               Dei
               frequentia
               .
            
             
             Alfred
             after
             him
             reformed
             the
             former
             Laws
             
               consulto
               sapientum
            
             .
             
             After
             him
             Aethelstan
             called
             a
             Council
             ,
             
             in
             which
             was
             the
             Archbishop
             ,
             and
             with
             him
             the
             
               Optimates
               &
               sapientes
               frequentissimi
            
             ,
             besides
             others
             ,
             whereof
             I
             shall
             treat
             now
             that
             I
             come
             to
             the
             matters
             handled
             in
             this
             Court.
             
          
           
             The
             matters
             in
             agitation
             in
             the
             Wittagenmote
             generally
             ,
             were
             all
             both
             of
             publick
             and
             private
             concernment
             .
             That
             which
             concerned
             the
             publick
             ,
             were
             such
             as
             regarded
             removal
             of
             inconveniencies
             ,
             such
             as
             are
             Laws
             for
             Leagues
             and
             Affinity
             with
             other
             Nations
             for
             preventing
             of
             War.
             And
             thus
             became
             the
             Saxons
             and
             Britons
             united
             ,
             and
             the
             mortal
             feud
             between
             those
             two
             Nations
             laid
             aside
             ,
             
             and
             they
             made
             one
             :
             And
             the
             Saxons
             and
             Danes
             reconciled
             ,
             
             by
             a
             Covenant
             agreed
             unto
             ,
             and
             sworn
             between
             both
             Nations
             .
             The
             like
             also
             may
             be
             said
             of
             their
             making
             of
             War
             of
             defence
             against
             Forrain
             Invasion
             .
             Matters
             of
             publick
             and
             general
             charge
             also
             were
             debated
             and
             concluded
             in
             that
             Assembly
             ,
             
             as
             the
             payment
             of
             Tithes
             ,
             it
             is
             said
             they
             were
             granted
             
               Rege
               ,
               Baronibus
               ,
               &
               Populo
               .
            
             Such
             also
             as
             concerned
             the
             Church
             ;
             for
             so
             Edwin
             the
             King
             of
             Northumberland
             ,
             upon
             his
             marriage
             with
             a
             Christian
             Lady
             ,
             being
             importuned
             to
             renounce
             his
             Paganism
             ,
             answered
             ,
             he
             would
             so
             do
             ,
             
             if
             that
             his
             Queens
             Religion
             should
             be
             accounted
             more
             holy
             and
             honourable
             to
             God
             by
             the
             
               wise
               men
            
             ,
             and
             
               Princes
               of
               his
               Kingdom
            
             .
             And
             all
             the
             Church-Laws
             in
             the
             Saxons
             time
             were
             made
             in
             the
             Micklemote
             .
             
             Monasteries
             were
             by
             their
             general
             consent
             dedicated
             ,
             
             and
             their
             Possessions
             confirmed
             .
             The
             City
             of
             Canterbury
             made
             the
             Metropolitan
             .
             Matters
             also
             of
             private
             regard
             were
             there
             proceeded
             upon
             ,
             as
             not
             onely
             general
             grievances
             ,
             but
             perverting
             of
             Justice
             in
             case
             of
             private
             persons
             :
             as
             in
             that
             Council
             called
             
               Synodale
               concilium
            
             under
             Beornulfus
             the
             Mercian
             King
             ,
             
             
               quaesitum
               est
               quomodo
               quis
               cum
               justitia
               sit
               tractat●●
               ,
               seu
               quis
               injuste
               sit
               spoliatus
               .
            
             The
             name
             of
             which
             Council
             called
             Synodal
             ,
             mindeth
             me
             to
             intimate
             that
             which
             I
             have
             often
             endeavoured
             to
             find
             out
             ,
             but
             yet
             cannot
             ,
             viz.
             that
             there
             was
             any
             difference
             between
             the
             
               general
               Synods
            
             and
             the
             Wittagenmote
             ,
             unless
             merely
             in
             the
             first
             occasion
             of
             the
             summons
             .
             And
             if
             there
             be
             any
             credit
             to
             be
             allowed
             to
             that
             book
             called
             ,
             
               The
               Mirrour
               of
               Justices
            
             ,
             
             it
             tells
             us
             ,
             that
             this
             Grand
             Assembly
             is
             to
             confer
             of
             the
             Government
             of
             Gods
             people
             ,
             how
             they
             may
             be
             kept
             from
             sin
             ,
             live
             in
             quiet
             ,
             and
             have
             right
             done
             them
             ,
             according
             to
             the
             Customs
             and
             Laws
             ;
             and
             more
             especially
             of
             wrong
             done
             by
             the
             King
             ,
             Queen
             ,
             or
             their
             Children
             ;
             
             for
             that
             the
             King
             may
             not
             by
             himself
             or
             Justices
             determine
             Causes
             wherein
             himself
             is
             actor
             .
             And
             to
             sum
             up
             all
             ,
             
             it
             seemeth
             a
             Court
             made
             to
             rise
             and
             stoop
             according
             to
             occasion
             .
          
           
             The
             manner
             of
             debate
             was
             concluded
             by
             Vote
             ,
             and
             the
             sum
             taken
             in
             the
             gross
             by
             noise
             ;
             like
             to
             the
             Lacedemonians
             ,
             
             who
             determined
             what
             was
             propounded
             
               clamore
               non
               calculis
            
             ;
             yet
             when
             the
             noise
             was
             doubtful
             ,
             
             they
             took
             the
             votes
             severally
             .
             The
             meeting
             of
             the
             Saxons
             at
             this
             Assembly
             in
             the
             first
             times
             was
             certain
             ,
             viz.
             at
             the
             new
             and
             full
             Moon
             .
             
             But
             Religion
             
             changing
             ,
             other
             things
             changed
             these
             times
             to
             the
             Feasts
             of
             
               Easter
               ,
               Pentecost
            
             ,
             and
             the
             Nativity
             ;
             at
             which
             times
             they
             used
             to
             present
             themselves
             before
             the
             King
             at
             his
             Court
             ,
             for
             the
             honour
             of
             his
             person
             ,
             and
             to
             consult
             and
             provide
             for
             the
             affairs
             of
             his
             Kingdom
             ;
             and
             at
             such
             times
             Kings
             used
             to
             make
             shew
             of
             themselves
             in
             their
             greatest
             pomp
             ,
             crowned
             with
             their
             Royal
             Crown
             .
             
             This
             custom
             continued
             till
             the
             times
             of
             Henry
             the
             second
             ,
             who
             at
             Worcester
             upon
             the
             day
             of
             the
             Nativity
             offered
             his
             Crown
             upon
             the
             Altar
             ,
             and
             so
             the
             Ceremony
             ceased
             .
          
           
             This
             grand
             Assembly
             thus
             constituted
             was
             ,
             holden
             sacred
             ;
             and
             all
             the
             Members
             ,
             or
             that
             had
             occasion
             therein
             ,
             were
             under
             the
             
               Publick
               faith
            
             both
             in
             going
             and
             coming
             ,
             unless
             the
             party
             were
             
               fur
               probatus
            
             .
             If
             a
             Member
             were
             wronged
             ,
             the
             Delinquent
             payed
             double
             damages
             ,
             and
             fine
             to
             the
             King
             ,
             
             by
             a
             Law
             made
             by
             Ethelbert
             above
             a
             Thousand
             years
             ago
             .
             This
             priviledge
             of
             
               Safe
               pass
            
             being
             thus
             ancient
             and
             fundamental
             ,
             and
             not
             by
             any
             Law
             taken
             away
             ,
             
             resteth
             still
             in
             force
             .
             But
             how
             far
             it
             belongeth
             to
             such
             as
             are
             no
             Members
             ,
             
             and
             have
             affairs
             nevertheless
             depending
             on
             that
             Court
             ,
             I
             am
             not
             able
             to
             determine
             ;
             yet
             it
             seemeth
             that
             Priviledge
             outreacheth
             Members
             :
             unless
             we
             should
             conceit
             so
             wide
             ,
             that
             the
             State
             did
             suppose
             that
             a
             Member
             might
             be
             a
             notorious
             and
             known
             Thief
             .
          
           
             Lastly
             ,
             this
             Assembly
             ,
             though
             it
             were
             called
             the
             Wittagenmote
             ,
             or
             the
             meeting
             of
             
               wise
               men
            
             ,
             yet
             all
             that
             would
             come
             might
             be
             present
             ,
             and
             interpose
             their
             liking
             or
             disliking
             of
             the
             Proposition
             ,
             
               si
               displicuit
               sententia
               fremitu
               aspernatur
               ,
               si
               placuit
               frameas
               concutiunt
               .
            
             And
             some
             hints
             I
             meet
             with
             ,
             that
             this
             course
             continued
             here
             in
             England
             :
             for
             some
             Presidents
             run
             ,
             in
             
               magna
               servorum
               Dei
               frequentia
            
             ;
             
             and
             that
             of
             
               Ina
               ,
               commune
               concilium
               seniorum
               ,
               &
               populorum
               totius
               Regni
               ,
            
             
             in
             another
             Council
             by
             him
             holden
             .
             The
             Council
             of
             Winton
             ,
             
             An
             855.
             is
             said
             to
             be
             in
             the
             presence
             of
             the
             great
             men
             ,
             
               aliorumque
               fidelium
               infinita
               multitudine
            
             :
             and
             it
             will
             appear
             that
             it
             continued
             thus
             after
             the
             Norman
             times
             .
             What
             power
             the
             vulgar
             had
             to
             controul
             the
             Vote
             of
             the
             
               wise
               men
            
             ,
             I
             find
             not
             ;
             
               fremitu
               aspernabantur
            
             ,
             it
             is
             said
             ,
             and
             probably
             it
             was
             a
             touch
             of
             the
             rudeness
             of
             those
             times
             ;
             for
             it
             was
             not
             from
             any
             positive
             Law
             of
             the
             Nation
             ,
             but
             a
             fundamental
             Law
             in
             Nature
             ,
             that
             
               wise
               men
            
             should
             make
             Laws
             ;
             and
             that
             the
             supream
             Judicature
             should
             rest
             in
             the
             Wittagenmote
             ,
             was
             never
             an
             honour
             bestowed
             upon
             it
             by
             the
             Saxons
             ,
             but
             an
             endowment
             from
             the
             light
             of
             Reason
             ;
             which
             can
             never
             be
             taken
             away
             from
             them
             by
             that
             headless
             conceit
             
               provoco
               ad
               populum
            
             ,
             but
             that
             Body
             must
             be
             as
             monstrous
             as
             the
             Anthropophagi
             ,
             whose
             heads
             are
             too
             nigh
             their
             belly
             to
             be
             wise
             .
          
        
         
           
             CHAP.
             XXI
             .
             Of
             the
             Council
             of
             Lords
             .
          
           
             THis
             in
             the
             first
             condition
             was
             a
             meeting
             onely
             of
             the
             Lords
             ,
             for
             direction
             in
             emergent
             cases
             ,
             concerning
             the
             government
             and
             good
             of
             the
             Commonwealth
             ,
             and
             for
             the
             promoting
             of
             administration
             of
             Justice
             ;
             these
             the
             Historian
             calls
             Minora
             ,
             because
             they
             were
             to
             serve
             onely
             the
             present
             passions
             of
             State.
             Afterwards
             ,
             when
             they
             had
             gotten
             a
             King
             into
             their
             number
             ,
             they
             had
             so
             much
             the
             more
             work
             as
             might
             concern
             due
             correspondency
             between
             him
             and
             the
             people
             ,
             and
             of
             themselves
             towards
             both
             .
             This
             work
             was
             not
             small
             ,
             especially
             in
             those
             times
             of
             the
             growth
             of
             
             Kings
             ,
             but
             much
             greater
             by
             the
             access
             of
             Prelates
             into
             their
             number
             ;
             with
             whom
             came
             also
             a
             glut
             of
             Church-affairs
             ,
             that
             continually
             increased
             according
             as
             the
             Prelates
             ambition
             swelled
             ;
             so
             as
             this
             Council
             might
             seem
             to
             rule
             the
             Church
             alone
             in
             those
             days
             ,
             whenas
             few
             motions
             that
             any
             way
             concerned
             Church-men
             ,
             but
             were
             resolved
             into
             the
             
               Prelatical
               cognizance
            
             ,
             as
             the
             
               minora
               Ecclesiae
            
             .
             And
             thus
             under
             the
             colour
             of
             the
             
               minora
               Ecclesiae
            
             ,
             and
             the
             
               minora
               Reipublicae
            
             ,
             
             this
             mixt
             Council
             of
             Lords
             came
             by
             degrees
             to
             intermeddle
             too
             far
             in
             the
             
               magnalia
               Regni
            
             .
             
             For
             by
             this
             means
             the
             worshipping
             of
             Images
             and
             the
             Mass
             was
             obtruded
             upon
             the
             Saxons
             by
             the
             Roman
             Bishop
             and
             his
             Legate
             ,
             
             and
             the
             Archbishop
             of
             Canterbury
             ;
             
             and
             decreed
             ,
             
               That
               no
               Temporal
               or
               Lay-person
               shall
               possess
               any
               Ecclesiastical
               possessions
               .
               That
               elections
               of
               Ecclesiastical
               persons
               and
               Officers
               shall
               be
               by
               Bishops
               .
               That
               the
               possessions
               of
               Church
               men
               shall
               be
               free
               from
               all
               Lay-service
               and
               Taxes
               .
            
             And
             in
             one
             sum
             ,
             they
             did
             any
             thing
             that
             bound
             not
             the
             whole
             body
             of
             the
             Freemen
             .
             In
             which
             had
             these
             Lords
             reflected
             more
             upon
             the
             office
             ,
             and
             less
             upon
             the
             person
             ,
             and
             not
             at
             all
             upon
             their
             private
             interest
             ,
             they
             doubtless
             had
             been
             a
             blessing
             to
             their
             Generations
             ,
             and
             a
             Golden
             Scepter
             in
             the
             hand
             of
             a
             righteous
             King
             :
             But
             contrarily
             missing
             their
             way
             ,
             they
             became
             a
             Sword
             in
             the
             Kings
             hand
             against
             the
             Subjects
             ,
             a
             snare
             to
             the
             Kingdom
             ;
             and
             ,
             had
             not
             the
             Wittagenmote
             in
             their
             meeting
             allayed
             those
             distempers
             ,
             the
             
             Saxon-government
             had
             been
             little
             other
             than
             a
             Commonwealth
             reversed
             .
          
        
         
           
             CHAP.
             XXII
             .
             Of
             the
             manner
             of
             the
             Saxons
             Government
             in
             time
             of
             War.
             
          
           
             AS
             the
             condition
             of
             States
             or
             Kingdoms
             are
             diversly
             considered
             in
             War
             and
             Peace
             ,
             so
             also
             must
             their
             Government
             be
             :
             For
             however
             War
             in
             it self
             be
             but
             a
             feaverish
             Distemper
             in
             a
             Commonwealth
             ,
             yet
             in
             some
             cases
             it
             is
             as
             necessary
             ,
             as
             a
             kindly
             Ague
             in
             due
             season
             is
             for
             the
             preservation
             of
             the
             Body
             ;
             which
             many
             times
             takes
             distemper
             rather
             from
             the
             excellency
             of
             its
             constitution
             ,
             than
             from
             the
             abundance
             of
             humours
             .
             Nor
             did
             the
             temper
             of
             the
             Saxon
             Commonwealth
             ever
             shine
             more
             than
             in
             War
             ,
             while
             it
             set
             a
             Law
             upon
             that
             which
             ordinarily
             is
             master
             of
             all
             mis-rule
             and
             confusion
             ,
             and
             so
             fought
             by
             rule
             rather
             than
             by
             passion
             .
             
             Their
             Chief
             in
             the
             first
             times
             was
             chosen
             by
             the
             Freemen
             in
             the
             Field
             ,
             
             either
             at
             the
             Wittagenmote
             or
             the
             Folkmote
             ,
             according
             to
             the
             extent
             of
             his
             command
             ;
             being
             carried
             upon
             a
             Shield
             born
             upon
             their
             shoulders
             ,
             like
             as
             now
             Knights
             of
             the
             Shire
             are
             .
             This
             Emblem
             they
             entertained
             him
             with
             ,
             to
             declare
             their
             trust
             in
             him
             ,
             and
             the
             work
             that
             was
             expected
             from
             him
             .
             His
             first
             title
             was
             Heretock
             ,
             afterwards
             he
             was
             called
             Duke
             or
             Dux
             ;
             the
             latter
             whereof
             turned
             to
             a
             bare
             Title
             in
             the
             conclusion
             ,
             but
             the
             former
             maintained
             its
             own
             honour
             so
             long
             as
             the
             name
             lasted
             .
             
             After
             his
             election
             ,
             all
             sware
             to
             be
             at
             his
             order
             ,
             and
             not
             to
             forsake
             him
             .
             This
             was
             a
             trick
             of
             imbased
             times
             :
             for
             though
             the
             Lacedemonian
             Law
             was
             positive
             ,
             that
             
               none
               should
               flie
               or
               break
               his
               Rank
               ,
               but
               get
               the
               Victory
               or
               die
            
             ;
             yet
             were
             they
             neither
             bound
             by
             Oath
             or
             Penalty
             ,
             shame
             in
             those
             times
             being
             accounted
             worse
             than
             death
             by
             those
             brave
             minds
             .
             But
             times
             growing
             more
             old
             ,
             grew
             also
             more
             base-spirited
             ,
             and
             men
             could
             not
             be
             (
             drawn
             into
             the
             field
             )
             holden
             in
             Rank
             by
             Oaths
             or
             Honour
             ;
             and
             this
             occasioned
             
             that
             Law
             of
             Ina
             the
             Saxon
             King
             ,
             
             that
             in
             such
             case
             a
             Country-Gentleman
             should
             be
             fined
             One
             hundred
             and
             twenty
             shillings
             if
             he
             were
             landed
             ;
             but
             if
             otherwise
             ,
             
             Sixty
             shillings
             ,
             and
             the
             Yeoman
             Thirty
             shillings
             ;
             and
             afterwards
             the
             penalty
             was
             increased
             to
             the
             forfeiture
             of
             all
             the
             estate
             of
             the
             Delinquent
             .
             
             In
             their
             Wars
             they
             went
             forth
             by
             bodies
             collectively
             ,
             as
             they
             were
             united
             by
             the
             law
             of
             pledges
             ;
             this
             made
             them
             stick
             close
             together
             for
             the
             honour
             of
             their
             Families
             and
             Friends
             ,
             and
             rendered
             their
             encounters
             mortal
             ,
             
             and
             to
             the
             worsted
             party
             commonly
             fatal
             :
             for
             once
             beaten
             in
             the
             field
             ,
             they
             could
             hardly
             recover
             either
             by
             rallying
             or
             gathering
             a
             new
             Army
             .
             Probable
             it
             is
             that
             the
             Lords
             might
             have
             their
             Villains
             to
             follow
             them
             in
             the
             Battle
             ,
             but
             the
             strength
             consisted
             of
             the
             Freemen
             ;
             and
             though
             many
             were
             bound
             by
             tenure
             to
             follow
             their
             Lords
             to
             the
             Wars
             ,
             and
             many
             were
             Voluntiers
             ,
             yet
             it
             seems
             all
             were
             bound
             upon
             call
             under
             peril
             of
             Fine
             ,
             
             and
             were
             bound
             to
             keep
             Arms
             for
             the
             preservation
             of
             the
             Kingdom
             ,
             their
             Lords
             ,
             and
             their
             own
             persons
             ;
             and
             these
             they
             might
             neither
             pawn
             nor
             sell
             ,
             but
             leave
             them
             to
             descend
             to
             their
             Heirs
             ,
             and
             in
             default
             of
             them
             ,
             to
             their
             Lord
             ,
             and
             in
             default
             of
             him
             ,
             to
             their
             chief
             pledge
             ,
             and
             for
             want
             of
             such
             to
             the
             King.
             They
             mustered
             their
             Arms
             once
             every
             year
             both
             in
             Towns
             and
             Hundreds
             ,
             viz.
             the
             morrow
             after
             Candlemas
             ;
             and
             such
             whose
             bodies
             were
             unfit
             for
             service
             ,
             were
             to
             find
             sufficient
             men
             for
             service
             in
             their
             stead
             .
             
             They
             were
             strict
             in
             their
             Discipline
             ,
             if
             they
             followed
             their
             rule
             ,
             which
             was
             made
             not
             by
             the
             arbitry
             of
             the
             General
             ,
             but
             by
             Parliament
             .
             These
             ,
             amongst
             other
             scattered
             principles
             concerning
             Sea-affairs
             ,
             may
             serve
             to
             let
             us
             know
             that
             the
             Law-martial
             ,
             and
             that
             of
             the
             Sea
             ,
             were
             branches
             of
             the
             positive
             Laws
             of
             the
             Kingdom
             ,
             setled
             by
             the
             general
             Vote
             in
             the
             Wittagenmote
             ,
             and
             not
             left
             to
             the
             will
             of
             a
             lawless
             General
             or
             Commander
             ;
             so
             tender
             and
             uniform
             were
             those
             times
             both
             in
             their
             Laws
             and
             Liberties
             .
          
        
         
           
             CHAP.
             XXIII
             .
             Of
             the
             Government
             of
             the
             Saxon
             Kingdom
             in
             times
             of
             peace
             ;
             and
             first
             of
             the
             division
             of
             the
             Kingdom
             into
             Shires
             ,
             and
             their
             Officers
             .
          
           
             IF
             the
             Saxon
             Government
             was
             regular
             in
             time
             of
             War
             ,
             how
             much
             rather
             in
             time
             of
             peace
             !
             All
             great
             works
             are
             done
             by
             parcels
             and
             degrees
             ;
             and
             it
             was
             the
             Saxons
             ancient
             way
             in
             Germany
             ,
             to
             divide
             their
             Territory
             into
             several
             Circuits
             or
             Circles
             ,
             and
             to
             assign
             to
             each
             their
             several
             Magistrates
             ,
             all
             of
             them
             ruled
             by
             one
             Law
             ;
             like
             one
             soul
             working
             in
             several
             Members
             to
             one
             common
             good
             .
             Thus
             they
             did
             here
             in
             England
             ,
             having
             found
             the
             Land
             already
             divided
             into
             several
             parts
             called
             Comitatus
             ,
             or
             Counties
             ,
             from
             the
             word
             Comes
             ,
             that
             signifies
             a
             Companion
             ;
             and
             the
             Counties
             thence
             called
             ,
             are
             nothing
             but
             Societies
             or
             Associations
             in
             publick
             charge
             and
             service
             .
             But
             the
             Saxon
             word
             is
             Shire
             or
             Share
             ,
             that
             is
             ,
             a
             portion
             or
             precinct
             of
             ground
             belonging
             to
             this
             or
             that
             person
             ,
             or
             great
             Town
             ,
             and
             bearing
             the
             name
             of
             that
             person
             or
             Town
             ;
             and
             sometimes
             of
             the
             scituation
             of
             the
             people
             ,
             as
             North
             or
             
               South
               folk
               ,
               East
            
             or
             
               South
               Sex
            
             or
             Saxons
             .
             
             This
             division
             by
             the
             names
             seems
             to
             be
             of
             Saxon
             original
             ;
             and
             though
             by
             the
             testimony
             of
             Ingulfus
             and
             other
             Writers
             ,
             it
             might
             seem
             to
             be
             done
             by
             Alfred
             ;
             yet
             it
             will
             appear
             to
             be
             more
             ancient
             ,
             if
             the
             Reader
             
             mind
             the
             grant
             of
             
             Peter-pence
             made
             by
             King
             Offa
             ,
             wherein
             is
             recorded
             the
             several
             Diocesses
             and
             Shires
             out
             of
             which
             that
             grant
             was
             made
             ,
             under
             the
             very
             same
             names
             that
             they
             own
             at
             this
             day
             ;
             
             and
             that
             was
             more
             ancient
             than
             Alfreds
             time
             by
             the
             space
             of
             eighty
             years
             .
          
           
             Each
             of
             these
             Shires
             or
             Counties
             had
             their
             two
             chief
             Governours
             for
             distributive
             justice
             ;
             of
             these
             the
             Sheriff
             was
             more
             ancient
             and
             worthy
             Officer
             ,
             being
             the
             Lieutenant
             ,
             
             and
             aided
             by
             the
             
               power
               of
               the
               County
            
             in
             certain
             cases
             ;
             for
             his
             Commission
             extended
             not
             to
             leavy
             War
             ,
             but
             to
             maintain
             Justice
             in
             that
             County
             ,
             and
             within
             the
             same
             ;
             and
             in
             this
             work
             ,
             he
             was
             partly
             ministerial
             ,
             and
             partly
             judicial
             :
             in
             the
             one
             he
             was
             the
             Kings
             Servant
             to
             execute
             his
             Writs
             ;
             in
             the
             other
             he
             regulated
             the
             Courts
             of
             Justice
             under
             his
             Survey
             .
             
             He
             was
             chosen
             in
             the
             County-Court
             called
             the
             Folkmote
             ,
             by
             the
             Votes
             of
             the
             Freeholders
             ;
             and
             as
             the
             King
             himself
             ,
             and
             the
             Heretock
             ,
             were
             intituled
             to
             their
             honour
             by
             the
             
               peoples
               favour
            
             .
          
           
             The
             Coroner
             ,
             though
             in
             original
             later
             ,
             
             was
             nevertheless
             very
             ancient
             :
             he
             was
             the
             more
             Servant
             or
             Officer
             to
             the
             King
             ,
             of
             the
             two
             .
             His
             work
             was
             to
             enquire
             upon
             view
             of
             Manslaughter
             ,
             and
             by
             Indictment
             of
             all
             Felonies
             as
             done
             
               contra
               Coronam
            
             ,
             
             which
             formerly
             were
             only
             
               contra
               Pacem
            
             ,
             and
             triable
             only
             by
             appeal
             .
             And
             also
             he
             was
             to
             enquire
             of
             all
             Escheats
             and
             Forfeitures
             ,
             and
             them
             to
             seize
             .
             He
             was
             also
             to
             receive
             appeals
             of
             Felonies
             ,
             and
             to
             keep
             the
             rolls
             of
             the
             Crown-pleas
             within
             the
             County
             .
             It
             's
             evident
             he
             was
             an
             Officer
             in
             Alfreds
             time
             ;
             
             for
             that
             King
             put
             a
             Judge
             to
             death
             ,
             for
             sentencing
             one
             to
             suffer
             death
             upon
             the
             Coroners
             record
             ,
             without
             allowing
             the
             Delinquent
             liberty
             of
             Traverse
             .
             This
             Officer
             also
             was
             made
             by
             election
             of
             the
             Freeholders
             in
             their
             County-Court
             ,
             
             as
             the
             Sheriff
             was
             ,
             and
             from
             amongst
             the
             men
             of
             chiefest
             rank
             in
             the
             County
             ,
             and
             sworn
             in
             their
             presence
             ;
             but
             the
             Kings
             Writ
             led
             the
             work
             .
          
        
         
           
             CHAP.
             XXIV
             .
             Of
             the
             County-Court
             ,
             and
             the
             Sheriffs
             Torne
             .
          
           
             THE
             Government
             of
             the
             County
             in
             times
             of
             peace
             ,
             consisted
             much
             in
             the
             administration
             of
             Justice
             ,
             which
             was
             done
             in
             the
             publick
             meetings
             of
             the
             Freeholders
             ;
             and
             their
             meetings
             were
             either
             in
             one
             place
             ,
             or
             in
             several
             parts
             of
             the
             County
             :
             in
             each
             of
             which
             the
             Sheriff
             had
             the
             managing
             of
             the
             acts
             done
             there
             .
             
             The
             meeting
             of
             the
             Free-men
             in
             one
             place
             was
             called
             the
             Folkmote
             by
             the
             Saxons
             (
             saving
             the
             judgment
             of
             the
             honourable
             Reporter
             ,
             
               Coke
               Instit.
               2.
               p.
            
             69.
             )
             and
             of
             latter
             times
             the
             County-Court
             :
             the
             work
             wherein
             ,
             was
             partly
             for
             consultation
             and
             direction
             concerning
             the
             ordering
             of
             the
             County
             ,
             for
             the
             safety
             and
             peace
             thereof
             ;
             such
             as
             were
             redress
             of
             Grievances
             ,
             election
             of
             Officers
             ,
             prevention
             of
             dangers
             ,
             &c.
             and
             partly
             it
             was
             judicial
             ,
             
             in
             hearing
             and
             determining
             the
             common
             Pleas
             of
             the
             County
             ,
             the
             Church-affairs
             ,
             and
             some
             trespasses
             done
             therein
             ;
             but
             not
             matters
             criminal
             ,
             for
             the
             Bishop
             was
             Judge
             therein
             ,
             together
             with
             the
             Sheriff
             ;
             and
             by
             the
             Canon
             he
             was
             not
             to
             intermeddle
             in
             matters
             of
             Blood
             :
             yet
             neither
             was
             the
             Bishops
             nor
             Sheriffs
             work
             in
             that
             Court
             ,
             other
             than
             directory
             or
             declaratory
             ;
             for
             the
             Free-men
             were
             Judges
             of
             the
             act
             ,
             and
             the
             other
             did
             but
             
               edocere
               jura
               populo
            
             ;
             
             yet
             in
             special
             cases
             upon
             petition
             ,
             a
             Commission
             issued
             forth
             from
             the
             King
             to
             certain
             Judges
             of
             Oier
             ,
             
             to
             joyn
             with
             the
             others
             in
             the
             hearing
             and
             determining
             of
             such
             particular
             cases
             .
             But
             in
             case
             of
             injustice
             or
             errour
             ,
             the
             party
             grieved
             had
             
             liberty
             of
             appeal
             to
             the
             Kings
             Justice
             .
             
             Nor
             did
             the
             Common
             Pleas
             originally
             commence
             in
             the
             County-Court
             ,
             unless
             the
             parties
             dwelt
             in
             several
             Liberties
             or
             Hundreds
             in
             the
             same
             County
             ;
             and
             in
             case
             any
             mistake
             were
             in
             the
             commencing
             of
             Suits
             in
             that
             Court
             ,
             which
             ought
             not
             to
             be
             ,
             upon
             complaint
             ,
             the
             Kings
             Writ
             reduced
             it
             to
             its
             proper
             place
             ;
             and
             in
             this
             also
             the
             Kings
             own
             Court
             had
             no
             preheminence
             .
             In
             those
             ancient
             times
             this
             County-Court
             was
             to
             be
             holden
             but
             twice
             a
             year
             ,
             
             by
             the
             constitution
             of
             King
             Edgar
             ,
             but
             upon
             urgent
             emergencies
             oftner
             ;
             and
             that
             either
             by
             the
             Kings
             special
             Writ
             ,
             or
             if
             the
             emergent
             occasions
             were
             sudden
             and
             important
             ,
             by
             extraordinary
             summons
             of
             ringing
             the
             Moot-bels
             .
             Unto
             this
             Court
             all
             the
             Free-men
             of
             the
             County
             assembled
             to
             learn
             the
             Law
             ,
             to
             administer
             Justice
             ,
             
             to
             provide
             remedy
             for
             publick
             inconvenience
             ,
             and
             to
             do
             their
             fealty
             to
             the
             King
             before
             the
             Bishop
             and
             Sheriff
             upon
             Oath
             ;
             and
             in
             the
             work
             of
             administring
             Justice
             ,
             causes
             concerning
             the
             Church
             must
             have
             the
             precedency
             ;
             
             so
             as
             yet
             the
             Canon-Law
             had
             not
             gotten
             footing
             in
             England
             .
          
           
             The
             other
             Court
             wherein
             the
             Sheriff
             had
             the
             direction
             ,
             
             was
             in
             the
             meeting
             of
             the
             Free-men
             in
             several
             parts
             of
             the
             County
             ;
             and
             this
             was
             anciently
             ,
             
             and
             now
             is
             called
             the
             
               Sheriffs
               Torne
            
             ;
             which
             simply
             considered
             ,
             is
             but
             a
             Hundred-Court
             ,
             
             or
             the
             Sheriffs
             Torne
             to
             keep
             the
             Hundred-Court
             .
             It
             was
             ordered
             to
             be
             kept
             twice
             every
             year
             ,
             viz.
             at
             the
             Lady-day
             and
             Michaelmas
             ,
             or
             soon
             after
             .
             
             Unto
             this
             Court
             all
             the
             Free-holders
             of
             the
             Hundred
             repaired
             ,
             
             and
             there
             they
             ,
             the
             Bishop
             and
             Sheriff
             ,
             executed
             the
             same
             power
             and
             work
             for
             kind
             ,
             that
             they
             did
             in
             the
             County-Court
             .
             In
             this
             Court
             all
             the
             Suits
             in
             the
             Hundred-Court
             depending
             ,
             had
             their
             determination
             ,
             and
             others
             had
             their
             commencement
             and
             proceedings
             ,
             as
             well
             the
             Pleas
             of
             the
             Crown
             as
             others
             .
             Some
             have
             conceived
             it
             to
             be
             a
             County-Court
             ,
             or
             superiour
             thereto
             ;
             but
             there
             being
             no
             ground
             thereof
             ,
             I
             conceive
             it
             to
             be
             no
             other
             than
             a
             Visitation
             of
             the
             County
             by
             parcels
             or
             in
             circuit
             .
          
        
         
           
             CHAP.
             XXV
             .
             Of
             the
             Division
             of
             the
             County
             into
             Hundreds
             ,
             and
             the
             Officers
             and
             Court
             thereto
             belonging
             .
          
           
             COunties
             were
             too
             great
             to
             meet
             upon
             every
             occasion
             ;
             and
             every
             occasion
             too
             mean
             to
             put
             the
             whole
             County
             to
             that
             charge
             and
             trouble
             :
             and
             this
             induced
             sub-divisions
             ;
             the
             first
             whereof
             is
             that
             of
             the
             Hundred
             ,
             now
             ,
             and
             also
             anciently
             so
             called
             ;
             but
             as
             ancient
             (
             if
             not
             more
             )
             is
             the
             name
             Pagus
             ;
             for
             the
             Historian
             tells
             us
             ,
             that
             the
             Germans
             ,
             in
             the
             executing
             of
             their
             Laws
             ,
             a
             hundred
             of
             the
             Free-men
             joyned
             with
             the
             chief
             Lord
             
               per
               pagos
               vicosque
            
             ,
             
             which
             first
             were
             called
             Centenarii
             ,
             or
             Hundreders
             ,
             from
             their
             number
             ;
             but
             used
             for
             a
             title
             of
             Honour
             ,
             like
             the
             Triarii
             .
             And
             as
             a
             second
             hereunto
             ,
             I
             shall
             add
             that
             testimony
             of
             the
             Council
             at
             Berkhamsted
             ,
             which
             speaking
             the
             reduction
             of
             Suits
             from
             the
             Kings
             Court
             
               ad
               pagi
               vel
               loci
               praepositum
            
             ;
             in
             other
             places
             it
             is
             rendred
             ,
             
               to
               the
               Governours
               of
               the
               Hundred
               or
               Burrough
               .
            
             And
             at
             this
             day
             in
             Germany
             ,
             their
             Country
             is
             divided
             into
             Circuits
             ,
             called
             Centen
             or
             Canton
             ,
             and
             Centengriecht
             ;
             and
             the
             Hundreders
             they
             call
             Centgraven
             ,
             or
             Hundred-chiefes
             ,
             whether
             for
             Government
             in
             time
             of
             peace
             ,
             
             or
             for
             command
             in
             time
             of
             War
             ;
             the
             latter
             
             whereof
             ,
             the
             word
             Wapentake
             doth
             not
             a
             little
             favour
             .
             Amongst
             these
             ,
             one
             was
             (
             
               per
               eminentiam
            
             )
             called
             the
             Centgrave
             or
             
               Lord
               of
               the
               Hundred
            
             ,
             and
             thereunto
             elected
             by
             the
             
               Free
               men
            
             of
             that
             Hundred
             ,
             and
             unto
             whom
             they
             granted
             a
             stipend
             in
             the
             nature
             of
             a
             Rent
             ,
             
             called
             Hundredsettena
             ,
             together
             with
             the
             government
             of
             the
             same
             .
             The
             division
             of
             the
             County
             in
             this
             manner
             ,
             was
             done
             by
             the
             Free-men
             of
             the
             County
             ,
             who
             are
             the
             sole
             Judges
             thereof
             ,
             if
             Polydores
             testimony
             may
             be
             admitted
             ;
             and
             it
             may
             seem
             most
             likely
             that
             they
             ruled
             their
             division
             at
             the
             first
             ,
             according
             to
             the
             multitude
             of
             the
             Inhabitants
             ;
             which
             did
             occasion
             the
             great
             inequality
             of
             the
             Hundreds
             at
             this
             day
             .
             The
             Government
             of
             the
             Hundred
             rested
             at
             the
             first
             upon
             the
             Lord
             and
             the
             Hundredars
             ;
             
             but
             afterwards
             by
             Alfred
             they
             were
             found
             inconvenient
             ,
             because
             of
             the
             multitude
             ,
             and
             reduced
             to
             the
             Lord
             or
             his
             Bailiff
             ,
             and
             twelve
             of
             the
             Hundred
             ;
             and
             these
             twelve
             were
             to
             be
             sworn
             ,
             neither
             to
             condemn
             the
             Innocent
             ,
             nor
             acquit
             the
             Nocent
             .
             This
             was
             the
             
               Hundred
               Court
            
             ,
             which
             by
             the
             Law
             was
             to
             be
             holden
             once
             every
             Month
             ;
             and
             it
             was
             a
             mixt
             Court
             of
             Common-pleas
             and
             Crown-pleas
             :
             for
             the
             Saxon
             Laws
             order
             ,
             
             that
             in
             it
             there
             should
             be
             done
             justice
             to
             Thieves
             ;
             
             and
             the
             trial
             in
             divers
             cases
             in
             that
             Court
             is
             by
             Ordeale
             .
             Their
             Common-pleas
             were
             cases
             of
             a
             middle
             nature
             ,
             
             as
             well
             concerning
             Ecclesiastical
             persons
             and
             things
             ,
             as
             secular
             ;
             
             for
             the
             greater
             matters
             were
             by
             Commission
             ,
             or
             the
             Kings
             Writ
             removed
             ,
             
             as
             I
             formerly
             observed
             ;
             all
             Free-holders
             were
             bound
             to
             present
             themselves
             hereat
             .
             
             And
             no
             sooner
             did
             the
             Defendant
             appear
             ,
             but
             he
             answered
             the
             matter
             charged
             against
             him
             ,
             and
             judgment
             passed
             before
             the
             Court
             adjourned
             ;
             
             except
             in
             cases
             where
             immediate
             proof
             was
             not
             to
             be
             had
             ,
             
             albeit
             it
             was
             holden
             unreasonable
             in
             those
             days
             to
             hold
             so
             hasty
             process
             :
             
             and
             therefore
             the
             Archbishop
             of
             York
             prefers
             the
             Ecclesiastical
             or
             Canonical
             way
             before
             this
             .
             Lastly
             ,
             in
             their
             meeting
             ,
             as
             well
             at
             the
             Hundred
             as
             County-Court
             ,
             they
             retained
             their
             ancient
             way
             of
             coming
             Armed
             .
          
        
         
           
             CHAP.
             XXVI
             .
             Of
             the
             Division
             of
             the
             Hundreds
             into
             Decennaries
             .
          
           
             THis
             was
             the
             last
             subdivision
             of
             the
             County
             ,
             and
             that
             rested
             upon
             the
             persons
             ;
             and
             it
             was
             either
             not
             at
             all
             ,
             or
             not
             so
             observable
             ,
             as
             to
             be
             worthy
             of
             the
             Roman
             story
             ,
             and
             therefore
             may
             rather
             be
             thought
             an
             extract
             from
             Moses
             Law
             ,
             introduced
             by
             Alfred
             or
             his
             direction
             .
             I
             say
             ,
             this
             rested
             on
             the
             persons
             ,
             and
             not
             upon
             the
             place
             ;
             for
             though
             the
             Centeners
             were
             comprehended
             within
             certain
             bounds
             ,
             yet
             the
             Decenners
             were
             not
             limited
             but
             only
             within
             the
             limits
             of
             the
             Hundred
             .
             And
             of
             these
             also
             ,
             it
             appeareth
             to
             me
             there
             were
             divers
             sorts
             ;
             for
             such
             matters
             of
             controversie
             that
             did
             arise
             amongst
             the
             Decenners
             ,
             if
             of
             greater
             moment
             ,
             were
             referred
             to
             the
             
               chiefer
               Justices
            
             ,
             which
             were
             appointed
             
               super
               decem
               decanes
            
             ,
             which
             I
             conceive
             were
             
               ten
               chief
               pledges
            
             ;
             and
             these
             might
             bear
             the
             names
             of
             the
             Centeners
             ,
             although
             they
             be
             not
             the
             Centgraven
             :
             and
             the
             rather
             I
             incline
             thereto
             ,
             because
             in
             all
             probability
             there
             must
             needs
             be
             above
             one
             hundred
             Free-holders
             in
             Hundredo
             ;
             and
             all
             Free-men
             were
             Decenners
             ,
             that
             is
             ,
             ranked
             into
             several
             tens
             ;
             
             each
             one
             being
             pledge
             for
             others
             good
             abearing
             ,
             and
             in
             case
             of
             default
             ,
             to
             answer
             it
             before
             the
             Judge
             ,
             and
             in
             case
             of
             default
             of
             appearance
             ,
             his
             nine
             pledges
             should
             have
             one
             and
             
             thirty
             days
             to
             bring
             the
             Delinquent
             forth
             to
             justice
             .
             If
             this
             failed
             ,
             then
             the
             chief
             of
             those
             Decenners
             by
             the
             votes
             of
             that
             and
             the
             Neighbour
             Decenners
             ,
             was
             to
             purge
             himself
             and
             his
             fellow-pledges
             ,
             both
             of
             the
             guilt
             of
             the
             fact
             ,
             and
             of
             being
             parties
             to
             the
             flight
             of
             the
             Delinquent
             .
             And
             if
             they
             could
             not
             this
             do
             ,
             then
             were
             they
             by
             their
             own
             Oaths
             to
             acquit
             themselves
             ,
             and
             to
             bind
             themselves
             to
             bring
             the
             Delinquent
             to
             justice
             as
             soon
             as
             they
             could
             ;
             and
             in
             the
             mean
             time
             ,
             to
             pay
             the
             damage
             out
             of
             the
             Estate
             of
             the
             Delinquent
             ;
             and
             if
             that
             were
             not
             sufficient
             ,
             then
             out
             of
             their
             own
             Estate
             ;
             
             but
             if
             the
             Delinquents
             Estate
             was
             sufficient
             ,
             the
             surplussage
             thereof
             remained
             with
             the
             pledges
             .
             And
             lastly
             ,
             the
             Master
             of
             the
             Family
             was
             a
             pledge
             for
             his
             whole
             Family
             .
             
             This
             was
             the
             Law
             of
             Decenners
             ,
             and
             may
             seem
             to
             be
             somewhat
             a
             rigorous
             Law
             ,
             not
             only
             in
             case
             of
             Delinquency
             ,
             but
             also
             for
             their
             abode
             ;
             
             for
             none
             of
             them
             might
             depart
             from
             their
             dwelling
             without
             consent
             of
             his
             fellow-pledges
             ,
             
             nor
             out
             of
             the
             County
             without
             allowance
             of
             the
             Sheriff
             ,
             or
             other
             Governour
             of
             the
             same
             .
             
             And
             if
             any
             controversie
             arose
             between
             the
             pledges
             ,
             the
             chief
             pledge
             by
             them
             chosen
             ,
             called
             also
             the
             Dean
             or
             Headburrough
             ,
             may
             determine
             the
             same
             ;
             but
             this
             held
             only
             in
             matters
             of
             lighter
             consequence
             .
          
        
         
           
             CHAP.
             XXVII
             .
             Of
             Francheses
             :
             and
             first
             of
             the
             Church-Francheses
             .
          
           
             WE
             have
             hitherto
             trod
             in
             the
             road-way
             of
             the
             Government
             of
             the
             Common-wealth
             ;
             but
             private
             regards
             have
             made
             by-paths
             ,
             which
             we
             must
             trace
             ,
             or
             else
             the
             footsteps
             in
             many
             particulars
             will
             remain
             unknown
             .
             These
             are
             called
             Exemptions
             ,
             but
             more
             ordinarily
             Francheses
             ,
             from
             which
             scarce
             any
             part
             of
             the
             Kingdom
             remained
             free
             ;
             and
             are
             to
             be
             considered
             ,
             either
             in
             regard
             of
             the
             place
             or
             person
             .
             In
             the
             latter
             I
             intend
             that
             of
             the
             Church-men
             ,
             whose
             Persons
             and
             Estates
             ,
             in
             many
             particulars
             ,
             were
             exempted
             from
             the
             civil
             power
             of
             this
             Kingdom
             .
             Their
             persons
             devoted
             to
             a
             peculiar
             work
             ,
             they
             would
             have
             to
             be
             under
             a
             peculiar
             Law
             ,
             called
             the
             Canon-Law
             ,
             which
             at
             the
             first
             extended
             only
             to
             their
             own
             persons
             ,
             and
             that
             only
             
               pro
               reformatione
               morum
            
             :
             for
             so
             an
             Archbishop
             tells
             us
             ,
             
             that
             it
             did
             teach
             
               quomodo
               Canonici
               ,
               id
               est
               ,
               regulares
               Clerici
               vivere
               debent
            
             ;
             
             but
             when
             it
             grew
             to
             its
             full
             charge
             ,
             it
             gave
             a
             louder
             report
             ,
             
               Quicunque
               aliquid
               tenuerit
               ,
               vel
               in
               fundo
               Ecclesiae
               mansionem
               habuerit
               ,
               extra
               curiam
               Ecclesiasticam
               non
               placitabit
               quamvis
               foris
               fecerit
               .
            
             And
             thus
             as
             Church-ground
             increased
             by
             the
             blind
             charity
             of
             those
             times
             ,
             so
             long
             Church-men
             multiplied
             ,
             and
             the
             Canon
             inlarged
             from
             the
             persons
             of
             regulars
             to
             all
             Clergy-men
             ,
             and
             from
             them
             to
             their
             Tenants
             and
             Neighbours
             ;
             from
             thence
             to
             certain
             Spiritual
             or
             Ecclesiastical
             crimes
             or
             scandals
             ,
             wherever
             they
             were
             found
             ;
             and
             wherever
             it
             touched
             ,
             it
             took
             and
             bound
             by
             Excommunication
             ,
             
             and
             upon
             significavit
             ,
             being
             first
             delivered
             to
             Satan
             ,
             they
             delivered
             him
             over
             to
             the
             Sentence
             of
             the
             Law
             ,
             
               to
               be
               imprisoned
            
             .
             If
             the
             offender
             be
             out
             of
             reach
             by
             the
             space
             of
             thirty
             and
             one
             days
             ,
             he
             is
             Outlawed
             ;
             so
             as
             there
             is
             no
             way
             left
             to
             escape
             the
             Church-fury
             .
          
        
         
           
           
             CHAP.
             XXVIII
             .
             Of
             the
             second
             Franchises
             ,
             called
             the
             Marches
             .
          
           
             FRanchises
             of
             the
             place
             ,
             were
             such
             as
             were
             limited
             within
             precincts
             of
             place
             ,
             and
             annexed
             thereto
             ;
             and
             of
             this
             sort
             first
             were
             those
             of
             the
             borders
             ,
             of
             which
             those
             are
             the
             most
             ancient
             that
             bordered
             the
             Britons
             ,
             now
             called
             the
             Marches
             of
             Wales
             ,
             in
             which
             was
             a
             peculiar
             Government
             ,
             so
             far
             as
             concerned
             administration
             of
             justice
             ;
             for
             otherwise
             the
             subjects
             each
             of
             them
             submitted
             themselves
             to
             the
             service
             of
             their
             own
             Prince
             .
             This
             was
             therefore
             a
             third
             ,
             different
             ,
             and
             mixt
             Government
             ,
             agreed
             upon
             joyntly
             between
             the
             Britons
             and
             Saxons
             ,
             who
             after
             a
             long
             and
             burdensome
             War
             ,
             (
             wherein
             both
             peoples
             were
             well
             wearied
             )
             by
             degrees
             became
             Friends
             ,
             entered
             Traffick
             ,
             and
             into
             the
             strictest
             Societies
             by
             Marriage
             .
             Thus
             finding
             the
             sweetness
             of
             peace
             ,
             they
             provide
             against
             future
             occasions
             of
             strife
             that
             might
             arise
             in
             commerce
             by
             the
             justling
             of
             two
             Laws
             together
             ;
             and
             agree
             in
             one
             Law
             ,
             and
             upon
             a
             certain
             number
             of
             Judges
             elected
             by
             common
             consent
             ,
             who
             were
             to
             see
             to
             the
             execution
             of
             these
             Laws
             as
             joynt
             Assessors
             .
             From
             these
             ,
             as
             I
             conceive
             ,
             arose
             those
             which
             are
             now
             called
             the
             
               Lords
               Marchers
            
             ,
             and
             were
             at
             the
             first
             twelve
             in
             number
             ,
             viz.
             six
             Saxons
             ,
             and
             six
             Britons
             .
             It
             seemeth
             this
             form
             of
             Government
             was
             first
             instituted
             by
             Aetheldred
             ,
             
             and
             by
             way
             of
             prescription
             or
             custom
             ,
             continueth
             till
             this
             day
             :
             and
             as
             it
             was
             the
             birth
             of
             truce
             ,
             so
             for
             the
             future
             became
             both
             Mother
             and
             Nurse
             of
             peace
             between
             those
             two
             peoples
             ,
             like
             the
             twi-light
             between
             the
             day
             and
             night
             ,
             until
             both
             were
             brought
             under
             one
             head
             ,
             and
             by
             divine
             providence
             setled
             in
             a
             lasting
             day
             .
          
        
         
           
             CHAP.
             XXIX
             .
             Of
             County-Palatines
             .
          
           
             OF
             the
             same
             sort
             of
             Franchises
             were
             these
             which
             are
             called
             County-Palatines
             ,
             which
             were
             certain
             parcels
             of
             the
             Kingdom
             assigned
             to
             some
             particular
             person
             ,
             and
             their
             Successors
             ,
             with
             Royal
             power
             therein
             to
             execute
             all
             Laws
             established
             ,
             in
             nature
             of
             Province
             holden
             of
             the
             Imperial
             Crown
             :
             and
             therefore
             the
             Kings
             Writ
             passed
             not
             within
             the
             precinct
             ,
             no
             more
             than
             in
             the
             Marches
             .
             These
             were
             occasioned
             from
             the
             courage
             of
             the
             Inhabitants
             that
             stoutly
             defended
             their
             Liberties
             against
             the
             usurping
             power
             of
             those
             greater
             Kings
             that
             endeavoured
             to
             have
             the
             Dominion
             over
             the
             whole
             Heptarchy
             ,
             and
             not
             being
             easily
             overcome
             ,
             were
             admitted
             into
             composition
             of
             Tributaries
             ;
             and
             therefore
             are
             found
             very
             ancient
             :
             for
             Alfred
             put
             one
             of
             his
             Judges
             to
             death
             for
             passing
             Sentence
             upon
             a
             Malefactor
             ,
             for
             an
             offence
             done
             in
             a
             place
             where
             
               the
               Kings
               Writ
               passed
               not
            
             ;
             
             and
             the
             same
             Author
             reciting
             another
             example
             of
             his
             justice
             against
             another
             of
             his
             Justices
             ,
             for
             putting
             one
             to
             death
             without
             president
             ,
             rendreth
             the
             Kings
             reason
             ,
             
               for
               that
               the
               King
               and
               his
               Commissioners
               ought
               to
               determine
               such
               cases
               ,
               excepting
               those
               Lords
               in
               whose
               precinct
               the
               Kings
               Writ
               passeth
               not
               .
            
          
        
         
           
           
             CHAP.
             XXX
             .
             Of
             Francheses
             of
             the
             Person
             .
          
           
             
               FRancheses
               of
               the
               Person
            
             are
             such
             Liberties
             annexed
             unto
             the
             Person
             ,
             as
             are
             not
             absolute
             Lordships
             ,
             but
             only
             tending
             thereto
             ,
             and
             limited
             within
             a
             Precinct
             ,
             but
             not
             annexed
             thereto
             :
             and
             these
             are
             matters
             of
             profit
             rather
             than
             power
             ;
             as
             those
             of
             
               Bury
               St.
               Edmonds
               ,
               Doncaster
               ,
               Dorchester
               ,
               Circester
            
             ;
             all
             which
             were
             in
             the
             Saxon
             times
             :
             
             and
             these
             or
             some
             of
             them
             had
             juridical
             power
             in
             cases
             of
             Felonies
             and
             Robberies
             arising
             within
             that
             Precinct
             ,
             
             so
             as
             the
             Delinquent
             was
             both
             Inhabitant
             and
             taken
             within
             the
             same
             ;
             this
             was
             called
             Infangtheoff
             :
             and
             if
             upon
             fresh
             pursuit
             made
             by
             the
             right
             owner
             or
             possessor
             ,
             the
             Delinquent
             was
             taken
             with
             the
             prey
             in
             his
             possession
             ,
             or
             as
             the
             old
             Dialect
             is
             ,
             
               Handhaben
               Backhearend
            
             ;
             
             Then
             was
             he
             carried
             immediately
             before
             the
             Coroner
             of
             that
             Liberty
             ,
             and
             the
             Sakeber
             ,
             or
             party
             wronged
             ,
             made
             his
             proof
             by
             Witnesses
             ;
             and
             thereupon
             judgement
             forthwith
             passed
             without
             answer
             ,
             and
             execution
             immediately
             ensued
             .
             Some
             Liberties
             had
             Outfangtheoff
             ,
             that
             is
             ,
             the
             trial
             and
             forfeiture
             of
             such
             Delinquents
             ,
             
             being
             no
             Inhabitants
             ,
             and
             yet
             taken
             within
             the
             Liberty
             ;
             or
             Inhabitants
             ,
             and
             not
             taken
             within
             the
             Liberties
             :
             
             but
             this
             Trial
             was
             always
             by
             Jury
             .
             The
             Antiquity
             of
             these
             Liberties
             are
             not
             obscurely
             manifested
             in
             their
             names
             ,
             
             and
             more
             clearly
             by
             the
             Saxon
             Laws
             and
             Acts
             ;
             for
             it
             's
             observed
             of
             Alfred
             ,
             
             that
             he
             seized
             a
             Franches
             of
             Infangtheoff
             ,
             because
             the
             Lord
             of
             that
             Franches
             would
             not
             send
             a
             Felon
             (
             taken
             within
             his
             Liberty
             for
             a
             Felony
             committed
             without
             the
             same
             )
             to
             the
             Goale
             of
             the
             County
             ,
             as
             he
             ought
             to
             have
             done
             .
             
             Other
             Liberties
             there
             were
             granted
             also
             by
             Charter
             ;
             a
             tast
             whereof
             may
             be
             seen
             in
             one
             Grant
             made
             by
             King
             Edgar
             ,
             to
             the
             Monastery
             of
             Glastenbury
             ,
             wherein
             was
             granted
             
               Sack
               ,
               Hamsockne
               ,
               Friderbrece
               ,
               Forstel
               ,
               Teme
               ,
               Flemone
               ,
               Ferdre
               ,
               Hundred
               Setene
               ,
               Sock
               ,
               Tholl
               ,
               Adae
               ,
               Horda
               ,
               Bufan
               Orderan
               ,
               Bene
               Orderan
            
             ;
             the
             particular
             natures
             of
             each
             may
             be
             observed
             in
             the
             Glossaries
             ;
             all
             of
             them
             being
             allowed
             to
             the
             Crown
             by
             the
             Law
             ,
             and
             by
             the
             advice
             of
             the
             Council
             of
             Lords
             granted
             over
             to
             these
             Grantees
             in
             nature
             of
             Deputies
             to
             the
             King
             ,
             to
             possess
             both
             the
             power
             and
             profit
             thereto
             belonging
             .
          
        
         
           
             CHAP.
             XXXI
             .
             Of
             Manors
             .
          
           
             NEvertheless
             ,
             most
             of
             these
             Liberties
             ,
             if
             not
             all
             of
             them
             ,
             were
             many
             times
             granted
             by
             Kings
             as
             appendant
             to
             Manors
             ;
             which
             were
             Francheses
             of
             smaller
             circuit
             ,
             being
             at
             the
             first
             portions
             of
             ground
             granted
             to
             some
             particular
             persons
             ,
             and
             by
             them
             subdivided
             and
             granted
             over
             to
             particular
             persons
             to
             hold
             of
             the
             Grantors
             by
             Rents
             ,
             Services
             ,
             and
             suit
             to
             one
             Court
             ;
             all
             being
             no
             other
             than
             the
             spoils
             of
             War
             ,
             and
             rewards
             of
             valour
             ,
             or
             other
             service
             .
             These
             in
             their
             collective
             nature
             are
             called
             a
             Manor
             ,
             and
             by
             continuance
             of
             time
             become
             a
             kind
             of
             body
             politick
             .
             In
             Antiquity
             it
             is
             called
             Mansum
             ,
             from
             the
             Mansion-house
             ,
             although
             it
             is
             not
             of
             the
             Essence
             of
             a
             Manor
             ,
             nor
             ought
             the
             
             words
             of
             Bracton
             to
             be
             construed
             according
             to
             the
             literal
             sense
             ;
             
             for
             the
             house
             may
             be
             destroyed
             ,
             and
             yet
             the
             Manor
             continue
             ;
             and
             the
             ground
             was
             granted
             in
             tenure
             before
             any
             house
             built
             thereupon
             .
             The
             quantity
             of
             the
             ground
             thus
             given
             to
             hold
             by
             Service
             ,
             was
             according
             to
             the
             pleasure
             of
             the
             Lord
             more
             or
             less
             ,
             and
             therefore
             might
             extend
             into
             divers
             Parishes
             ;
             as
             on
             the
             other
             part
             ,
             one
             Town
             might
             comprehend
             divers
             Manors
             .
             The
             Estate
             that
             was
             granted
             ,
             depended
             partly
             on
             the
             condition
             of
             the
             Grantee
             :
             
             for
             some
             were
             servi
             or
             Bond-men
             ,
             and
             their
             Estate
             was
             altogether
             at
             the
             will
             of
             the
             Lord
             ,
             as
             was
             also
             the
             benefit
             ;
             but
             the
             servants
             merit
             ,
             and
             the
             Lords
             benignity
             concurring
             with
             some
             Conscience
             of
             Religion
             ,
             as
             the
             light
             grew
             more
             clear
             ,
             abated
             the
             rigour
             of
             the
             tenure
             into
             that
             which
             we
             now
             call
             Copy-hold
             .
             Other
             Estates
             were
             made
             to
             the
             
               Free
               men
            
             ,
             which
             in
             the
             first
             times
             were
             only
             for
             years
             ;
             albeit
             therein
             they
             were
             not
             niggardly
             ,
             for
             they
             sticked
             not
             at
             Leases
             for
             a
             hundred
             years
             ,
             
             yet
             with
             a
             render
             of
             Rent
             ,
             which
             in
             those
             days
             was
             of
             Corn
             or
             other
             Victual
             ;
             and
             thence
             the
             Leases
             so
             made
             were
             called
             Feormes
             or
             Farmes
             ,
             which
             word
             signifieth
             Victuals
             .
             But
             times
             ensuing
             ,
             turned
             the
             Victual
             into
             Money
             ,
             and
             terms
             of
             years
             to
             terms
             of
             lite
             and
             inheritance
             ,
             retaining
             the
             Rents
             ,
             and
             those
             called
             Quit-rents
             ,
             or
             the
             Rents
             of
             those
             persons
             that
             are
             
               acquitted
               or
               free
            
             .
             
             But
             in
             case
             of
             estates
             of
             inheritance
             for
             the
             most
             part
             after
             the
             death
             of
             the
             Tenants
             were
             reserved
             Heriots
             or
             a
             relief
             :
             which
             were
             not
             left
             to
             the
             will
             of
             the
             Lord
             ,
             but
             was
             put
             in
             certainty
             ,
             in
             the
             very
             letter
             of
             the
             Law
             :
             
             for
             according
             to
             each
             mans
             degree
             ,
             such
             was
             his
             Relief
             or
             Heriot
             .
          
           
             But
             over
             and
             above
             all
             ,
             they
             reserved
             special
             service
             to
             be
             done
             by
             the
             person
             of
             the
             Tenant
             ,
             or
             some
             other
             by
             his
             procurement
             ,
             of
             which
             those
             that
             were
             their
             servi
             or
             villains
             were
             at
             the
             will
             of
             the
             Lord
             :
             others
             had
             their
             particular
             service
             set
             down
             in
             their
             grants
             .
             These
             concerned
             either
             War
             or
             Peace
             ;
             the
             former
             was
             afterwards
             called
             the
             service
             of
             the
             Knight
             or
             Souldier
             ;
             the
             latter
             the
             service
             of
             the
             Husbandman
             or
             Plough
             .
             That
             of
             the
             Souldier
             was
             the
             more
             honourable
             ,
             
             and
             suitable
             to
             the
             old
             German
             trade
             ;
             
               Pigrum
               &
               iners
               videtur
               sudore
               acquirere
               quod
               possis
               sanguine
               parare
               :
            
             and
             the
             work
             was
             to
             defend
             the
             Kingdom
             ,
             the
             Lords
             person
             and
             Honour
             ;
             and
             to
             this
             end
             he
             was
             ever
             to
             have
             his
             weapons
             in
             readiness
             ,
             which
             gave
             name
             to
             the
             service
             ,
             and
             altered
             as
             times
             and
             customs
             changed
             .
             This
             service
             by
             custom
             ,
             from
             a
             work
             degenerated
             into
             the
             bare
             Title
             ,
             and
             became
             a
             dignity
             :
             and
             the
             men
             named
             ,
             or
             rather
             intituled
             Milites
             ;
             and
             many
             of
             the
             Saxon
             Charters
             were
             attested
             by
             men
             bearing
             that
             Title
             ;
             yet
             the
             service
             itself
             was
             far
             more
             ancient
             ,
             and
             called
             
               servicium
               loricae
            
             ;
             of
             which
             sort
             also
             were
             the
             
               Custodes
               pagani
            
             that
             wore
             a
             Helmet
             ,
             a
             coat
             of
             Mail
             ,
             and
             a
             guilt
             Sword
             :
             not
             unlike
             the
             old
             German
             way
             of
             calling
             forth
             of
             their
             Tirones
             to
             the
             war.
             
             Of
             this
             rank
             some
             were
             more
             eminent
             than
             others
             ;
             for
             some
             bare
             the
             single
             title
             of
             Knight
             ,
             and
             ,
             it
             seemed
             ,
             served
             on
             foot
             :
             others
             served
             on
             horseback
             ,
             and
             were
             called
             
               Rad
               knights
            
             ,
             or
             Knights-riders
             ,
             as
             Bracton
             noteth
             ;
             
             and
             these
             I
             take
             to
             be
             the
             Vavasours
             ,
             noted
             in
             the
             Conquerours
             Laws
             :
             for
             that
             their
             relief
             is
             a
             Helmet
             ,
             a
             Coat
             of
             Mail
             ,
             a
             Shield
             ,
             a
             Sphear
             ,
             and
             a
             horse
             .
             Now
             for
             the
             maintaining
             of
             this
             service
             ,
             they
             had
             Lands
             and
             Tenements
             called
             Knights-Fees
             ,
             which
             bound
             the
             owner
             to
             that
             service
             ,
             into
             whose
             hands
             soever
             they
             came
             ,
             to
             be
             done
             either
             by
             the
             person
             of
             the
             owner
             ,
             or
             other
             fit
             person
             by
             him
             procured
             ,
             and
             therefore
             were
             discharged
             from
             the
             payment
             of
             all
             Taxes
             and
             Tollage
             ,
             which
             was
             the
             Law
             of
             the
             Goths
             of
             old
             ,
             and
             remains
             in
             Sweden
             at
             this
             day
             .
             
             The
             number
             of
             these
             Fees
             
             much
             increased
             ,
             so
             as
             in
             the
             Conquerours
             time
             they
             were
             above
             sixty
             thousand
             ,
             which
             was
             a
             mighty
             body
             for
             a
             small
             Island
             ,
             and
             brought
             much
             honour
             to
             the
             Nation
             .
          
           
             But
             the
             profit
             arose
             from
             beneath
             ,
             I
             mean
             from
             the
             
               soccage
               tenure
            
             or
             service
             of
             the
             Plough
             ,
             
             which
             in
             the
             first
             times
             was
             performed
             by
             those
             that
             were
             unfit
             for
             the
             service
             of
             the
             Wars
             ,
             either
             being
             green
             and
             young
             ,
             or
             decrepit
             and
             aged
             ;
             and
             sometimes
             by
             the
             Women
             .
             But
             after
             that
             the
             Saxon
             Conquest
             was
             at
             a
             stop
             ,
             
             and
             that
             no
             more
             was
             to
             be
             gotten
             by
             Blood
             ,
             men
             endeavoured
             to
             satisfie
             their
             desires
             by
             sweat
             ,
             and
             turned
             their
             Swords
             into
             Plough-shares
             ;
             and
             thus
             the
             Husbandry
             increased
             exceedingly
             ,
             and
             hath
             proved
             the
             best
             Pillar
             of
             the
             Common-weal
             ;
             the
             nature
             of
             this
             tenure
             is
             fully
             set
             out
             by
             the
             Reporter
             ;
             nor
             can
             I
             add
             thereto
             more
             than
             the
             Law
             of
             the
             Confessor
             concerning
             these
             men
             ,
             
               viz.
               That
               no
               man
               might
               trouble
               them
               ,
            
             
             
               but
               for
               their
               Rent
               ,
               nor
               any
               Lord
               thrust
               them
               out
               of
               their
               Farm
               ,
               so
               long
               as
               they
               do
               their
               service
               .
            
             
             And
             thus
             it
             appeareth
             ,
             that
             the
             service
             became
             in
             nature
             of
             a
             condition
             subsequent
             ,
             begetting
             an
             increaser
             of
             the
             Estate
             ,
             
             which
             by
             continuance
             wrought
             an
             inheritance
             ,
             and
             so
             the
             Title
             of
             Entry
             was
             turned
             wholly
             into
             distresses
             for
             service
             not
             performed
             ;
             yet
             the
             Lord
             was
             no
             looser
             thereby
             ,
             so
             long
             as
             
               Heriots
               ,
               Rents
            
             ,
             and
             Services
             accrewed
             unto
             him
             .
          
        
         
           
             CHAP.
             XXXII
             .
             Of
             Courts
             incident
             and
             united
             unto
             Manors
             .
          
           
             BY
             Grants
             made
             by
             Lords
             unto
             Tenants
             already
             noted
             ,
             the
             Lords
             had
             power
             by
             common
             right
             to
             call
             their
             Tenants
             before
             them
             ,
             and
             enquire
             concerning
             their
             payment
             of
             Rents
             ,
             and
             performance
             of
             service
             ,
             which
             became
             Courts
             of
             constant
             appointment
             :
             of
             which
             sort
             there-were
             two
             ,
             one
             for
             the
             Free-men
             ,
             the
             other
             for
             the
             Bond-men
             ;
             and
             this
             brought
             forth
             another
             service
             ,
             which
             we
             call
             
               suit
               of
               Court.
            
             
             The
             Court
             of
             Free-men
             was
             holden
             from
             three
             weeks
             to
             three
             weeks
             ,
             wherein
             the
             Free-men
             ,
             as
             in
             the
             Hundred
             and
             County
             were
             Judges
             of
             the
             fact
             ,
             
             and
             from
             them
             named
             ,
             as
             at
             this
             day
             ,
             Court-leet
             ,
             
             or
             the
             Court
             of
             the
             Liti
             ,
             of
             such
             as
             are
             manumitted
             or
             Free-men
             .
             In
             this
             Court
             all
             Actions
             or
             Suits
             between
             the
             Free-men
             of
             the
             same
             Manor
             ,
             and
             within
             the
             same
             arising
             ,
             were
             determined
             ;
             nor
             could
             any
             Court
             (
             no
             not
             the
             Kings
             )
             intermeddle
             with
             such
             Suits
             before
             Trial
             had
             ;
             but
             by
             the
             Lords
             allowance
             .
             And
             upon
             this
             priviledge
             ,
             the
             Writ
             of
             
               right
               Patent
            
             was
             grounded
             .
             But
             the
             full
             nature
             of
             this
             Court
             is
             not
             within
             my
             intention
             ,
             but
             I
             must
             refer
             the
             Reader
             to
             the
             Law-books
             .
             
             For
             it
             was
             the
             least
             part
             of
             the
             work
             and
             power
             which
             this
             Court
             obtained
             by
             continuance
             of
             time
             ;
             in
             regard
             that
             Manors
             exceedingly
             multiplied
             ,
             so
             as
             no
             part
             of
             the
             Land
             was
             left
             free
             ;
             and
             many
             one
             of
             them
             extended
             into
             divers
             Decennaries
             ,
             the
             Lords
             obtained
             great
             power
             over
             them
             ,
             and
             had
             of
             Kings
             ,
             grants
             of
             
               view
               of
               Frank-pledge
            
             within
             their
             several
             Lordships
             ;
             
             and
             further
             power
             of
             inquiry
             ,
             and
             punishing
             of
             matters
             of
             publick
             nusance
             ,
             and
             such
             as
             were
             
               contra
               Pacem
               &
               Coronam
            
             ;
             which
             by
             custom
             became
             annexed
             unto
             the
             Court-leet
             .
             The
             nusances
             of
             Copy-holds
             being
             done
             to
             disherison
             of
             the
             Lord
             ,
             and
             not
             proper
             
             for
             the
             Court
             of
             publick
             inquiry
             .
             The
             Judge
             of
             this
             Court-leet
             was
             the
             Lord
             ,
             or
             his
             Steward
             ,
             for
             the
             directory
             part
             ;
             and
             the
             Steward
             was
             properly
             Coroner
             within
             the
             Mannor
             to
             take
             Presentments
             ,
             and
             certifie
             them
             to
             the
             Coroner
             of
             the
             County
             .
             And
             thus
             this
             Court
             swallowed
             up
             much
             of
             the
             power
             of
             the
             Decenners
             Court
             in
             the
             very
             infancie
             ,
             so
             as
             we
             find
             no
             foot-steps
             of
             any
             Writ
             of
             Right
             to
             the
             Decenners
             ,
             or
             Chief-pledges
             ;
             but
             contrariwise
             many
             views
             of
             Frank-pledge
             granted
             to
             particular
             persons
             in
             the
             time
             of
             Alfred
             :
             
             and
             many
             things
             done
             by
             the
             
               Chief
               pledges
            
             in
             the
             Courts
             of
             these
             Mannors
             ,
             as
             is
             to
             be
             yet
             seen
             in
             many
             ancient
             Court-Rolls
             .
          
           
             The
             other
             Court
             ,
             which
             by
             common
             Right
             belonged
             to
             the
             Lords
             of
             Mannors
             ,
             was
             that
             of
             the
             Copy-holders
             ,
             called
             or
             rather
             included
             under
             the
             name
             of
             the
             Court-Baron
             ;
             
             which
             albeit
             it
             is
             called
             in
             the
             ordinary
             stile
             
               Curia
               Baronum
            
             ,
             yet
             not
             so
             properly
             ,
             as
             I
             conceive
             ;
             and
             it
             may
             be
             by
             way
             of
             mistake
             for
             Baronis
             :
             
             for
             if
             it
             were
             so
             properly
             united
             formerly
             to
             the
             Court
             of
             Free-men
             ,
             as
             (
             
               ab
               excellentiori
            
             )
             it
             always
             passed
             under
             that
             name
             ,
             yet
             when
             that
             Court
             is
             omitted
             ,
             and
             slipt
             out
             of
             the
             way
             ,
             the
             Court
             of
             
               Copy
               holders
            
             that
             remaineth
             ,
             improperly
             retaineth
             the
             name
             of
             that
             which
             is
             gone
             .
             This
             Court
             at
             the
             first
             was
             intended
             onely
             for
             the
             Lords
             benefit
             ,
             and
             for
             the
             Tenants
             right
             ,
             as
             subservient
             thereunto
             .
             I
             say
             ,
             the
             Tenants
             right
             ,
             not
             against
             their
             Lord
             ;
             for
             they
             had
             no
             right
             against
             him
             :
             but
             against
             any
             other
             they
             had
             protection
             of
             Law
             ,
             both
             for
             themselves
             and
             their
             Estates
             .
             And
             ,
             as
             I
             said
             before
             ,
             by
             custom
             ,
             or
             rather
             light
             of
             Religion
             ,
             their
             persons
             and
             Estates
             were
             considerable
             ,
             even
             by
             the
             Lords
             themselves
             .
             
             Which
             also
             caused
             a
             Law
             to
             be
             made
             ,
             
               ut
               sic
               de
               suis
               hominibus
               agant
               ,
               quatenus
               erga
               Deum
               reatum
               non
               incurrant
               ,
               &
               Regem
               non
               offendant
               .
            
             Which
             Law
             could
             never
             be
             intended
             of
             the
             Free-holders
             ;
             for
             it
             had
             been
             a
             vain
             redundancy
             to
             have
             made
             an
             especial
             Law
             for
             that
             ,
             which
             was
             provided
             for
             by
             the
             known
             fundamental
             Law
             of
             the
             Kingdom
             ,
             against
             which
             a
             speedy
             remedy
             lay
             by
             the
             Kings
             Writ
             .
             And
             these
             men
             ,
             how
             mean
             soever
             ,
             had
             even
             in
             those
             days
             a
             kind
             of
             Property
             both
             in
             Lands
             and
             Goods
             :
             for
             the
             Laws
             ,
             though
             by
             their
             antick
             Language
             darkned
             ,
             yet
             plainly
             speak
             
               de
               terra
               sua
               &
               Catallis
               ejus
               .
            
             
             And
             if
             the
             ancient
             Germans
             were
             so
             generous
             to
             their
             Bond-men
             ,
             surely
             much
             rather
             ,
             after
             their
             coming
             into
             this
             Island
             ;
             inasmuch
             as
             their
             service
             was
             more
             and
             more
             necessary
             in
             Agriculture
             ,
             which
             could
             never
             be
             performed
             by
             the
             Natives
             ,
             who
             were
             not
             in
             their
             own
             persons
             conquered
             ,
             although
             their
             Land
             was
             .
          
        
         
           
             CHAP.
             XXXIII
             .
             Of
             Townships
             and
             their
             Markets
             .
          
           
             THE
             next
             Franchese
             is
             that
             of
             Towns
             :
             This
             was
             taken
             up
             as
             a
             Birth
             of
             War
             and
             Nurse
             of
             Peace
             ;
             for
             their
             Ancestors
             liked
             not
             to
             dwell
             in
             crowds
             ,
             
               ne
               pati
               quidem
               inter
               se
               junctas
               sedes
               :
            
             
             it
             being
             their
             trade
             or
             pastime
             to
             war
             upon
             Beasts
             ,
             when
             they
             found
             no
             Enemies
             amongst
             them
             .
             This
             solitudinary
             custom
             could
             not
             be
             soon
             shaken
             off
             ,
             and
             might
             well
             occasion
             multitudes
             of
             Towns
             in
             those
             times
             (
             though
             small
             ones
             doubtless
             )
             that
             Writers
             speak
             of
             ;
             if
             true
             it
             be
             ,
             that
             after
             the
             wasting
             times
             of
             the
             Danes
             and
             Normans
             ,
             in
             the
             Conquerours
             time
             ,
             were
             found
             in
             England
             ,
             Forty
             five
             thousand
             Parishes
             ,
             and
             Sixty
             two
             thousand
             Villages
             .
             
             Nor
             was
             Peace
             less
             beneficial
             to
             them
             ,
             than
             they
             careful
             of
             it
             ;
             for
             by
             continuance
             of
             Peace
             ,
             Husbandry
             ,
             Manifactures
             ,
             and
             Commerce
             ,
             occasioned
             people
             to
             gather
             to
             places
             commodious
             for
             Habitation
             ,
             in
             good
             Soil
             ,
             nigh
             Navigable
             Rivers
             or
             Havens
             ;
             and
             according
             to
             their
             scituation
             and
             trade
             ,
             so
             they
             swelled
             in
             multitude
             or
             decayed
             .
             Some
             of
             whom
             growing
             more
             eminent
             than
             others
             ,
             more
             care
             was
             had
             of
             their
             government
             and
             safety
             ;
             for
             the
             latter
             by
             building
             of
             Walls
             and
             Castles
             ,
             and
             for
             the
             former
             by
             setling
             a
             Magistracy
             peculiar
             to
             that
             place
             or
             Township
             ;
             not
             as
             so
             many
             Decenners
             ,
             but
             as
             one
             body
             consisting
             of
             many
             members
             .
             And
             thus
             by
             custom
             they
             grew
             to
             be
             Fraternities
             ,
             or
             Corporations
             under
             one
             Magistrate
             or
             Head
             ,
             whom
             they
             called
             Alderman
             ;
             and
             held
             a
             Court
             of
             Justice
             (
             at
             the
             first
             holden
             twice
             a
             year
             )
             which
             was
             in
             nature
             of
             a
             Leet
             with
             a
             view
             of
             Frank-pledge
             ,
             
             as
             may
             appear
             in
             the
             cases
             of
             
               Dorchester
               ,
               Circester
            
             ,
             and
             Doncaster
             ,
             in
             
             Alfred's
             time
             :
             and
             herewith
             they
             had
             publick
             Markets
             ,
             which
             served
             them
             for
             their
             better
             conveniencies
             .
          
           
             This
             priviledge
             of
             Market
             was
             a
             liberty
             of
             publick
             sale
             and
             trade
             in
             Commodities
             that
             principally
             concern
             the
             Belly
             ;
             
             but
             by
             common
             course
             became
             a
             pass
             for
             Commodities
             of
             every
             kind
             almost
             .
             Concerning
             this
             liberty
             ,
             I
             shall
             desire
             leave
             to
             interpose
             this
             Parenthesis
             ensuing
             ,
             before
             I
             proceed
             in
             the
             intended
             discourse
             .
          
           
             In
             the
             first
             times
             ,
             as
             every
             man
             by
             common
             right
             had
             property
             in
             his
             own
             Goods
             ,
             so
             by
             the
             same
             right
             he
             had
             power
             to
             alien
             to
             any
             person
             ,
             at
             any
             time
             ,
             in
             any
             place
             ,
             by
             gift
             ,
             sale
             ,
             exchange
             ,
             or
             other
             ways
             ;
             and
             that
             by
             such
             Alienation
             ,
             but
             especially
             by
             sale
             ,
             a
             Right
             was
             vested
             in
             the
             Buyer
             against
             all
             men
             ,
             saving
             the
             Eigne-right
             ,
             which
             was
             recompenced
             upon
             warranty
             ,
             and
             recovery
             in
             value
             .
             And
             in
             those
             days
             common
             sense
             taught
             men
             to
             buy
             or
             sell
             ,
             of
             or
             to
             the
             next
             Neighbour
             that
             would
             bargain
             with
             them
             :
             and
             for
             want
             of
             such
             occasion
             ,
             to
             repair
             to
             the
             next
             Assembly
             ,
             Meeting
             ,
             or
             Concourse
             of
             people
             ,
             for
             the
             sale
             of
             such
             Commodities
             as
             their
             Neighbourhood
             would
             not
             take
             off
             their
             hands
             .
             And
             thus
             the
             greater
             Towns
             that
             had
             Walls
             or
             Castles
             ,
             became
             the
             greatest
             Markets
             ,
             and
             others
             less
             ;
             and
             this
             made
             the
             Neighbourhood
             of
             those
             Towns
             to
             repair
             thither
             to
             buy
             ,
             as
             others
             to
             sell.
             But
             time
             discovering
             a
             double
             inconveniency
             herein
             ,
             viz.
             that
             by
             these
             less
             publick
             sales
             in
             smaller
             Villages
             ,
             where
             little
             or
             no
             care
             of
             Right
             or
             Justice
             was
             had
             (
             and
             by
             which
             means
             the
             word
             Pagan
             became
             a
             word
             of
             reproach
             )
             many
             mens
             Goods
             by
             clandestine
             Contracts
             were
             lost
             ,
             and
             no
             care
             had
             of
             their
             recovery
             ;
             and
             (
             which
             was
             yet
             more
             prejudicial
             to
             the
             Publick
             )
             that
             the
             greater
             Towns
             appointed
             for
             the
             strength
             and
             defence
             of
             the
             Kingdom
             ,
             became
             ill
             provided
             with
             supply
             of
             Victuals
             ,
             either
             for
             the
             present
             or
             future
             ;
             and
             what
             was
             had
             ,
             for
             the
             most
             part
             was
             gotten
             at
             the
             second
             hand
             ,
             and
             higher
             rate
             than
             the
             Country-Villages
             had
             .
             The
             
               wise
               men
            
             ,
             by
             publick
             Edict
             ,
             laid
             a
             restraint
             of
             Markets
             in
             smaller
             Villages
             ,
             and
             more
             private
             places
             ;
             and
             thus
             the
             greater
             Towns
             having
             Markets
             formerly
             ,
             became
             more
             
               publick
               Markets
            
             ,
             not
             by
             any
             new
             Right
             or
             Priviledge
             from
             the
             Crown
             ;
             for
             it
             neither
             had
             such
             power
             nor
             could
             have
             (
             but
             upon
             usurpation
             )
             against
             the
             common
             Right
             of
             such
             Towns
             and
             places
             of
             publick
             defence
             .
             This
             Restraint
             ,
             upon
             the
             reasons
             aforesaid
             ,
             was
             made
             first
             in
             the
             
             Saxon-times
             ,
             as
             may
             appear
             by
             their
             Laws
             ,
             but
             more
             cleerly
             declared
             and
             confirmed
             afterwards
             by
             the
             Laws
             of
             the
             Normans
             ,
             which
             never
             gave
             any
             new
             Right
             of
             Market-overt
             unto
             those
             places
             of
             publick
             defence
             ,
             but
             onely
             did
             inhibit
             the
             same
             in
             the
             smaller
             Villages
             and
             private
             places
             .
             In
             which
             respect
             ,
             although
             the
             Kings
             of
             this
             Nation
             in
             
             future
             times
             took
             leave
             to
             abolish
             that
             Restraint
             which
             did
             lie
             upon
             some
             of
             those
             more
             private
             places
             ,
             for
             certain
             reasons
             of
             State
             ;
             and
             so
             these
             places
             became
             Markets-overt
             ,
             which
             formerly
             were
             none
             :
             yet
             could
             they
             never
             take
             away
             that
             priviledge
             which
             Nature
             it self
             cast
             upon
             those
             greater
             Towns
             (
             being
             the
             very
             Limbs
             of
             the
             Kingdom
             )
             without
             wrong
             done
             to
             the
             common
             Right
             ,
             and
             the
             publick
             Good
             ;
             nor
             abridge
             them
             of
             that
             power
             ,
             but
             that
             they
             might
             still
             use
             their
             liberty
             at
             times
             and
             places
             within
             their
             Precinct
             ,
             as
             might
             best
             conduce
             with
             the
             benefit
             of
             the
             Inhabitants
             of
             those
             places
             ,
             even
             as
             any
             particular
             Free
             man
             may
             govern
             his
             own
             Estate
             as
             him
             liketh
             best
             .
             And
             thus
             upon
             the
             whole
             matter
             it
             is
             to
             be
             concluded
             ,
             that
             the
             ancient
             Burroughs
             of
             this
             Kingdom
             properly
             do
             not
             hold
             their
             liberty
             of
             Market-overt
             by
             Prescription
             or
             Charter
             ,
             but
             by
             common
             Right
             ;
             and
             not
             as
             a
             Corporation
             made
             by
             Charter
             ,
             but
             as
             they
             are
             a
             multitude
             of
             people
             anciently
             gathered
             together
             and
             united
             ,
             upon
             whom
             the
             strength
             and
             wealth
             of
             the
             Kingdom
             doth
             or
             did
             formerly
             much
             more
             depend
             ,
             than
             on
             any
             of
             the
             smaller
             Villages
             and
             open
             Towns
             ;
             even
             as
             every
             Free
             man
             possesseth
             and
             useth
             his
             proper
             Inheritance
             and
             Estate
             without
             particular
             priviledge
             derived
             from
             the
             Crown
             :
             Nor
             can
             the
             King
             take
             away
             the
             liberty
             of
             Market-overt
             from
             such
             places
             ,
             more
             than
             he
             can
             take
             away
             the
             liberty
             of
             buying
             and
             selling
             from
             any
             Free
             man
             ,
             to
             whom
             the
             Law
             alloweth
             a
             liberty
             of
             ownership
             .
             This
             I
             submit
             to
             the
             censure
             of
             the
             learned
             in
             the
             Laws
             ,
             in
             regard
             of
             the
             different
             opinions
             concerning
             the
             same
             .
          
           
             This
             liberty
             of
             Township
             thus
             made
             ,
             and
             the
             Place
             and
             People
             Inhabitants
             thereof
             being
             of
             such
             consequence
             in
             the
             publick
             administration
             ,
             had
             for
             their
             better
             support
             and
             safety
             liberty
             of
             Fortification
             ,
             
             and
             power
             to
             charge
             one
             another
             with
             the
             maintenance
             of
             the
             Fortifications
             by
             an
             imposition
             called
             Burghbote
             ;
             
             and
             held
             their
             Tenements
             under
             a
             Rent
             to
             their
             Lord
             or
             King
             called
             Burgage
             ,
             
             as
             they
             were
             a
             body
             aggregate
             .
          
        
         
           
             CHAP.
             XXXIV
             .
             Of
             the
             Forests
             .
          
           
             BEsides
             other
             Prerogatives
             of
             the
             Saxon
             Kings
             ,
             they
             had
             also
             a
             Franchise
             for
             wild
             Beasts
             for
             the
             Chase
             ,
             which
             we
             commonly
             call
             Forest
             ,
             being
             a
             precinct
             of
             ground
             neither
             parcel
             of
             the
             County
             ,
             nor
             the
             Diocess
             ,
             nor
             of
             the
             Kingdom
             ,
             but
             rather
             appendant
             thereunto
             .
             This
             savoured
             of
             the
             old
             German
             sport
             ,
             but
             by
             custom
             turned
             from
             sport
             to
             earnest
             :
             For
             although
             in
             the
             first
             times
             the
             Saxons
             were
             so
             few
             ,
             and
             the
             Country
             so
             spacious
             ,
             that
             they
             might
             allow
             the
             Beasts
             their
             Farm
             as
             well
             as
             themselves
             their
             own
             ;
             People
             nevertheless
             so
             multiplied
             ,
             as
             of
             necessity
             they
             must
             intercommon
             either
             with
             Beasts
             or
             Fishes
             :
             the
             former
             whereof
             ,
             however
             more
             cleanly
             ,
             yet
             the
             latter
             had
             the
             surest
             footing
             ,
             and
             was
             chosen
             as
             the
             least
             of
             two
             evils
             ,
             rather
             than
             for
             any
             likelihood
             of
             good
             Neighbourhood
             .
             For
             as
             Nature
             taught
             Beasts
             to
             prey
             for
             themselves
             ,
             so
             men
             to
             defend
             their
             own
             ;
             and
             this
             bred
             such
             a
             fewd
             between
             Beasts
             and
             men
             ,
             as
             that
             Kings
             doubting
             to
             lose
             their
             Game
             ,
             took
             in
             with
             the
             weaker
             ,
             that
             the
             world
             might
             see
             the
             happiness
             of
             England
             ,
             where
             Beasts
             enjoy
             their
             liberty
             as
             well
             as
             men
             .
             But
             this
             was
             ,
             as
             it
             were
             ,
             by
             compromise
             ;
             for
             it
             had
             been
             very
             hard
             to
             have
             pleased
             the
             
               Free
               men
            
             ,
             
             who
             had
             liberty
             of
             Game
             within
             their
             own
             ground
             by
             common
             Right
             ,
             
             and
             to
             preserve
             the
             Kings
             liberty
             of
             Forest
             co-incident
             therewith
             ,
             had
             not
             the
             King
             employed
             on
             the
             one
             side
             the
             power
             of
             a
             Dane
             that
             looked
             somewhat
             like
             a
             Conquerour
             ;
             and
             on
             the
             other
             side
             ,
             that
             which
             looked
             as
             like
             to
             the
             bounty
             of
             a
             King
             ,
             in
             allowing
             liberty
             of
             ownership
             to
             men
             inhabiting
             within
             the
             bounds
             of
             the
             Forest
             ,
             which
             at
             the
             first
             was
             set
             apart
             onely
             for
             the
             Kings
             pleasure
             :
             and
             all
             his
             wits
             to
             make
             a
             Law
             somewhat
             short
             of
             a
             full
             freedom
             ,
             and
             yet
             outreaching
             that
             of
             Bondage
             ,
             which
             we
             since
             have
             commended
             to
             posterity
             under
             the
             Forest-Charter
             .
             And
             yet
             for
             all
             that
             ,
             it
             proved
             a
             hard
             matter
             for
             Kings
             to
             hunt
             by
             Law
             ;
             and
             the
             Law
             it self
             is
             a
             Yoke
             somewhat
             too
             heavy
             for
             a
             Commonwealth
             to
             bear
             in
             old
             age
             ,
             if
             self-denying
             Majesty
             shall
             please
             to
             take
             it
             away
             .
          
        
         
           
             CHAP.
             XXXV
             .
             Concerning
             Judges
             in
             Courts
             of
             Justice
             .
          
           
             THus
             far
             of
             the
             several
             Tribes
             and
             numbers
             of
             this
             Commonwealth
             ,
             which
             like
             so
             many
             Conduit-heads
             ,
             derived
             the
             influence
             of
             Government
             through
             the
             whole
             body
             of
             this
             Island
             ;
             and
             in
             every
             of
             which
             ,
             Judiciary
             power
             acted
             it self
             in
             all
             Causes
             arising
             within
             the
             verge
             of
             that
             Precinct
             ;
             some
             of
             which
             had
             more
             extraordinary
             trial
             before
             the
             King
             and
             his
             Council
             of
             Lords
             ,
             according
             as
             the
             parties
             concerned
             were
             of
             greater
             degree
             ,
             or
             the
             Cause
             of
             more
             publick
             concernment
             .
             Examples
             hereof
             are
             the
             Cases
             between
             the
             Bishop
             of
             Winchester
             and
             Leoftin
             in
             
             Aetheldred's
             time
             ,
             and
             between
             the
             two
             Bishops
             of
             Winchester
             and
             Durham
             in
             
             Edward's
             time
             :
             But
             custom
             made
             this
             Court
             stoop
             to
             smaller
             game
             in
             latter
             times
             ,
             and
             to
             reach
             at
             the
             practice
             of
             the
             County-Court
             ,
             by
             sending
             the
             Kings
             Writs
             to
             remove
             certain
             Causes
             from
             the
             cognizance
             of
             those
             rural
             Judicatories
             to
             their
             sublime
             determination
             .
             
             And
             thus
             became
             the
             
               Council
               of
               Lords
            
             as
             an
             Oracle
             to
             the
             whole
             Nation
             ;
             and
             the
             King
             amongst
             the
             rest
             ,
             as
             the
             Priest
             that
             many
             times
             rendred
             the
             Answer
             or
             Sentence
             of
             that
             Oracle
             in
             his
             own
             sense
             ,
             and
             had
             it
             confirmed
             to
             him
             by
             an
             Oath
             
               se
               judicium
               rectum
               in
               Regno
               facturum
               ,
            
             
             
               &
               justitiam
               per
               concilium
               procerum
               regni
               sui
               tenturum
            
             ;
             so
             as
             ,
             though
             he
             was
             the
             first
             in
             view
             ,
             yet
             the
             
               Council
               of
               Lords
            
             was
             the
             first
             in
             nature
             ,
             and
             the
             Cynosure
             to
             direct
             his
             tongue
             and
             actions
             .
          
           
             From
             this
             Fountain
             issued
             also
             streams
             of
             Judicature
             into
             all
             parts
             by
             Judges
             itinerant
             under
             the
             Kings
             Commission
             ,
             
             to
             reform
             errors
             ,
             punish
             defaults
             in
             the
             ordinary
             rural
             Judicatories
             ,
             and
             to
             dissolve
             hard
             and
             knotty
             Cases
             ;
             and
             these
             were
             occasioned
             at
             the
             instance
             of
             the
             party
             :
             and
             Alfred
             (
             whose
             birth
             this
             was
             )
             sent
             them
             forth
             in
             way
             of
             Association
             with
             the
             Sheriff
             ,
             Lord
             of
             the
             Fee
             ,
             or
             other
             ordinary
             Magistrate
             .
          
        
         
           
           
             CHAP.
             XXXVI
             .
             Of
             the
             Proceedings
             in
             Judicature
             by
             Indictment
             ,
             Appeal
             ,
             Presentment
             ,
             and
             Action
             .
          
           
             FOr
             the
             proceedings
             in
             course
             ,
             the
             Saxons
             were
             wont
             to
             begin
             with
             matters
             belonging
             to
             the
             Church
             ,
             and
             afterward
             to
             Secular
             causes
             ;
             in
             which
             if
             the
             matters
             were
             criminal
             ,
             the
             most
             ancient
             way
             of
             proceeding
             was
             by
             Appeal
             of
             the
             party
             complaining
             .
             But
             afterward
             in
             cases
             that
             concerned
             Damage
             ,
             Injury
             ,
             or
             Violence
             done
             to
             the
             Body
             of
             a
             man
             or
             his
             Estate
             ,
             the
             King
             was
             found
             to
             be
             therein
             prejudiced
             ,
             besides
             the
             prejudice
             immediately
             done
             to
             the
             Subject
             :
             for
             a
             man
             disabled
             in
             Body
             or
             Estate
             ,
             is
             disabled
             to
             serve
             the
             King
             and
             the
             Publick
             ;
             and
             upon
             this
             ground
             a
             way
             was
             found
             out
             to
             punish
             the
             offender
             by
             Indictment
             ,
             
             besides
             the
             satisfaction
             done
             to
             the
             party
             wronged
             .
             
             The
             proceedings
             against
             such
             Delinquents
             were
             by
             attachment
             of
             the
             party
             ,
             who
             thereupon
             ,
             gave
             Pledges
             for
             his
             appearance
             .
             If
             the
             party
             could
             not
             be
             found
             ,
             a
             
               fugam
               fecit
            
             was
             returned
             ,
             and
             that
             was
             a
             conviction
             in
             Law
             ;
             and
             pursuit
             was
             made
             after
             the
             party
             by
             Huy
             and
             Cry.
             If
             he
             was
             thereby
             taken
             ,
             the
             ancient
             way
             was
             that
             of
             
             Hallifax-Law
             ;
             but
             in
             latter
             times
             he
             was
             imprisoned
             ,
             
             or
             admitted
             to
             Bail
             if
             the
             offences
             were
             bailable
             :
             and
             if
             the
             party
             bailed
             made
             default
             ,
             
             or
             did
             not
             abide
             the
             Trial
             ,
             his
             Bail
             suffered
             as
             Principal
             .
             
             If
             no
             Bail
             could
             be
             procured
             ,
             the
             Delinquent
             was
             imprisoned
             till
             he
             was
             legally
             acquitted
             ;
             
             but
             this
             imprisonment
             was
             only
             in
             nature
             of
             restraint
             .
             
             If
             the
             Delinquent
             was
             found
             upon
             the
             Huy
             and
             Cry
             ,
             and
             would
             not
             yield
             himself
             ,
             
             he
             was
             in
             repute
             a
             common
             Enemy
             ,
             
             and
             (
             as
             a
             Wolf
             )
             any
             man
             might
             kill
             him
             ;
             
             as
             the
             Law
             was
             also
             the
             same
             in
             case
             of
             Vtlary
             .
             
             At
             the
             time
             of
             tryal
             (
             if
             at
             the
             Kings
             suit
             )
             the
             Delinquent
             was
             indicted
             in
             this
             manner
             by
             any
             party
             present
             .
             I
             D.
             C.
             
               do
               say
               for
               the
               King
               ,
               that
            
             I.
             S.
             
               is
               defamed
               by
               good
               men
               ;
               that
               he
               upon
               —
               day
               of
            
             —
             &c.
             
               into
               the
               House
               and
               Goods
               of
               —
               did
               cast
               fire
               ,
               and
               the
               same
               did
               burn
               :
            
             or
             ,
             (
             if
             it
             were
             for
             Bloodshed
             )
             
               with
               a
               Sword
               did
               strike
               and
               wound
               him
               in
               the
               left
               arm
               ,
               and
               that
               this
               was
               done
               Feloniously
               ,
            
             or
             ,
             (
             if
             the
             case
             required
             )
             
               Traiterously
               :
               and
               if
            
             I.
             S.
             
               deny
               the
               same
               ,
               I
               will
               for
               the
               King
               prove
               the
               matter
               against
               him
               ,
               as
               the
               King
               ought
               to
               do
               ,
            
             that
             is
             to
             say
             ,
             by
             Witnesses
             ,
             and
             Twelve
             men
             .
             But
             if
             the
             complaint
             was
             at
             the
             suit
             of
             the
             party
             ,
             
             then
             the
             Prosecutor
             sued
             him
             upon
             Appeal
             ,
             in
             manner
             following
             :
             I.
             C.
             appealeth
             D.
             H.
             
               here
               present
               ,
               for
               that
            
             E.
             
               Father
               ,
               Brother
               ,
               Son
               ,
               or
               Vncle
            
             (
             according
             as
             the
             case
             was
             )
             to
             I.
             C.
             
               being
               in
               the
               peace
               of
               God
               ,
               and
               of
               our
               Soveraign
               Lord
               the
               King
               ,
               at
               the
               dwelling
               house
               of
            
             E.
             at
             —
             &c.
             
               the
               said
            
             D.
             H.
             
               upon
               the
               —
               day
               of
               —
               in
               the
               —
               year
               of
               —
               with
               a
               Sword
               made
               a
               Wound
               of
               two
               inches
               long
               ,
               and
               six
               inches
               deep
               ,
               in
               the
               left
               pap
               of
               the
               body
               of
               the
               said
            
             E.
             
               whereof
               he
               died
               ;
               and
               this
               was
               done
               Feloniously
               ,
               and
               of
               Malice
               forethought
               .
               And
               if
               the
               said
            
             D.
             H.
             
               shall
               deny
               the
               same
               ,
               the
               said
            
             I.
             C.
             
               is
               ready
               to
               prove
               the
               same
               against
               him
               in
               his
               body
               ,
               or
               as
               a
               Monk
               ,
               Woman
               ,
               or
               Clerk
               ,
               behoveth
               to
               prove
               the
               same
            
             ;
             that
             is
             ,
             by
             Champion
             ;
             for
             neither
             
               Monk
               ,
               Woman
            
             ,
             nor
             Clerk
             was
             by
             Law
             to
             justifie
             by
             Battle
             in
             their
             own
             person
             .
             The
             several
             causes
             of
             Appeal
             and
             Indictment
             may
             be
             found
             in
             the
             Law-books
             ,
             to
             whom
             I
             refer
             the
             Reader
             ,
             it
             not
             being
             within
             the
             compass
             of
             this
             Discourse
             to
             fall
             upon
             the
             particulars
             .
             I
             shall
             onely
             observe
             the
             difference
             between
             Indictments
             former
             and
             latter
             ,
             and
             
             between
             them
             and
             
               Appeals
               ,
               viz.
            
             that
             Appeals
             are
             positive
             Accusations
             in
             the
             name
             of
             the
             Prosecutor
             of
             the
             fact
             done
             by
             the
             party
             appealed
             ;
             whereas
             Indictments
             were
             onely
             a
             publication
             or
             affirmation
             of
             the
             same
             of
             a
             fact
             done
             by
             the
             party
             indicted
             ,
             and
             wherein
             Not
             guilty
             pleaded
             ,
             served
             onely
             as
             in
             nature
             of
             a
             Quere
             ,
             to
             usher
             in
             the
             votes
             of
             the
             Freemen
             concerning
             the
             fact
             .
          
           
             Secondly
             ,
             the
             difference
             between
             former
             Indictments
             from
             these
             in
             these
             days
             ,
             consists
             in
             this
             ,
             that
             the
             ancient
             Indictments
             were
             in
             the
             name
             of
             one
             man
             ;
             those
             of
             the
             later
             sort
             are
             in
             the
             name
             of
             the
             Jury
             ;
             and
             the
             former
             were
             onely
             of
             a
             same
             ,
             the
             later
             ,
             of
             the
             fact
             .
          
           
             A
             third
             way
             of
             bringing
             Controversies
             unto
             judgement
             ,
             
             concerned
             onely
             such
             matters
             as
             were
             of
             less
             consequence
             ;
             and
             these
             were
             introduced
             by
             way
             of
             Presentment
             ,
             
             in
             the
             name
             or
             behalf
             of
             the
             King
             ,
             in
             nature
             of
             a
             positive
             Accusation
             of
             one
             for
             a
             Crime
             ,
             first
             laid
             down
             generally
             ,
             and
             then
             asserted
             by
             a
             particular
             fact
             ,
             in
             this
             manner
             :
             
               I
               say
               ,
               for
               our
               Soveraign
               Lord
               the
               King
               ,
               That
            
             H.
             
               here
               is
               perjured
               ,
               and
               hath
               broken
               saith
               against
               the
               King
               ;
               because
               ,
               whereas
            
             H.
             
               is
               or
               was
               Chancellour
               of
               the
               King
               ,
               and
               was
               sworn
               that
               he
               would
               not
               sell
               Right
               ,
               or
               any
               remedial
               Writ
               to
               any
               one
               :
               yet
               upon
               the
               —
               day
               of
            
             —
             &c.
             
               he
               sold
               to
            
             B.
             
               a
               Writ
               of
               Attaint
               ,
               and
               would
               not
               grant
               the
               same
               under
               half
               a
               Mark.
            
             So
             as
             the
             difference
             between
             an
             Indictment
             and
             Presentment
             in
             those
             days
             was
             onely
             in
             the
             degree
             of
             the
             Crime
             for
             which
             the
             party
             Delinquent
             was
             accused
             ,
             and
             in
             the
             manner
             of
             conclusion
             of
             the
             Presentment
             ,
             which
             was
             without
             Averment
             .
          
           
             The
             last
             way
             of
             Trials
             concerns
             such
             offences
             that
             exceed
             not
             the
             nature
             of
             Trespass
             done
             to
             a
             mans
             Person
             or
             his
             Goods
             ;
             
             and
             this
             was
             by
             way
             of
             Action
             ,
             
             and
             it
             was
             to
             obtain
             recompence
             for
             Damage
             sustained
             .
             Now
             because
             the
             former
             were
             called
             
               Personal
               Trespasses
            
             ,
             the
             Process
             was
             by
             attachment
             of
             the
             Person
             ;
             who
             thereupon
             put
             in
             Bail
             ,
             or
             else
             his
             Person
             was
             secured
             by
             imprisonment
             till
             Trial
             ,
             and
             satisfaction
             made
             .
             But
             in
             the
             later
             that
             concerned
             the
             reality
             ,
             
             Three
             Summons
             went
             forth
             in
             the
             Hundred-Court
             ;
             
             and
             if
             default
             were
             made
             ,
             complaint
             thereof
             ensued
             in
             the
             County-Court
             ,
             and
             thence
             issued
             forth
             a
             Distringas
             ;
             and
             if
             the
             Defendant
             still
             persisted
             in
             declining
             his
             appearance
             ,
             the
             Distress
             was
             forfeited
             ,
             and
             a
             Summons
             issued
             upon
             the
             Land.
             If
             then
             the
             Defendant
             would
             not
             appear
             ,
             or
             upon
             appearance
             would
             not
             give
             Pledges
             to
             abide
             Judgement
             ,
             his
             whole
             Land
             was
             seized
             for
             the
             benefit
             of
             the
             King
             ,
             of
             the
             Lord
             of
             the
             Hundred
             ,
             and
             of
             the
             Complainant
             ,
             because
             he
             had
             offended
             against
             all
             three
             .
             But
             if
             the
             party
             appeared
             in
             former
             times
             ,
             he
             answered
             forthwith
             ,
             and
             Judgement
             passed
             without
             delay
             ,
             as
             hath
             been
             said
             ;
             unless
             in
             urgent
             cases
             ,
             where
             the
             matter
             was
             raw
             ;
             and
             then
             it
             was
             adjourned
             ,
             and
             Pledges
             given
             by
             the
             Defendant
             to
             the
             full
             value
             ,
             
             after
             the
             custom
             of
             the
             Athenians
             ;
             and
             if
             the
             Defendant
             made
             Default
             at
             the
             day
             ,
             his
             Pledges
             were
             forfeited
             .
             But
             in
             after-times
             ,
             for
             better
             and
             more
             advised
             proceeding
             ,
             the
             Defendant
             was
             admitted
             to
             his
             Essoines
             ;
             yet
             with
             a
             Proviso
             ,
             that
             no
             Essoine
             should
             be
             allowed
             for
             above
             Fifteen
             days
             ;
             
             and
             this
             was
             the
             direction
             of
             King
             Alfred
             .
          
           
             In
             the
             answer
             of
             the
             Defendant
             ,
             he
             either
             traversed
             the
             matter
             in
             fact
             ,
             or
             confessed
             and
             justified
             ,
             
             or
             confessed
             and
             submitted
             .
             The
             first
             put
             the
             matter
             to
             the
             judgement
             of
             the
             Freemen
             ;
             the
             second
             to
             the
             judgement
             of
             the
             Judge
             ;
             the
             third
             to
             the
             discretion
             of
             the
             Complainant
             ,
             whereby
             the
             Defendant
             generally
             found
             mercy
             ,
             and
             in
             case
             of
             Trespass
             ,
             rendred
             less
             
             damage
             .
             I
             find
             no
             footsteps
             in
             those
             times
             of
             Dilatorypleas
             ,
             or
             Demurrer
             ,
             or
             other
             delays
             ,
             unless
             in
             case
             of
             infancy
             ;
             for
             the
             Saxons
             knew
             no
             other
             age
             of
             ability
             to
             do
             or
             suffer
             ,
             but
             the
             age
             above
             One
             and
             twenty
             years
             :
             and
             in
             
             Alfred's
             time
             a
             Judge
             suffered
             death
             for
             passing
             Sentence
             of
             death
             upon
             one
             under
             that
             age
             .
             Albeit
             the
             Canonists
             had
             in
             those
             days
             brought
             into
             custom
             other
             ages
             of
             ability
             in
             matters
             concerning
             Marriage
             ;
             
             although
             it
             may
             well
             be
             thought
             that
             it
             requireth
             no
             less
             maturity
             to
             manage
             the
             affairs
             of
             a
             married
             life
             ,
             than
             to
             discern
             the
             nature
             and
             difference
             of
             manners
             ,
             especially
             in
             case
             of
             crimes
             ,
             which
             are
             contrary
             to
             the
             very
             light
             of
             nature
             .
          
        
         
           
             CHAP.
             XXXVII
             .
             Of
             the
             several
             manners
             of
             extraordinary
             trial
             by
             Torture
             ,
             Ordeale
             ,
             Compurgators
             ,
             and
             Battle
             .
          
           
             EVidence
             of
             the
             matter
             in
             fact
             ,
             upon
             trial
             of
             Causes
             in
             the
             Saxon
             Judicatory
             ,
             sometimes
             consisted
             in
             the
             pregnant
             testimony
             of
             the
             Fact
             it self
             ,
             
             and
             sometimes
             in
             the
             testimony
             of
             some
             Circumstances
             .
             The
             first
             was
             an
             unquestionable
             ground
             of
             conviction
             ;
             the
             second
             was
             too
             weak
             to
             command
             the
             Verdict
             ,
             although
             sometimes
             it
             perswaded
             it
             ;
             and
             therefore
             those
             incompassionate
             times
             found
             out
             a
             trick
             of
             extorted
             confession
             ,
             by
             torture
             of
             the
             party
             ,
             following
             the
             principles
             of
             passion
             therein
             ,
             rather
             than
             sober
             judgement
             ;
             for
             circumstances
             are
             sufficient
             to
             irritate
             the
             hearts
             of
             those
             that
             are
             passionate
             ;
             and
             where
             Jealousie
             is
             once
             entred
             ,
             there
             's
             no
             place
             for
             sparing
             ,
             be
             the
             matter
             never
             so
             untrue
             .
             Yet
             I
             do
             not
             find
             any
             Law
             amongst
             the
             Saxons
             to
             patronize
             this
             fashion
             of
             conviction
             ;
             albeit
             it
             seemeth
             it
             was
             practised
             ,
             for
             Alfred
             the
             King
             punished
             one
             of
             his
             Judges
             with
             death
             for
             passing
             Sentence
             upon
             an
             extorted
             confession
             by
             Torture
             before
             the
             Corner
             .
             
             And
             possibly
             it
             might
             be
             gained
             from
             the
             Lacedemonians
             ,
             although
             little
             to
             the
             praise
             of
             their
             Greekish
             wisdom
             in
             that
             particular
             :
             Seeing
             that
             in
             all
             reason
             it
             must
             be
             supposed
             ,
             that
             Fear
             and
             Grief
             will
             enforce
             Flattery
             upon
             the
             Tormentor
             ,
             as
             well
             as
             Self-love
             draw
             forth
             Flattery
             to
             the
             Benefactor
             .
          
           
             A
             second
             sort
             of
             Evidence
             was
             that
             of
             Ordeale
             ,
             
             being
             also
             grounded
             upon
             a
             pre-conceit
             or
             suspicion
             :
             the
             manner
             hereof
             was
             divers
             .
             The
             thing
             seemeth
             to
             be
             the
             birth
             of
             the
             Brain
             of
             some
             Church-man
             ,
             who
             had
             read
             of
             the
             
               cursed
               Water
            
             .
             The
             first
             mention
             that
             I
             find
             thereof
             was
             at
             the
             Council
             of
             Mentz
             ,
             
             and
             afterwards
             in
             the
             Council
             of
             Triers
             ;
             but
             not
             a
             footstep
             thereof
             in
             this
             Kingdom
             till
             by
             Aethelstan
             it
             was
             advanced
             into
             the
             degree
             of
             a
             Law
             ;
             after
             which
             time
             it
             continued
             in
             use
             well
             nigh
             Three
             hundred
             years
             .
             A
             strange
             monument
             of
             God's
             idulgency
             to
             an
             ignorant
             Age
             thus
             turning
             extraordinary
             to
             ordinary
             ,
             for
             the
             clearing
             of
             innocency
             ;
             and
             (
             which
             is
             no
             less
             wonderful
             )
             allowing
             in
             those
             times
             unto
             men
             under
             nature
             such
             a
             power
             over
             themselves
             ,
             as
             to
             adventure
             against
             nature
             .
             Doubtless
             that
             man
             or
             woman
             was
             of
             a
             daring
             spirit
             that
             first
             tried
             the
             trick
             ,
             if
             he
             had
             not
             a
             miraculous
             faith
             in
             that
             promise
             ,
             
               Cum
               ambulaveris
               per
               ignem
            
             ,
             &c.
             and
             it
             shewed
             metal
             in
             them
             that
             followed
             the
             example
             .
             But
             the
             next
             age
             grew
             dull
             ,
             
             and
             men
             being
             
             weary
             of
             such
             bane-touches
             ,
             the
             Clergy
             that
             cried
             it
             up
             ,
             their
             successours
             cried
             it
             down
             ,
             and
             so
             devoured
             their
             own
             birth
             without
             any
             difficulty
             ,
             other
             than
             a
             bare
             injunction
             of
             a
             King
             ,
             
             that
             had
             power
             to
             command
             onely
             such
             as
             would
             obey
             .
          
           
             But
             where
             fame
             was
             yet
             more
             slight
             ,
             
             and
             springing
             rather
             from
             want
             of
             charity
             and
             misapprehension
             ,
             than
             promising
             circumstances
             ,
             men
             were
             wont
             to
             be
             contented
             with
             a
             
               voier
               Dire
            
             ,
             or
             the
             Oath
             of
             the
             party
             suspected
             ,
             and
             the
             concurrent
             testimony
             of
             other
             men
             :
             The
             first
             attesting
             his
             own
             innocency
             ,
             the
             other
             contesting
             their
             Consciences
             of
             the
             truth
             of
             the
             former
             testimony
             ;
             and
             therefore
             were
             ,
             and
             still
             are
             called
             Compurgators
             .
             Their
             number
             was
             more
             or
             less
             ,
             and
             of
             greater
             or
             less
             value
             ,
             according
             as
             the
             offence
             or
             the
             party
             suspected
             was
             of
             greater
             or
             less
             concernment
             .
             This
             manner
             of
             trial
             was
             of
             ancient
             use
             ,
             
             and
             both
             it
             and
             that
             Ordeale
             under
             the
             directory
             of
             the
             Clergie
             ;
             yet
             this
             was
             the
             ancienter
             by
             Three
             hundred
             years
             ,
             
             and
             first
             brought
             into
             this
             Nation
             by
             the
             Council
             at
             Berghamsted
             under
             Bertwald
             Archibishop
             of
             Canterbury
             .
             
             And
             it
             was
             performed
             sometimes
             more
             solemnly
             by
             solemn
             receiving
             of
             the
             Eucharist
             ,
             especially
             if
             the
             person
             suspected
             was
             of
             the
             sacred
             Function
             .
          
           
             One
             manner
             of
             trial
             yet
             remains
             ,
             
             which
             was
             used
             both
             in
             trial
             of
             matters
             of
             Crime
             and
             Title
             ;
             and
             it
             is
             the
             trial
             by
             Battle
             ,
             which
             was
             in
             criminal
             matters
             with
             sharp
             Weapons
             ;
             but
             in
             titulary
             matters
             with
             blunt
             Weapons
             .
             No
             Defendant
             could
             refuse
             Battle
             offered
             ,
             but
             such
             as
             were
             too
             excellent
             ,
             as
             the
             King
             ;
             or
             too
             sacred
             ,
             as
             the
             Clergie
             ;
             or
             too
             weak
             ,
             as
             
               Women
               ,
               Maimed
               persons
            
             ,
             and
             Children
             ;
             or
             too
             inscient
             ,
             as
             Ideots
             and
             Lunaticks
             ;
             or
             too
             mean
             ,
             as
             Villains
             .
             And
             as
             these
             were
             not
             necessitated
             to
             answer
             in
             Battle
             ,
             so
             was
             no
             Freeman
             compelled
             to
             answer
             them
             by
             Battle
             .
             
             This
             way
             was
             an
             old
             way
             ,
             as
             may
             appear
             by
             the
             conclusion
             of
             Appeals
             ,
             and
             seemeth
             more
             satisfactory
             than
             that
             of
             Ordeale
             ;
             because
             this
             rested
             upon
             the
             Consciences
             both
             of
             Appellant
             and
             Defendant
             ;
             whereas
             Ordeale
             rested
             onely
             upon
             the
             single
             Conscience
             of
             the
             Defendant
             ,
             which
             oftentimes
             was
             rather
             hardy
             than
             innocent
             .
             And
             the
             continuance
             of
             this
             trial
             in
             title
             ,
             even
             at
             this
             day
             ,
             shews
             that
             men
             can
             away
             with
             this
             ,
             and
             that
             there
             is
             not
             evil
             sufficient
             in
             it
             to
             eradicate
             this
             weed
             ,
             although
             it
             be
             kept
             under
             ground
             ;
             and
             experience
             shews
             ,
             that
             Right
             and
             Victory
             always
             do
             not
             concur
             .
          
        
         
           
             CHAP.
             XXXVIII
             .
             Of
             the
             ordinary
             manner
             of
             Trial
             amongst
             the
             Saxons
             by
             Inquest
             .
          
           
             THe
             last
             and
             most
             ordinary
             way
             of
             trial
             was
             by
             Witnesses
             (
             upon
             traverse
             of
             the
             matter
             in
             Fact
             )
             before
             the
             Jurors
             ,
             
             and
             their
             votes
             thereupon
             :
             this
             made
             the
             Verdict
             ,
             and
             it
             determined
             the
             matter
             in
             fact
             .
             In
             former
             time
             questionless
             it
             was
             a
             confused
             manner
             of
             trial
             ,
             by
             Votes
             of
             the
             whole
             multitude
             ;
             which
             made
             the
             Verdict
             hard
             to
             be
             discerned
             :
             But
             time
             taught
             them
             better
             advice
             ,
             to
             bring
             the
             Voters
             to
             a
             certain
             number
             ,
             according
             to
             the
             Grecian
             way
             ,
             who
             determined
             controversies
             by
             the
             suffrages
             of
             Four
             and
             thirty
             ,
             
             or
             the
             Major
             part
             of
             them
             .
             But
             
             how
             the
             number
             came
             to
             be
             reduced
             to
             Twelve
             ,
             I
             cannot
             conjecture
             ,
             unless
             in
             imitation
             of
             that
             rule
             of
             Compurgators
             ,
             that
             ordinarily
             exceeded
             not
             that
             number
             .
             The
             first
             Law
             that
             defined
             this
             number
             ,
             was
             that
             of
             Aetheldred
             ,
             about
             three
             hundred
             years
             before
             the
             Conquest
             .
             
               In
               singulis
               Centuriis
            
             ,
             
             &c.
             In
             English
             thus
             :
             
               In
               every
               Century
               or
               Hundred
               let
               there
               be
               a
               Court
               ;
               and
               let
               Twelve
               ancient
               Freemen
               ,
               together
               with
               the
               Lord
               of
               the
               Hundred
               ,
               be
               sworn
               that
               they
               will
               not
               condemn
               the
               Innocent
               ,
               nor
               acquit
               the
               Guilty
               .
            
             And
             this
             was
             so
             strictly
             eyed
             ,
             
             that
             Alfred
             put
             one
             of
             his
             Judges
             to
             death
             for
             passing
             Sentence
             upon
             a
             Verdict
             corruptly
             obtained
             ,
             upon
             the
             votes
             of
             the
             Jurors
             ,
             whereof
             Three
             of
             the
             Twelve
             were
             in
             the
             Negative
             .
             And
             the
             same
             King
             put
             another
             of
             his
             Judges
             to
             death
             ,
             for
             passing
             sentence
             of
             death
             upon
             an
             Ignoramus
             returned
             by
             the
             Jury
             .
             And
             a
             third
             ,
             for
             condemning
             a
             man
             upon
             an
             Inquest
             taken
             
               ex
               officio
            
             ,
             whenas
             the
             Delinquent
             had
             not
             put
             himself
             upon
             their
             trial
             .
          
           
             But
             the
             Saxons
             were
             more
             careful
             of
             the
             credit
             and
             life
             of
             man
             ,
             
             for
             no
             mans
             life
             or
             credit
             rested
             altogether
             upon
             the
             cast
             of
             Twelve
             opinions
             :
             but
             first
             Twelve
             men
             enquired
             of
             the
             fame
             and
             ground
             thereof
             ;
             which
             if
             liked
             ,
             rendred
             the
             party
             under
             the
             spot
             of
             delinquency
             ,
             and
             meet
             to
             be
             looked
             upon
             as
             under
             the
             suspition
             of
             the
             Law
             ,
             who
             formerly
             was
             but
             under
             the
             suspition
             of
             some
             particular
             man.
             And
             then
             was
             a
             second
             enquiry
             of
             the
             fact
             ,
             if
             the
             party
             traversed
             the
             vote
             of
             Fame
             .
             In
             both
             which
             trials
             the
             Verdict
             grounded
             it self
             upon
             those
             allegata
             and
             probata
             which
             were
             before
             them
             .
             The
             first
             of
             these
             enquiries
             was
             before
             the
             Coroner
             ,
             who
             ,
             even
             in
             these
             old
             days
             ,
             had
             the
             view
             of
             Bloodshed
             .
             The
             second
             was
             had
             before
             the
             Judge
             of
             life
             and
             death
             :
             neither
             of
             which
             could
             legally
             indamage
             the
             party
             without
             the
             other
             ,
             unless
             the
             Judge
             meaned
             to
             answer
             it
             with
             the
             peril
             of
             his
             own
             person
             and
             Estate
             ;
             as
             it
             befel
             in
             
             Alfred's
             time
             ,
             when
             a
             Judge
             suffered
             death
             for
             passing
             Sentence
             upon
             the
             Coroners
             onely
             Record
             ;
             unto
             which
             a
             Replication
             is
             allowed
             ,
             
             as
             the
             Book
             saith
             .
             And
             another
             Judge
             had
             the
             same
             measure
             for
             condemning
             one
             without
             Appeal
             or
             Indictment
             foregoing
             .
             Where
             ,
             by
             the
             way
             ,
             I
             might
             note
             another
             difference
             between
             Appeals
             and
             Indictments
             in
             this
             ;
             
             that
             Appeals
             were
             and
             are
             the
             more
             speedy
             Trials
             than
             Indictments
             ,
             inasmuch
             as
             the
             former
             were
             but
             one
             act
             ,
             the
             latter
             two
             .
          
           
             And
             yet
             time
             and
             experience
             refined
             this
             way
             of
             trial
             into
             a
             more
             excellent
             condition
             :
             
             For
             the
             bloody
             times
             of
             the
             Saxons
             first
             age
             passing
             over
             ,
             and
             peace
             arising
             by
             degrees
             ,
             they
             ,
             together
             with
             the
             Britons
             ,
             began
             to
             intercommon
             ,
             and
             about
             the
             Marches
             became
             a
             mixt
             people
             under
             a
             mixture
             of
             Government
             and
             Laws
             ,
             as
             hath
             been
             already
             noted
             .
             Amongst
             which
             one
             concerned
             their
             way
             of
             trial
             of
             matters
             in
             fact
             by
             a
             Jury
             mixt
             both
             of
             Britons
             and
             Saxons
             ,
             which
             was
             setled
             by
             a
             Law
             made
             by
             
               Aetheldred
               .
               Viri
               sint
            
             ,
             &c.
             In
             English
             thus
             :
             
               Let
               there
               be
               Twelve
               men
               of
               understanding
               in
               the
               Law
               ,
               six
               of
               them
            
             English
             ,
             
               and
               six
            
             Welch
             ,
             
             
               and
               let
               them
               deal
               Justice
               both
               to
            
             English
             and
             Welch
             .
             The
             equity
             of
             this
             Law
             in
             future
             ages
             spread
             it self
             into
             all
             Trials
             of
             Forreigners
             in
             every
             place
             throughout
             this
             Island
             .
             Unto
             such
             as
             stumble
             at
             this
             conceit
             ,
             because
             they
             are
             said
             to
             be
             
               aetate
               superiores
            
             ,
             and
             
               jure
               consulti
            
             ,
             I
             shall
             onely
             note
             thus
             much
             ;
             That
             it
             is
             not
             to
             be
             doubted
             ,
             but
             the
             work
             of
             Jurors
             required
             chief
             men
             both
             for
             experience
             and
             knowledge
             in
             the
             customs
             of
             those
             times
             ,
             to
             enable
             them
             to
             judge
             of
             the
             matter
             in
             fact
             ;
             and
             upon
             whose
             judgement
             the
             Life
             and
             Death
             of
             the
             party
             rested
             principally
             :
             And
             as
             probable
             it
             is
             ,
             that
             those
             Jurors
             ,
             as
             they
             were
             then
             chief
             men
             ,
             so
             they
             sate
             in
             the
             most
             eminent
             
             place
             of
             the
             Assembly
             or
             Court
             ,
             and
             were
             
               co
               assessors
            
             with
             the
             Bishop
             and
             Sheriff
             ,
             who
             did
             serve
             but
             onely
             to
             advise
             the
             rest
             ;
             and
             they
             ,
             or
             one
             of
             them
             to
             publish
             the
             Sentence
             which
             the
             Law
             predetermined
             .
             And
             this
             chief
             place
             the
             Jurors
             might
             have
             possessed
             at
             this
             day
             ,
             as
             they
             do
             in
             Sweden
             ,
             had
             the
             chief
             men
             holden
             the
             service
             still
             worthy
             of
             their
             attendance
             .
          
           
             But
             great
             men
             grew
             too
             great
             in
             their
             own
             esteem
             for
             the
             service
             of
             their
             Country
             ,
             
             betaking
             themselves
             to
             serve
             themselves
             ;
             and
             matters
             of
             highest
             employment
             were
             left
             to
             those
             of
             the
             meaner
             condition
             ;
             who
             being
             in
             their
             own
             persons
             of
             less
             admiration
             ,
             were
             thought
             unmeet
             to
             sit
             in
             such
             eminent
             places
             ,
             and
             so
             from
             the
             Bench
             descended
             to
             the
             Floor
             ,
             as
             at
             this
             day
             .
             This
             disidiousness
             of
             the
             greater
             sort
             made
             one
             step
             further
             to
             the
             full
             perfection
             of
             that
             manner
             of
             Trial
             both
             of
             the
             Persons
             and
             Estates
             of
             the
             English
             ,
             which
             hath
             been
             the
             envy
             of
             other
             Nations
             ,
             and
             is
             called
             the
             trial
             
               per
               Pares
            
             ,
             or
             by
             Peers
             .
             For
             the
             pride
             of
             the
             Danes
             (
             now
             growing
             into
             one
             people
             with
             the
             Saxons
             )
             not
             enduring
             such
             fellowship
             with
             the
             mean
             
             Saxon-freemen
             in
             this
             publick
             service
             ;
             and
             the
             wise
             Saxon
             King
             espying
             the
             danger
             in
             betrusting
             the
             Lives
             and
             Estates
             of
             the
             poorest
             sort
             unto
             the
             dictate
             of
             these
             superbient
             humours
             ;
             and
             on
             the
             contrary
             in
             prostituting
             the
             Nobler
             blood
             upon
             the
             vote
             of
             the
             inferiour
             rank
             of
             men
             ,
             provided
             a
             third
             way
             ,
             and
             by
             agreement
             between
             him
             and
             Gunthurne
             the
             Dane
             ,
             setled
             the
             Law
             of
             
               Peers
               .
               Si
               minister
               regius
            
             ,
             
             &c.
             
             
               If
               a
               Lord
               or
               a
               Baron
               be
               accused
               of
               Homicide
               ,
               he
               shall
               be
               acquitted
               by
               Twelve
               Lords
               :
               but
               if
               of
               inferiour
               rank
               ,
               he
               shall
               be
               acquitted
               by
               Eleven
               of
               his
               Equals
               and
               one
               Lord.
            
             Thus
             Gods
             providence
             disposed
             of
             the
             pride
             of
             men
             ,
             to
             be
             an
             instrument
             of
             its
             own
             restraint
             :
             For
             the
             great
             men
             ,
             ere
             they
             were
             aware
             ,
             hereby
             lost
             one
             of
             the
             fairest
             Flowers
             of
             their
             Garland
             ,
             viz.
             the
             Judicature
             ,
             or
             rather
             the
             mastership
             of
             the
             Life
             or
             Death
             of
             the
             meaner
             sort
             ;
             and
             thereby
             a
             fair
             opportunity
             of
             containing
             them
             for
             ever
             under
             their
             awe
             .
             And
             no
             less
             remarkable
             was
             the
             benefit
             that
             redounded
             to
             this
             Nation
             hereby
             ;
             for
             had
             the
             great
             men
             holden
             this
             power
             ,
             as
             once
             they
             had
             it
             ,
             it
             might
             soon
             have
             endangered
             the
             liberty
             of
             the
             Freemen
             ,
             and
             thereby
             been
             destructive
             to
             the
             Fundamental
             Constitution
             of
             the
             Government
             of
             this
             Realm
             ,
             which
             consisteth
             in
             the
             just
             and
             equal
             participation
             of
             these
             Priviledges
             ,
             wherein
             all
             are
             equally
             concerned
             .
             This
             was
             the
             trial
             wherein
             the
             people
             of
             this
             Nation
             were
             made
             happy
             above
             all
             other
             people
             ,
             and
             whereby
             the
             Freemen
             ,
             as
             they
             had
             the
             Legislative
             power
             ,
             so
             likewise
             had
             the
             Juridical
             ;
             and
             thereby
             ,
             next
             under
             God
             ,
             an
             absolute
             dominion
             over
             themselves
             and
             their
             Estates
             .
             For
             though
             this
             course
             of
             trial
             was
             first
             applied
             to
             matters
             of
             Crime
             ,
             yet
             it
             soon
             also
             seized
             upon
             the
             Common-pleas
             ,
             which
             for
             the
             most
             part
             was
             the
             work
             of
             main
             import
             in
             the
             
               Hundred
               Court
            
             ;
             and
             suitable
             hereunto
             are
             the
             prescriptions
             which
             are
             extant
             in
             the
             Law-books
             of
             
               Cognizance
               of
               Pleas
            
             ,
             and
             
               Writs
               of
               Assize
            
             ,
             &c.
             from
             the
             times
             of
             the
             Saxons
             ,
             
             as
             in
             that
             case
             of
             the
             Abbot
             of
             Bury
             amongst
             others
             doth
             appear
             .
          
        
         
           
           
             CHAP.
             XXXIX
             .
             Of
             passing
             of
             Judgement
             and
             Execution
             .
          
           
             AFter
             Verdict
             ,
             Judgement
             passed
             according
             to
             the
             letter
             of
             the
             Law
             ,
             or
             known
             Custom
             ;
             in
             criminal
             matters
             ,
             according
             to
             the
             greatness
             of
             the
             offence
             ,
             either
             for
             death
             or
             loss
             of
             Member
             .
             But
             if
             the
             circumstances
             favoured
             the
             Delinquent
             ,
             he
             was
             admitted
             to
             redemption
             of
             Life
             or
             Member
             ,
             by
             Fine
             also
             setled
             by
             letter
             of
             the
             Law
             ,
             and
             not
             left
             to
             the
             Judges
             discretion
             .
             If
             the
             Crime
             reached
             onely
             to
             shameful
             penance
             ,
             
             such
             as
             Pillory
             or
             Whipping
             ,
             
             (
             the
             last
             whereof
             was
             inflicted
             onely
             upon
             Bondmen
             )
             then
             might
             that
             Penance
             be
             reduced
             to
             a
             Ransom
             (
             according
             to
             the
             grain
             of
             the
             offence
             )
             assessed
             in
             the
             presence
             of
             the
             Judge
             by
             the
             Freemen
             ,
             and
             entred
             upon
             the
             Roll
             ,
             and
             the
             Estreat
             of
             each
             Ransom
             severally
             and
             apart
             sent
             to
             the
             Sheriff
             .
             This
             Ransom
             was
             paid
             usually
             unto
             the
             King
             and
             Lord
             ,
             and
             the
             party
             indamaged
             ,
             or
             his
             friends
             ,
             if
             the
             case
             so
             required
             ;
             according
             to
             the
             old
             German
             rule
             ,
             
             
               Pars
               mulctae
               Regi
               vel
               civitati
               ,
               pars
               ipsi
               qui
               vindicatur
               ,
               vel
               propinquis
               ejus
               .
            
             
             This
             course
             opened
             indeed
             a
             way
             for
             Mercy
             ;
             but
             ,
             through
             corruption
             ,
             a
             Floud-gate
             to
             Wickedness
             in
             the
             conclusion
             .
             Of
             Imprisonment
             there
             was
             little
             use
             in
             the
             eldest
             times
             ;
             afterwards
             it
             was
             more
             used
             ,
             not
             onely
             to
             secure
             the
             person
             to
             come
             to
             trial
             of
             Law
             for
             miscarriages
             past
             ,
             but
             sometimes
             to
             secure
             men
             against
             committing
             of
             future
             mischief
             ,
             especially
             if
             it
             more
             concerned
             the
             publick
             .
             I
             find
             but
             little
             or
             no
             use
             thereof
             barely
             as
             a
             punishment
             ,
             nor
             would
             their
             Ancestors
             so
             punish
             their
             Bondmen
             :
             
               Vinculis
               coercere
               rarum
               est
            
             .
             In
             case
             of
             Debt
             or
             Damage
             ,
             the
             recovery
             thereof
             was
             in
             nature
             of
             elegit
             ;
             for
             the
             party
             wronged
             either
             had
             the
             offenders
             goods
             to
             him
             delivered
             ,
             or
             the
             value
             in
             money
             upon
             sale
             of
             the
             goods
             made
             by
             the
             Sheriff
             ;
             and
             if
             that
             satisfied
             not
             ,
             
             then
             the
             moity
             of
             the
             Lands
             was
             extended
             ,
             and
             so
             by
             moities
             so
             far
             as
             was
             possible
             ,
             
               salvo
               contenemento
            
             ;
             and
             when
             all
             was
             gone
             ,
             the
             Defendants
             Arms
             (
             which
             were
             accounted
             as
             the
             Nether-milstone
             ,
             or
             stock
             of
             maintenance
             )
             were
             last
             of
             all
             seized
             ;
             
             and
             then
             the
             party
             was
             accounted
             undone
             ,
             and
             cast
             upon
             the
             charity
             of
             his
             friends
             for
             his
             sustenance
             :
             but
             the
             person
             of
             the
             man
             was
             never
             imprisoned
             as
             a
             pledge
             for
             the
             debt
             ,
             no
             not
             in
             the
             Kings
             case
             .
             Alfred
             imprisoned
             one
             of
             his
             Judges
             for
             imprisoning
             a
             man
             in
             that
             case
             .
             One
             punishment
             of
             death
             they
             had
             in
             cases
             of
             crime
             ,
             
             and
             that
             was
             by
             hanging
             or
             strangling
             ;
             and
             where
             the
             crime
             was
             not
             so
             great
             ,
             sometimes
             ensued
             loss
             of
             member
             or
             mutilation
             ,
             and
             in
             many
             such
             cases
             Excommunication
             ,
             pronounced
             indeed
             by
             the
             Clergy
             ,
             but
             determined
             by
             the
             Law
             ;
             which
             in
             the
             first
             conception
             was
             framed
             in
             the
             womb
             of
             the
             Legislative
             power
             in
             Parliament
             ,
             
             as
             may
             appear
             in
             many
             Laws
             there
             made
             ;
             nor
             was
             there
             in
             those
             times
             any
             question
             made
             of
             the
             cognizance
             thereof
             ,
             so
             long
             as
             the
             Clergy
             and
             Laity
             had
             charity
             enough
             to
             joyn
             in
             all
             publick
             Councils
             .
          
        
         
           
           
             CHAP.
             XL.
             Of
             the
             Penal
             Laws
             amongst
             the
             Saxons
             .
          
           
             PAssing
             the
             Courts
             and
             manner
             of
             proceedings
             till
             Sentence
             ,
             we
             are
             now
             come
             to
             the
             particular
             Laws
             that
             directed
             the
             Sentence
             ;
             and
             first
             of
             those
             that
             concerned
             criminal
             offences
             .
             During
             the
             Saxons
             time
             the
             Commonwealth
             was
             in
             its
             minority
             ,
             the
             Government
             tender
             ,
             the
             Laws
             green
             ,
             and
             subject
             to
             bend
             according
             to
             the
             blast
             of
             time
             and
             occasion
             ,
             and
             according
             to
             the
             different
             dispositions
             of
             Governours
             ,
             Ages
             ,
             and
             People
             .
             For
             though
             the
             Saxons
             were
             in
             name
             our
             
               first
               matter
            
             ;
             yet
             not
             they
             onely
             ,
             but
             they
             having
             once
             made
             the
             breach
             open
             ,
             and
             entred
             this
             Island
             ,
             it
             became
             a
             common
             receptacle
             of
             those
             Eastern
             people
             ,
             the
             
               Angles
               ,
               Danes
               ,
               Almains
            
             ,
             and
             Goths
             ,
             as
             their
             several
             Laws
             left
             with
             us
             in
             power
             do
             not
             obscurely
             inform
             us
             ;
             and
             amongst
             all
             the
             rest
             ,
             the
             Goths
             were
             not
             the
             least
             concerned
             herein
             ;
             for
             the
             Saxon
             King
             determining
             what
             people
             shall
             be
             holden
             Denizons
             in
             this
             Kingdom
             ,
             saith
             ,
             
               That
               the
            
             Goths
             
               ought
               to
               be
               received
               and
               protected
               in
               this
               Kingdom
               ,
               as
               sworn
               Brethren
               ,
               Kinsmen
               ,
               and
               proper
               Citizens
               of
               this
               Commonwealth
               .
            
             Nor
             can
             any
             Nation
             upon
             earth
             shew
             so
             much
             of
             the
             ancient
             Gothique
             Law
             as
             this
             Island
             hath
             .
             Nevertheless
             in
             this
             mixture
             of
             people
             of
             several
             Nations
             ,
             there
             being
             a
             suitable
             mixture
             of
             Laws
             ;
             as
             the
             power
             of
             any
             one
             of
             these
             people
             's
             changed
             ,
             so
             likewise
             did
             their
             Laws
             change
             in
             power
             ;
             and
             long
             it
             was
             ere
             a
             right
             temper
             of
             one
             uniform
             Law
             could
             be
             setled
             :
             yet
             in
             the
             interim
             ,
             these
             short
             remembrances
             left
             unconsumed
             by
             time
             I
             have
             subjoyned
             ,
             that
             it
             may
             appear
             their
             motions
             were
             excellent
             ,
             though
             somewhat
             inconstant
             in
             their
             practice
             .
          
           
             Those
             times
             were
             dark
             ,
             and
             yet
             so
             far
             as
             any
             light
             appeared
             ,
             the
             people
             were
             to
             be
             honoured
             for
             their
             resolution
             in
             the
             defence
             thereof
             .
             For
             there
             was
             few
             of
             the
             Commandments
             of
             the
             two
             Tables
             which
             they
             did
             not
             assert
             by
             Laws
             by
             them
             made
             ,
             the
             third
             and
             tenth
             excepted
             ;
             which
             latter
             commands
             the
             inward
             man
             onely
             ,
             and
             whereof
             God
             hath
             the
             sole
             cognizance
             .
          
           
             True
             it
             is
             that
             the
             first
             Commandment
             containeth
             much
             of
             the
             same
             nature
             ;
             
             yet
             somewhat
             is
             visible
             ,
             and
             that
             they
             bound
             :
             For
             whereas
             in
             those
             times
             the
             Devil
             had
             such
             power
             ,
             as
             he
             did
             prevail
             with
             some
             (
             and
             those
             it
             may
             be
             not
             a
             few
             )
             to
             renounce
             God
             ,
             and
             deliver
             themselves
             wholly
             to
             his
             own
             will
             ;
             they
             punished
             this
             crime
             with
             banishment
             ,
             as
             judging
             him
             unworthy
             their
             society
             that
             would
             communicate
             with
             Devils
             .
             Yet
             if
             the
             Delinquent
             had
             done
             any
             mischief
             whereby
             death
             ensued
             ,
             
             the
             parties
             punishment
             was
             death
             ;
             yet
             might
             all
             be
             discharged
             by
             Ransome
             ,
             and
             good
             security
             for
             good
             behaviour
             for
             time
             to
             come
             .
          
           
             For
             their
             worship
             of
             God
             ,
             
             they
             were
             no
             less
             zealous
             in
             maintenance
             of
             the
             manner
             ;
             as
             their
             Forefathers
             liked
             not
             the
             use
             of
             Images
             or
             Pictures
             for
             adoration
             ,
             neither
             did
             they
             :
             and
             though
             the
             Clergy
             in
             other
             matters
             led
             them
             much
             ,
             yet
             in
             this
             they
             were
             alone
             for
             a
             long
             time
             :
             for
             though
             the
             Roman
             Church
             had
             the
             use
             of
             Images
             above
             Three
             hundred
             years
             before
             
             Austin's
             coming
             ,
             yet
             could
             not
             that
             custom
             fasten
             upon
             the
             Saxons
             for
             the
             space
             of
             above
             One
             hundred
             years
             after
             
             Austin's
             coming
             ;
             notwithstanding
             the
             endeavours
             of
             Charlemain
             ,
             and
             Pope
             
             Constantine
             (
             by
             his
             bastard-decree
             begotten
             upon
             the
             dream
             of
             the
             Bishop
             of
             Worcester
             )
             that
             saw
             the
             Virgin
             
             Mary's
             picture
             brought
             him
             in
             his
             sleep
             by
             her self
             ,
             and
             with
             a
             command
             from
             her
             ,
             
               That
               it
               should
               be
               set
               up
               in
               the
               Church
               and
               worshipped
               :
            
             I
             say
             ,
             
             it
             could
             not
             fasten
             any
             constant
             practice
             of
             Idol-worship
             ,
             nor
             ever
             wrest
             a
             Law
             from
             the
             Wittagenmote
             to
             countenance
             the
             same
             ;
             but
             rather
             on
             the
             contrary
             ,
             they
             still
             preserved
             the
             memorial
             of
             the
             second
             Commandment
             in
             the
             Decalogue
             ,
             even
             then
             when
             as
             the
             Romanists
             had
             expunged
             the
             same
             out
             of
             the
             number
             :
             
             and
             they
             enforced
             the
             same
             by
             a
             Law
             of
             their
             own
             making
             ,
             so
             far
             as
             their
             Clergie
             ,
             
             or
             Reverence
             they
             bear
             to
             Rome
             ,
             would
             allow
             .
          
           
             It
             hath
             been
             formerly
             observed
             ,
             that
             the
             Saxons
             took
             no
             note
             of
             the
             vice
             of
             
               prophane
               swearing
            
             and
             cursing
             ;
             which
             crime
             (
             if
             it
             were
             in
             use
             ,
             as
             it
             cannot
             be
             otherwise
             conceited
             but
             it
             was
             )
             as
             the
             times
             then
             were
             ,
             
             must
             lie
             upon
             the
             Clergie-mens
             account
             for
             their
             neglect
             of
             teaching
             the
             point
             ;
             or
             upon
             the
             general
             ignorance
             of
             those
             times
             ,
             which
             understood
             not
             the
             Commandment
             nor
             the
             Scripture
             :
             For
             we
             find
             no
             Canon
             against
             it
             ,
             nor
             scarce
             any
             Doctrine
             concerning
             it
             ,
             but
             onely
             in
             case
             of
             
               false
               swearing
            
             ,
             till
             
             Anselm's
             time
             .
             True
             it
             is
             ,
             that
             Chrysostom
             seemeth
             zealous
             against
             all
             swearing
             ;
             but
             that
             was
             his
             personal
             goodness
             ,
             which
             for
             ought
             appeareth
             died
             with
             him
             .
             And
             Anselm
             contending
             against
             swearing
             by
             the
             Creatures
             ,
             and
             
               idle
               swearing
            
             ,
             renders
             his
             grounds
             in
             such
             manner
             ,
             
             as
             it
             may
             be
             well
             conceived
             that
             he
             understood
             not
             the
             main
             .
          
           
             I
             am
             the
             rather
             induced
             to
             conceive
             charitably
             of
             those
             times
             ,
             
             in
             regard
             of
             their
             exceeding
             zeal
             for
             the
             honour
             of
             the
             
               Lords
               day
            
             ;
             which
             sheweth
             ,
             that
             so
             far
             as
             their
             knowledge
             would
             maintain
             them
             ,
             they
             had
             zeal
             to
             make
             it
             into
             action
             .
             They
             began
             this
             day
             doubtless
             as
             other
             days
             ,
             according
             to
             the
             custom
             of
             their
             Forefathers
             in
             Germany
             ,
             
             
               Nox
               ducere
               diem
               videtur
            
             .
             And
             because
             they
             would
             not
             allow
             their
             secular
             affairs
             to
             trench
             too
             nigh
             that
             days
             devotion
             ,
             they
             made
             the
             
               Lords
               day
            
             to
             begin
             on
             Saturday
             at
             three
             of
             the
             clock
             in
             the
             afternoon
             ,
             and
             to
             continue
             till
             
             Munday-morning
             .
             No
             pastime
             ,
             no
             not
             their
             beloved
             sport
             of
             Hunting
             ,
             
             was
             allowed
             during
             all
             that
             while
             ;
             nor
             no
             works
             were
             to
             be
             done
             ,
             but
             such
             as
             concerned
             the
             Worship
             of
             God
             :
             and
             those
             Laws
             they
             bound
             with
             penalty
             of
             Fine
             ,
             if
             the
             Delinquent
             were
             a
             Free-man
             ;
             if
             he
             were
             a
             
             bond-servant
             ,
             he
             was
             to
             be
             whipped
             .
             Nor
             were
             these
             the
             Laws
             of
             one
             King
             or
             Age
             onely
             ,
             
             but
             of
             the
             whole
             current
             of
             the
             Saxon
             Government
             ;
             and
             may
             (
             although
             dark
             times
             they
             were
             )
             yet
             put
             us
             in
             these
             days
             of
             light
             to
             the
             blush
             ,
             to
             enter
             into
             comparison
             with
             them
             for
             their
             Devotion
             .
          
           
             In
             their
             Conversation
             with
             men
             ,
             
             the
             Saxons
             seemed
             yet
             more
             strict
             :
             and
             being
             a
             people
             of
             a
             publick
             spirit
             ,
             they
             preferred
             the
             good
             of
             their
             Country
             above
             all
             ;
             accounting
             Treachery
             against
             it
             ,
             or
             neglect
             thereof
             in
             time
             of
             danger
             ,
             to
             be
             a
             Crime
             of
             the
             greatest
             concernment
             ,
             and
             to
             be
             punished
             in
             the
             highest
             degree
             ,
             
               Proditores
               ,
               &
               transfugas
               arboribus
               suspendunt
               .
            
             
             Other
             Treason
             than
             this
             ,
             no
             not
             against
             Kings
             ,
             did
             they
             then
             acknowledge
             any
             ;
             and
             therefore
             the
             form
             of
             the
             Indictment
             for
             contriving
             the
             death
             of
             their
             King
             ,
             
             concluded
             onely
             Felonicè
             ,
             as
             may
             appear
             in
             that
             form
             of
             an
             Indictment
             for
             an
             offence
             of
             that
             nature
             intended
             and
             plotted
             against
             Edmond
             the
             Saxon
             King
             :
             Whenas
             for
             the
             plotting
             against
             Alliance
             ,
             though
             of
             common
             and
             inferiour
             nature
             ,
             the
             Indictment
             concluded
             
               Felonicè
               &
               Proditoriè
            
             .
             And
             wereas
             the
             penalty
             ,
             
             in
             case
             of
             Treachery
             against
             the
             Country
             ,
             was
             death
             ,
             and
             forfeiture
             of
             the
             whole
             Estate
             ,
             both
             real
             and
             personal
             :
             In
             Treachery
             against
             the
             King
             ,
             
             it
             was
             onely
             loss
             of
             life
             ,
             and
             of
             the
             personal
             Estate
             .
             And
             therefore
             it
             may
             seem
             that
             Majesty
             had
             not
             yet
             arrived
             at
             its
             full
             
             growth
             ;
             or
             else
             that
             the
             greatest
             measure
             thereof
             rested
             in
             the
             body
             still
             .
          
           
             If
             in
             any
             thing
             the
             Saxons
             were
             indulgent
             ,
             
             it
             was
             in
             
               matters
               of
               Blood
            
             ;
             for
             they
             were
             a
             warlike
             people
             ,
             and
             looked
             upon
             it
             as
             under
             the
             regiment
             of
             valour
             ;
             and
             therefore
             it
             was
             punished
             only
             with
             fine
             ,
             according
             to
             the
             old
             rule
             ,
             
             
               Luitur
               homicidium
               certo
               armentorum
               &
               pecorum
               numero
               .
            
             So
             as
             even
             in
             Germany
             they
             had
             learned
             the
             trick
             to
             set
             a
             price
             upon
             that
             crime
             ;
             and
             this
             they
             afterward
             called
             
               Manbotta
               wera
               wirgida
               wita
            
             ,
             and
             lashlight
             :
             and
             ,
             which
             was
             worse
             ,
             they
             countenanced
             that
             which
             in
             after-ages
             was
             called
             
               deadly
               feud
            
             ;
             and
             so
             under
             colour
             of
             punishing
             Murder
             with
             revenge
             ,
             
             they
             added
             blood
             to
             blood
             .
             But
             as
             times
             grew
             more
             tame
             ,
             and
             inclining
             to
             civility
             or
             Religion
             ,
             the
             cry
             of
             Blood
             was
             more
             hideous
             ;
             and
             this
             urged
             on
             the
             Law
             of
             Appeals
             ,
             
             and
             so
             private
             revenge
             became
             under
             the
             power
             of
             the
             Law
             ,
             
             which
             punished
             death
             with
             death
             ,
             savouring
             of
             such
             a
             King
             as
             Alfred
             was
             ,
             who
             first
             taught
             the
             Scriptures
             to
             speak
             in
             the
             dialect
             of
             our
             own
             Laws
             ;
             like
             the
             Rubrick
             amongst
             the
             Canons
             ,
             bringing
             therewith
             both
             strength
             and
             beauty
             :
             yet
             they
             had
             degrees
             of
             blood-shed
             ,
             and
             made
             a
             difference
             in
             the
             punishment
             ;
             for
             some
             sprung
             from
             sudden
             passion
             ,
             but
             other
             was
             forethought
             and
             purposed
             ;
             which
             last
             they
             called
             Abere
             Murther
             ,
             
             or
             Murther
             by
             foreplot
             or
             treachery
             ;
             and
             this
             was
             made
             
               nullo
               pretio
               emendabile
            
             ;
             
             and
             yet
             towards
             the
             times
             of
             the
             Danes
             ,
             devotion
             grew
             of
             so
             high
             a
             dye
             ,
             that
             a
             Sanctuary
             could
             represent
             any
             bloodshed
             more
             allowable
             ,
             if
             not
             acceptable
             ,
             under
             the
             golden
             colour
             of
             recompence
             made
             to
             the
             King
             ,
             the
             Lord
             of
             the
             party
             slain
             ,
             and
             the
             parties
             friends
             ,
             for
             the
             loss
             of
             a
             Subject
             ,
             a
             Tenant
             ,
             and
             a
             Friend
             according
             to
             that
             of
             their
             forefathers
             ,
             
               recepitque
               satisfactionem
               universa
               domus
            
             .
             
             It
             would
             be
             too
             tedious
             to
             recite
             all
             the
             particular
             Laws
             ,
             with
             their
             changes
             ,
             and
             therefore
             they
             shall
             be
             lest
             to
             the
             view
             in
             the
             several
             Laws
             of
             
               Alfred
               ,
               Edmond
               ,
               Canutus
            
             ,
             and
             Edward
             ,
             the
             Saxon
             Kings
             .
             Yet
             one
             custom
             first
             begun
             by
             the
             Danes
             ,
             
             I
             cannot
             omit
             :
             That
             if
             a
             man
             were
             found
             slain
             ,
             whose
             parents
             or
             friends
             were
             unknown
             ,
             
             by
             common
             intendment
             he
             was
             presumed
             to
             be
             a
             Dane
             ;
             
             and
             then
             if
             the
             delinquent
             were
             not
             taken
             ,
             nor
             fled
             to
             Sactuary
             ,
             nor
             known
             where
             he
             is
             ,
             the
             whole
             Hundred
             was
             amerced
             for
             the
             escape
             ;
             
             but
             if
             the
             party
             slain
             were
             known
             to
             be
             of
             English
             Parents
             ,
             it
             was
             otherwise
             .
             
             This
             custom
             lasted
             long
             after
             the
             Normans
             time
             ,
             the
             Dane
             being
             only
             changed
             into
             the
             Norman
             ,
             and
             was
             called
             Englishire
             .
             Batteries
             ,
             Maimes
             ,
             Imprisonments
             ,
             and
             other
             breaches
             of
             peace
             ,
             were
             punished
             by
             Fine
             ,
             which
             they
             called
             
               Fightwitt
               ,
               Grithbrece
            
             ,
             or
             Frithbreck
             ;
             and
             the
             Delinquent
             ordinarily
             put
             in
             sureties
             for
             the
             peace
             for
             future
             time
             .
             The
             fine
             was
             increased
             by
             the
             number
             of
             Delinquents
             joyning
             in
             the
             fact
             :
             for
             if
             seven
             joyned
             ,
             
             it
             was
             a
             Riot
             ,
             and
             the
             fine
             was
             then
             called
             Flothbote
             .
             If
             the
             number
             were
             five
             times
             so
             many
             ,
             viz.
             thirty
             and
             five
             ,
             then
             it
             was
             a
             Rebellion
             or
             War.
             Secondly
             ,
             the
             fine
             was
             increased
             by
             the
             time
             or
             season
             of
             the
             fact
             ,
             as
             in
             Lent
             ,
             or
             while
             the
             Army
             was
             in
             the
             field
             ;
             because
             ,
             in
             the
             first
             case
             ,
             the
             holy
             time
             was
             prophaned
             ;
             in
             the
             second
             ,
             the
             Countrey
             was
             more
             endangered
             ,
             when
             the
             strength
             was
             abroad
             ,
             and
             the
             Army
             might
             be
             discouraged
             at
             the
             news
             of
             the
             disturbance
             at
             home
             .
             
             And
             therefore
             the
             Saxons
             punished
             this
             with
             death
             ,
             
             or
             fine
             suitable
             .
             Thirdly
             ,
             the
             fine
             was
             the
             greater
             in
             case
             of
             the
             excellency
             of
             the
             place
             ,
             
             where
             it
             was
             
               holy
               ground
            
             ,
             
             or
             in
             the
             presence
             of
             great
             persons
             ,
             such
             as
             the
             King
             or
             Bishop
             .
          
           
             Adultery
             among
             the
             old
             Germans
             was
             holden
             a
             crime
             of
             a
             high
             nature
             ;
             
             the
             penalty
             of
             the
             woman
             that
             committed
             that
             crime
             was
             death
             :
             
             I
             find
             not
             what
             became
             of
             the
             man.
             In
             latter
             times
             of
             the
             Saxons
             it
             grew
             less
             
             penal
             ,
             and
             more
             common
             .
             
             By
             Alfreds
             Law
             it
             was
             finable
             ,
             and
             the
             fine
             called
             Legierwit
             .
             By
             Canutus
             the
             man
             was
             fined
             or
             banished
             ,
             
             the
             woman
             to
             lose
             her
             nose
             ,
             ears
             ,
             and
             her
             portion
             .
             
             Incest
             was
             more
             penal
             to
             the
             man
             than
             Adultery
             ,
             and
             yet
             it
             touched
             not
             his
             life
             .
             
          
           
             Robbery
             amongst
             the
             Lacedemonians
             was
             accounted
             but
             a
             trick
             of
             youth
             ,
             the
             Athenians
             thoughts
             were
             more
             severe
             .
             The
             Germans
             likewise
             differed
             in
             their
             censures
             concerning
             it
             ;
             the
             Saxons
             punished
             it
             with
             death
             ,
             
             but
             the
             Angles
             with
             fine
             only
             ;
             yet
             Ina
             the
             King
             made
             it
             mortal
             ,
             and
             Canutus
             followed
             him
             therein
             ;
             
             and
             Edward
             the
             Confessor
             limited
             that
             punishment
             to
             thefts
             of
             twelve
             pence
             in
             value
             ,
             or
             above
             .
             
             
               Burning
               of
               woods
            
             was
             finable
             by
             Ina's
             Law
             ;
             but
             Burglary
             was
             Felony
             .
             
             In
             King
             Edmunds
             time
             only
             the
             Danes
             made
             it
             finable
             ;
             
             possibly
             being
             guilty
             in
             their
             own
             Consciences
             of
             their
             own
             propensity
             to
             rapine
             and
             plunderings
             .
             
             This
             priviledge
             of
             the
             dwelling-house
             was
             anciently
             called
             Hamsoca
             ,
             or
             Hamsoken
             ,
             or
             Hamsokne
             .
             
             Trespasses
             committed
             upon
             ground
             were
             all
             comprehended
             under
             the
             general
             name
             of
             Ederbrece
             ,
             or
             hedge-breaking
             ;
             and
             the
             penalty
             was
             not
             only
             the
             damage
             to
             the
             party
             ,
             but
             also
             fine
             to
             the
             King
             upon
             Action
             ,
             which
             in
             these
             days
             passeth
             under
             the
             name
             of
             
               Quare
               clausum
               fregit
            
             ,
             according
             to
             the
             words
             of
             the
             Writ
             .
             
             The
             damages
             were
             more
             or
             less
             ,
             according
             to
             the
             time
             or
             season
             when
             it
             was
             done
             :
             for
             it
             when
             the
             Army
             was
             abroad
             ,
             the
             damages
             were
             doubled
             ;
             and
             in
             like
             manner
             ,
             if
             done
             in
             Lent
             time
             .
             If
             the
             trespass
             was
             done
             by
             a
             Beast
             ,
             
             the
             owner
             must
             pay
             the
             damages
             ;
             
             but
             if
             it
             were
             occasioned
             through
             the
             complainants
             default
             (
             as
             through
             his
             gap
             )
             no
             damages
             were
             paid
             .
             The
             constant
             fine
             to
             the
             King
             in
             all
             such
             trespasses
             ,
             
             was
             by
             Alfreds
             Law
             set
             at
             five
             shillings
             .
             Other
             Actions
             also
             were
             then
             used
             ,
             as
             touching
             damage
             done
             to
             Goods
             ,
             and
             Actions
             upon
             the
             case
             :
             for
             in
             Alfreds
             time
             the
             Plaintiff
             recovered
             not
             only
             damages
             for
             trespasses
             done
             to
             Possessions
             and
             Goods
             ,
             but
             also
             costs
             for
             injuries
             in
             point
             of
             scandal
             and
             defamation
             ,
             
             in
             case
             the
             complainant
             specially
             declareth
             that
             he
             is
             thereby
             disabled
             ,
             or
             indamaged
             in
             his
             preferment
             ,
             and
             maketh
             proof
             of
             the
             same
             ;
             suitable
             unto
             the
             forms
             of
             our
             pleadings
             at
             this
             day
             ,
             which
             conclude
             with
             
               per
               quod
               ,
               &c.
            
             or
             
               &
               deterioratus
               est
               ,
               &c.
            
             
          
           
             The
             Saxons
             were
             utter
             enemies
             to
             Perjury
             ;
             
             they
             punished
             it
             with
             eternal
             discredit
             of
             testimony
             ;
             and
             sometimes
             with
             banishment
             ,
             or
             with
             grievous
             fines
             to
             the
             King
             ,
             and
             mulcts
             to
             the
             Judge
             .
             For
             that
             difference
             I
             find
             observed
             in
             those
             days
             between
             fines
             and
             mulcts
             ,
             
             albeit
             the
             more
             ancient
             times
             used
             them
             for
             one
             and
             the
             same
             ;
             
             for
             so
             the
             Historian
             
               pars
               mulctae
               Regi
            
             .
             In
             all
             these
             matters
             where
             any
             interest
             was
             vested
             in
             the
             Crown
             ,
             
             the
             King
             had
             the
             prerogative
             of
             pardon
             ;
             yet
             always
             the
             recompence
             to
             the
             party
             was
             saved
             ;
             besides
             the
             security
             of
             the
             good
             behaviour
             for
             time
             to
             come
             ,
             as
             the
             case
             required
             .
          
        
         
           
           
             CHAP.
             XLI
             .
             Of
             the
             Laws
             of
             Property
             ,
             of
             Lands
             and
             Goods
             ,
             and
             their
             manner
             of
             Conveyance
             .
          
           
             THus
             passing
             over
             some
             tops
             of
             Saxon
             penal-Laws
             ,
             
             besides
             the
             general
             rule
             or
             Law
             of
             
               eye
               for
               eye
               ,
               tooth
               for
               tooth
               ,
            
             &c.
             it
             now
             remains
             as
             lightly
             to
             glance
             at
             a
             few
             generals
             concerning
             the
             setling
             and
             property
             of
             possessions
             in
             point
             of
             Title
             ;
             concerning
             which
             ,
             although
             it
             be
             true
             that
             the
             Conquerors
             of
             this
             part
             of
             the
             Isle
             were
             a
             body
             aggregate
             of
             many
             Nations
             or
             peoples
             ,
             and
             so
             divers
             customs
             must
             necessarily
             settle
             by
             common
             intendment
             in
             several
             places
             ,
             according
             as
             they
             chose
             their
             habitation
             :
             yet
             the
             general
             custom
             of
             the
             Germans
             ,
             as
             touching
             descent
             of
             inheritance
             ,
             was
             to
             the
             eldest
             Son.
             
             For
             Tacitus
             speaking
             of
             the
             German
             Cavalry
             ,
             saith
             ,
             
               That
               the
               Horse
               of
               the
               party
               dead
               went
               not
               to
               the
               eldest
               Son
               ,
               ut
               caetera
               ,
               but
               to
               the
               most
               valiant
               man
               amongst
               them
               of
               that
               Linage
            
             ;
             which
             words
             
               ut
               caetera
            
             do
             plainly
             intimate
             ,
             that
             other
             matters
             of
             profit
             passed
             to
             the
             eldest
             Son
             in
             point
             of
             descent
             .
             Nor
             can
             I
             conceive
             how
             men
             should
             be
             induced
             to
             conceit
             ,
             that
             the
             custom
             of
             Gavelkind
             was
             the
             ancient
             general
             custom
             of
             the
             Germans
             .
             It
             is
             true
             ,
             the
             words
             of
             the
             same
             Historian
             have
             misled
             some
             ;
             the
             words
             are
             ,
             
               Haeredes
               tamen
               &
               successores
               cuique
               liberi
            
             ;
             these
             taken
             collectively
             ,
             I
             grant
             may
             import
             somewhat
             tending
             that
             way
             ;
             but
             they
             may
             as
             properly
             be
             taken
             disjunctively
             ,
             that
             the
             Children
             inherit
             by
             course
             ;
             and
             if
             none
             such
             were
             ,
             then
             the
             Brothers
             ;
             if
             they
             failed
             ,
             then
             uncles
             .
             And
             it
             is
             not
             only
             evident
             ,
             that
             in
             the
             publick
             Succession
             to
             the
             Crown
             they
             had
             an
             eye
             this
             way
             ,
             but
             in
             the
             descent
             of
             private
             and
             particular
             estates
             ,
             as
             by
             many
             instances
             out
             of
             those
             old
             Histories
             may
             appear
             ;
             and
             had
             any
             other
             custom
             been
             general
             ,
             Alfreds
             rule
             by
             Moses
             Law
             had
             never
             succeeded
             ;
             nor
             could
             that
             other
             custom
             hold
             out
             against
             the
             constant
             desire
             of
             the
             Saxons
             to
             perpetuate
             their
             Families
             in
             greatness
             and
             honour
             :
             all
             which
             ,
             besides
             the
             express
             Laws
             set
             forth
             in
             the
             Codes
             ,
             are
             in
             my
             conceit
             sufficient
             to
             induce
             an
             Historical
             Faith
             ,
             
               That
               the
               general
               course
               of
               descent
               was
               to
               the
               eldest
               Sons
               ,
               and
               not
               to
               all
               joyntly
               .
            
             Nevertheless
             out
             of
             this
             Estate
             of
             Inheritance
             ,
             divers
             particular
             estates
             were
             created
             ,
             as
             well
             by
             common
             custom
             ,
             as
             by
             the
             especial
             act
             of
             the
             owner
             of
             such
             an
             estate
             .
             Such
             of
             them
             as
             were
             wrought
             by
             custom
             ,
             was
             occasioned
             from
             Marriage
             ,
             whereby
             if
             the
             man
             was
             setled
             of
             such
             estate
             as
             formerly
             hath
             been
             recited
             ,
             and
             died
             ,
             his
             Wife
             surviving
             ,
             by
             ancient
             custom
             she
             had
             her
             Dower
             ,
             
             or
             third
             part
             of
             such
             estate
             of
             inheritance
             .
             This
             custom
             ,
             though
             ancient
             ,
             yet
             was
             not
             originally
             from
             the
             Germans
             ,
             but
             from
             the
             Latines
             ,
             who
             used
             to
             give
             Dower
             with
             the
             man
             ,
             and
             receive
             Portion
             with
             the
             woman
             .
             
             But
             the
             Germans
             learned
             from
             the
             Greeks
             otherwise
             ;
             for
             the
             Laws
             both
             of
             Solon
             and
             Lycurgus
             forbad
             the
             latter
             ,
             lest
             Marriages
             should
             be
             made
             for
             reward
             ,
             and
             not
             grounded
             upon
             affection
             ;
             which
             ,
             as
             they
             conceived
             ,
             would
             be
             a
             means
             to
             maintain
             the
             strength
             of
             mankind
             in
             generation
             .
             And
             therefore
             Tacitus
             noteth
             this
             by
             way
             of
             Antithesis
             ,
             
               Dotem
               non
               uxor
               marito
               ,
               sed
               uxori
               maritus
               offert
               .
            
             The
             Dower
             that
             was
             given
             in
             the
             first
             times
             was
             Goods
             ;
             and
             these
             were
             utensils
             for
             War.
             And
             the
             Wife
             many
             times
             returned
             to
             the
             man
             tokens
             of
             her
             love
             ,
             in
             the
             same
             kind
             ,
             and
             not
             as
             gages
             of
             future
             maintenance
             ,
             unless
             we
             shall
             
             account
             War
             their
             proper
             calling
             from
             whence
             their
             livelihood
             issued
             .
             Succeeding
             times
             growing
             more
             calm
             ,
             changed
             the
             custom
             of
             fighting
             into
             trading
             ,
             and
             taught
             them
             to
             prefer
             the
             stock
             gotten
             by
             commerce
             ,
             before
             that
             of
             War
             ;
             and
             so
             the
             Dower
             was
             changed
             .
             This
             course
             continued
             all
             the
             Saxons
             time
             ,
             for
             ought
             I
             can
             find
             ;
             for
             not
             much
             above
             threescore
             years
             before
             the
             Conquest
             ,
             
             it
             was
             by
             a
             publick
             Law
             confirmed
             ,
             that
             the
             Bridegroom
             before
             Marriage
             should
             set
             forth
             that
             portion
             of
             Goods
             that
             should
             be
             his
             Wives
             ;
             
             and
             these
             were
             ever
             afterward
             holden
             her
             own
             proper
             Goods
             .
             But
             if
             no
             such
             provision
             was
             made
             before
             Marriage
             ,
             then
             the
             Law
             or
             Custom
             gave
             the
             Wife
             half
             her
             Husbands
             Goods
             ,
             if
             she
             outlived
             him
             ;
             and
             if
             there
             were
             Children
             ,
             then
             the
             whole
             estate
             in
             Goods
             ,
             to
             provide
             for
             herself
             and
             them
             ,
             until
             she
             took
             a
             second
             Husband
             :
             but
             if
             the
             Husband
             suffered
             death
             as
             a
             Malefactor
             ,
             the
             Wife
             was
             to
             have
             but
             one
             third
             part
             .
             
             I
             find
             no
             footsteps
             of
             Dower
             in
             Lands
             until
             the
             Normans
             time
             ;
             
             who
             were
             also
             as
             well
             owners
             of
             the
             Wives
             personal
             estate
             ,
             as
             of
             their
             persons
             ,
             and
             before
             which
             time
             the
             Saxon
             Wives
             in
             divers
             regards
             were
             more
             absolute
             and
             independent
             ;
             I
             say
             not
             more
             happy
             ,
             because
             they
             were
             never
             one
             with
             their
             Husbands
             ;
             nor
             were
             they
             ever
             under
             the
             Law
             of
             free-pledge
             ,
             as
             Wives
             ;
             nor
             was
             the
             Husband
             his
             Wives
             pledge
             as
             he
             was
             her
             Husband
             ,
             although
             as
             a
             Master
             he
             was
             
               free
               pledge
            
             for
             his
             servants
             :
             
             for
             the
             Law
             was
             ,
             that
             in
             case
             the
             Husband
             carried
             his
             Wife
             away
             into
             another
             Lordship
             ,
             as
             he
             must
             give
             pledges
             that
             his
             Wife
             shall
             have
             no
             wrong
             ,
             so
             she
             must
             give
             pledge
             by
             her
             friends
             that
             she
             shall
             do
             no
             wrong
             ;
             and
             she
             passed
             therefore
             as
             an
             appurtenant
             to
             her
             Husband
             ,
             rather
             than
             one
             in
             unity
             with
             him
             ;
             and
             her
             estate
             or
             portion
             was
             rather
             appurtenant
             to
             her
             than
             him
             :
             for
             if
             she
             failed
             in
             her
             good
             carriage
             to
             her
             Husband
             ,
             she
             was
             to
             make
             amends
             out
             of
             her
             own
             Estate
             to
             her
             Husband
             ;
             and
             if
             her
             estate
             sufficed
             not
             ,
             then
             her
             pledges
             were
             to
             satisfie
             her
             Husband
             .
             
             Nevertheless
             what
             failed
             in
             the
             relation
             of
             the
             Woman
             to
             the
             Man
             ,
             was
             supplied
             in
             the
             relation
             of
             the
             Man
             to
             the
             Woman
             ;
             for
             ,
             besides
             the
             respect
             the
             Men
             bare
             to
             the
             Women
             ,
             as
             their
             Wives
             ,
             they
             honoured
             them
             as
             German
             Women
             ,
             that
             admired
             valour
             in
             all
             ,
             Idolized
             it
             in
             their
             Husbands
             ,
             and
             shared
             in
             it
             themselves
             ;
             and
             upon
             occasion
             merited
             thereby
             not
             onely
             to
             be
             companions
             in
             honour
             ,
             but
             triumphers
             above
             Men
             ,
             yea
             their
             Commanders
             and
             Governours
             .
             Nor
             was
             this
             the
             original
             trick
             of
             the
             rude
             and
             
               uncompt
               Germans
            
             ,
             or
             barbarous
             Britans
             ,
             but
             of
             the
             wise
             Greeks
             ,
             and
             received
             (
             as
             may
             be
             supposed
             )
             from
             the
             Lacedemonians
             ,
             upon
             as
             good
             ground
             as
             the
             Wife
             of
             Leonidas
             the
             Lacedemonian
             King
             rendred
             ;
             who
             being
             asked
             
               why
               the
            
             Lacedemonian
             
               women
               ruled
               their
               Husbands
               :
               It
               is
               true
               ,
            
             said
             she
             ,
             
               for
               we
               only
               know
               how
               to
               obey
               our
               Husbands
               .
            
             A
             second
             particular
             estate
             ,
             which
             the
             Law
             derived
             out
             of
             the
             inheritance
             ,
             was
             advancement
             to
             the
             Husband
             ;
             for
             the
             Saxons
             were
             not
             so
             stupid
             as
             to
             refuse
             favour
             proffered
             :
             and
             therefore
             they
             made
             a
             Law
             of
             Counter-tenure
             to
             that
             of
             Dower
             ,
             which
             we
             commonly
             call
             
               tenure
               by
               the
               curtesie
               of
               England
            
             ;
             
             which
             was
             but
             a
             perquisite
             of
             the
             Wives
             estate
             given
             to
             the
             Husband
             ,
             in
             case
             he
             over-lived
             his
             Wife
             ,
             and
             had
             issue
             by
             her
             born
             alive
             .
             The
             name
             was
             probably
             given
             by
             the
             Normans
             ,
             who
             as
             it
             seemeth
             had
             no
             such
             custom
             ;
             and
             therefore
             they
             gave
             it
             the
             name
             from
             the
             English
             (
             albeit
             since
             that
             time
             Scotland
             hath
             also
             allowed
             it
             amongst
             them
             )
             
             who
             might
             probably
             bring
             it
             into
             this
             Kingdom
             or
             Countrey
             amongst
             the
             mingled
             people
             :
             for
             this
             Custom
             or
             Law
             is
             found
             amongst
             the
             ancient
             Almain
             Laws
             ;
             differing
             onely
             from
             the
             Law
             this
             day
             in
             the
             evidence
             of
             the
             title
             ,
             which
             now
             ariseth
             
             upon
             the
             birth
             of
             the
             Child
             heard
             to
             cry
             ;
             whenas
             in
             those
             days
             the
             title
             vested
             not
             unless
             the
             Child
             opened
             his
             eyes
             ,
             
               ut
               possit
               videre
               culmen
               domus
               ,
               &
               quatuor
               parietes
               ,
            
             which
             toucheth
             not
             onely
             the
             opening
             of
             the
             eye
             ,
             but
             also
             the
             rowling
             of
             it
             about
             .
          
           
             Estates
             that
             were
             derived
             out
             of
             the
             Estate
             of
             an
             Inheritance
             by
             the
             act
             of
             the
             party
             ,
             either
             were
             such
             as
             concerned
             the
             whole
             Inheritance
             ,
             or
             part
             thereof
             .
             That
             which
             concerned
             the
             whole
             Inheritance
             ,
             was
             nothing
             but
             a
             parcelling
             of
             it
             out
             according
             to
             the
             will
             of
             the
             giver
             ;
             and
             this
             was
             afterwards
             called
             
               Estate
               Tail
            
             ;
             
             which
             passed
             also
             amongst
             some
             places
             by
             way
             of
             custom
             ,
             
             as
             amongst
             the
             Angles
             it
             was
             a
             Law
             that
             the
             Inheritance
             should
             pass
             unto
             the
             Issue-males
             on
             the
             Fathers
             side
             until
             the
             fifth
             generation
             ,
             before
             any
             title
             could
             accrue
             to
             the
             Issue
             female
             ;
             and
             then
             according
             to
             their
             Proverb
             ,
             it
             went
             
               from
               the
               Lance
               to
               the
               Spindle
               .
            
             But
             the
             Danes
             possibly
             might
             prevent
             this
             in
             the
             continuance
             thereof
             ;
             for
             they
             brought
             along
             with
             them
             that
             which
             was
             formerly
             the
             Saxon
             custom
             ,
             
             which
             carried
             the
             Inheritance
             unto
             the
             Daughters
             ,
             
             upon
             the
             failing
             of
             the
             Issue
             Male
             ,
             as
             in
             the
             example
             of
             Cenedritha
             Daughter
             to
             Cenulphus
             ,
             amongst
             multitudes
             of
             others
             may
             appear
             .
             But
             where
             Lands
             were
             conveyed
             by
             writing
             or
             act
             of
             the
             party
             ,
             it
             was
             a
             Maxime
             ,
             
               That
               the
               Will
               of
               the
               Conveyor
               should
               be
               strictly
               observed
               :
            
             
             nor
             could
             any
             one
             that
             came
             in
             by
             vertue
             of
             such
             Writing
             ever
             alien
             the
             Land
             to
             cross
             the
             current
             of
             the
             original
             Conveyance
             .
             The
             entailing
             of
             Estates
             therefore
             was
             very
             ancient
             ,
             
             although
             by
             corrupt
             custom
             it
             was
             deluded
             ,
             as
             the
             Lord
             Dier
             in
             his
             argument
             of
             the
             L.
             Berklies
             Case
             observeth
             .
          
           
             Another
             custom
             of
             Inheritance
             was
             catcht
             I
             know
             not
             how
             ,
             it
             's
             called
             
               Burrough
               English
            
             ,
             
             and
             by
             the
             name
             may
             seem
             to
             be
             brought
             in
             by
             some
             Cynical
             odd
             Angle
             that
             meant
             to
             cross
             the
             World
             ,
             and
             yet
             in
             a
             way
             not
             contrary
             to
             all
             reason
             :
             for
             where
             nature
             affords
             least
             help
             ,
             the
             wisdom
             of
             men
             hath
             used
             to
             be
             most
             careful
             of
             supply
             ;
             and
             thus
             the
             youngest
             became
             preferred
             before
             the
             elder
             in
             the
             course
             of
             descent
             of
             Inheritance
             ,
             according
             to
             this
             custom
             .
             There
             is
             no
             further
             monument
             of
             the
             antiquity
             hereof
             that
             I
             have
             met
             with
             ,
             than
             the
             name
             it self
             ,
             which
             importeth
             that
             it
             sprang
             up
             whiles
             as
             yet
             the
             names
             of
             Angles
             and
             Saxons
             held
             in
             common
             cognizance
             ;
             and
             might
             arise
             first
             from
             the
             grant
             of
             the
             Lords
             to
             their
             Tenants
             ,
             and
             so
             by
             continuance
             become
             usual
             .
             And
             by
             this
             means
             also
             might
             arise
             the
             custom
             of
             Copy-holds
             of
             this
             nature
             so
             frequent
             ,
             especially
             in
             those
             Eastern
             parts
             of
             this
             Island
             where
             the
             Angles
             setled
             ,
             and
             from
             whom
             that
             part
             had
             the
             name
             of
             the
             East
             -
             Angles
             .
          
           
             Another
             custom
             of
             descent
             remaineth
             ,
             and
             that
             is
             to
             the
             Children
             indifferently
             ,
             
             and
             it
             is
             called
             Gavel-kind
             ,
             or
             
               Gave-all
               kind
            
             :
             and
             by
             the
             very
             name
             seemeth
             at
             the
             first
             to
             arise
             rather
             from
             the
             donation
             of
             the
             Parent
             or
             other
             Ancestor
             ,
             contrary
             to
             common
             custom
             ,
             than
             by
             common
             Law
             ;
             otherwise
             no
             need
             had
             been
             of
             an
             especial
             name
             .
             In
             the
             Original
             it
             seems
             it
             equally
             concerned
             all
             ,
             both
             Sons
             and
             Daughters
             ,
             as
             partners
             ;
             and
             for
             want
             of
             such
             ,
             the
             Brothers
             and
             Sisters
             .
             It
             seemeth
             to
             be
             first
             the
             Law
             of
             the
             Goths
             or
             Jutes
             ;
             
             for
             it
             remaineth
             in
             use
             in
             these
             parts
             of
             the
             Eastern
             Countries
             .
             But
             in
             latter
             times
             this
             estate
             was
             also
             tailed
             ,
             or
             cut
             out
             sometimes
             to
             the
             Sons
             and
             Daughters
             severally
             ;
             that
             is
             ,
             the
             Sons
             or
             Brothers
             to
             have
             two
             parts
             ,
             and
             the
             Daughters
             or
             Sisters
             one
             part
             :
             othertimes
             to
             all
             the
             Sons
             ,
             and
             for
             want
             of
             such
             ,
             to
             all
             the
             Daughters
             .
             And
             thus
             these
             courses
             of
             estates
             passed
             over
             Seas
             to
             the
             Southern
             part
             of
             this
             Island
             ,
             where
             that
             people
             most
             setled
             ,
             in
             a
             double
             
             stream
             ;
             the
             first
             from
             the
             Athenians
             ,
             that
             loved
             the
             stateliness
             of
             their
             Families
             ;
             
             the
             other
             from
             the
             Lacedemonians
             ,
             who
             desired
             rather
             the
             continuance
             of
             their
             Families
             than
             their
             greatness
             .
          
           
             The
             manner
             of
             conveying
             of
             Estates
             between
             party
             and
             party
             ,
             
             was
             either
             by
             act
             of
             the
             party
             executed
             in
             his
             life-time
             ,
             or
             after
             his
             death
             .
             Such
             as
             were
             executed
             in
             the
             life-time
             of
             the
             owner
             ,
             and
             were
             such
             as
             for
             the
             most
             part
             were
             in
             matters
             of
             great
             moment
             ,
             were
             Estates
             passing
             by
             deed
             of
             Conveyance
             in
             writing
             :
             And
             for
             this
             way
             the
             Saxons
             were
             beholding
             to
             the
             Latines
             ,
             who
             taught
             them
             that
             course
             ,
             both
             for
             form
             and
             language
             .
             
             And
             Alfred
             enforced
             by
             a
             particular
             Law
             ,
             
               viz.
               That
               all
               such
               as
               hold
               Lands
               by
               Deed
               in
               Writing
               should
               hold
               them
               according
               to
               the
               intent
               thereof
               ,
               and
               not
               alien
               the
               same
               contrary
               thereunto
               ,
               the
               intent
               thereof
               being
               proved
               by
               the
               Witnesses
               .
            
             The
             nature
             of
             the
             Conveyances
             in
             these
             ancient
             times
             may
             appear
             by
             a
             Deed
             of
             one
             of
             the
             Kings
             of
             this
             Island
             about
             400
             years
             before
             the
             Conquest
             ,
             whereby
             he
             granted
             Four
             Plough-lands
             in
             the
             Isle
             of
             Thanet
             ,
             unto
             an
             Abbess
             ;
             wherein
             ,
             instead
             of
             that
             which
             we
             now
             call
             the
             habendum
             ,
             
             the
             words
             are
             
               contulimus
               possidendum
            
             ,
             &c.
             and
             after
             that
             followeth
             the
             uses
             of
             the
             Deed
             ,
             
               tuo
               usui
            
             ,
             &c.
             and
             then
             concludes
             with
             a
             Warranty
             ,
             in
             these
             words
             ,
             
               tu
               vero
               successoresque
               tui
               defendant
               in
               perpetuum
               ,
               nunquam
               me
               haeredesque
               meos
               contra
               hanc
               chartulam
               aliquando
               esse
               venturos
               :
            
             the
             effect
             of
             which
             last
             clause
             may
             appear
             by
             the
             Law
             of
             the
             sale
             of
             Goods
             ,
             which
             in
             those
             times
             was
             ,
             that
             if
             the
             sale
             of
             Goods
             warranted
             did
             not
             hold
             ,
             
             the
             loss
             should
             light
             upon
             the
             sellers
             .
             
             The
             Deeds
             were
             usually
             subscribed
             with
             the
             name
             of
             him
             that
             made
             the
             Conveyance
             ,
             
             or
             passed
             the
             Estate
             ;
             and
             if
             he
             could
             not
             write
             his
             name
             (
             as
             it
             befel
             often
             )
             then
             the
             Deed
             was
             under-signed
             with
             his
             mark
             :
             For
             Withered
             King
             of
             Kent
             used
             the
             sign
             of
             the
             Cross
             in
             subscribing
             his
             Grants
             ,
             
               pro
               ignorantia
               literarum
            
             .
             They
             used
             also
             in
             those
             days
             to
             seal
             their
             Deeds
             ;
             
             for
             so
             much
             the
             conclusion
             of
             King
             
             Ina's
             Charter
             to
             the
             Abbey
             of
             Glastenbury
             importeth
             ,
             in
             words
             to
             this
             effect
             in
             English
             ;
             I
             Ina
             
               the
               King
               ,
               do
               confirm
               this
               Grant
               and
               Liberty
               ,
               by
               subscription
               of
               my
               own
               hand
               ,
               and
               under
               the
               seal
               of
               the
               holy
               Cross.
            
             True
             it
             is
             ,
             Ingulphus
             tells
             us
             that
             Seals
             to
             Deeds
             were
             of
             Norman
             original
             ;
             I
             believe
             his
             intent
             is
             concerning
             
               Seals
               of
               Wax
            
             annexed
             or
             affixed
             unto
             Deeds
             .
             Lastly
             ,
             in
             those
             days
             also
             they
             used
             to
             attest
             their
             Deeds
             ,
             
             by
             subscribing
             the
             names
             of
             such
             as
             were
             present
             ;
             who
             being
             of
             greater
             or
             meaner
             rank
             ,
             rendred
             the
             credit
             of
             the
             Deed
             accordingly
             more
             or
             less
             valuable
             :
             and
             upon
             this
             ground
             did
             the
             acknowledging
             or
             proving
             of
             Deeds
             before
             the
             King
             ,
             
             Bishop
             ,
             County
             ,
             or
             Hundred
             ,
             first
             arise
             .
          
           
             That
             was
             the
             Roman
             fashion
             ;
             but
             the
             more
             ancient
             German
             way
             of
             Conveyance
             was
             by
             Livery
             and
             Seisin
             ,
             
             as
             most
             suitable
             to
             their
             ignorance
             ,
             who
             had
             Learning
             in
             as
             slight
             account
             as
             the
             Lacedemonians
             had
             ,
             and
             cared
             for
             no
             more
             than
             would
             serve
             the
             turn
             of
             natural
             necessity
             .
             A
             property
             they
             had
             both
             in
             Lands
             and
             Goods
             ;
             and
             where
             that
             resteth
             ,
             no
             man
             can
             deny
             them
             the
             natural
             way
             of
             giving
             and
             receiving
             by
             delivery
             .
             And
             therefore
             though
             matters
             of
             ordinary
             use
             seldom
             come
             into
             the
             observation
             of
             story
             ,
             and
             this
             petty
             ceremony
             might
             very
             well
             pass
             
               sub
               silentio
            
             ;
             yet
             we
             are
             not
             altogether
             left
             destitute
             of
             the
             footsteeps
             thereof
             in
             antiquity
             .
             
             For
             Aethbald
             the
             Mercian
             King
             ,
             above
             Eight
             hundred
             years
             ago
             ,
             gave
             the
             Monastery
             of
             Cutham
             ,
             with
             all
             the
             Lands
             thereunto
             appertaining
             ,
             to
             Christ-Church
             in
             Canterbury
             ;
             and
             for
             the
             confirmation
             thereof
             ,
             commanded
             a
             clod
             of
             earth
             with
             all
             the
             Writings
             to
             be
             laid
             upon
             the
             Altar
             .
             
             Another
             monument
             hereof
             more
             ancient
             by
             the
             space
             of
             above
             
             an
             hundred
             years
             we
             find
             in
             that
             Grant
             of
             Withered
             King
             of
             Kent
             ,
             of
             four
             Plough-lands
             in
             the
             Isle
             of
             Thanet
             ,
             the
             latter
             part
             whereof
             this
             Clause
             concludes
             thus
             :
             
               Ad
               cujus
               cumulum
               affirmationis
               ,
               cespitem
               hujus
               supradictae
               terrae
               super
               sanctum
               altare
               posui
               .
            
          
           
             Every
             man
             had
             liberty
             to
             execute
             the
             Law
             of
             his
             Inheritance
             in
             his
             life-time
             ;
             but
             some
             were
             surprized
             with
             sudden
             occasions
             ,
             and
             unexpected
             issues
             and
             ends
             ;
             and
             in
             such
             cases
             they
             did
             what
             they
             could
             to
             declare
             their
             intents
             by
             
               last
               Will
            
             ;
             
             which
             by
             common
             intendment
             being
             in
             writing
             ,
             hath
             occasioned
             some
             to
             think
             that
             the
             Saxons
             in
             their
             original
             had
             no
             use
             thereof
             ,
             being
             ,
             as
             they
             conceived
             ,
             so
             illiterate
             as
             not
             to
             have
             the
             use
             of
             writing
             .
             But
             the
             Character
             remaining
             to
             this
             day
             evinceth
             the
             contrary
             ;
             nor
             can
             those
             words
             of
             
               Tacitus
               ,
               Et
               nullum
               est
               testamentum
               ,
            
             in
             any
             rational
             way
             be
             expounded
             in
             this
             sence
             ,
             if
             we
             consider
             the
             Context
             ,
             which
             runneth
             thus
             :
             
               Haeredes
               &
               successores
               cuique
               liberi
               ,
               &
               nullum
               est
               testamentum
               .
            
             Which
             in
             my
             opinion
             founds
             in
             this
             sence
             :
             
               The
               Heirs
               and
               Successours
               to
               every
               one
               are
               his
               Children
               ,
               and
               there
               is
               no
               testamentary
               power
               to
               disherit
               or
               alter
               the
               course
               of
               Descent
               ,
               which
               by
               Custom
               or
               Law
               is
               setled
               .
            
             Otherwise
             to
             deny
             them
             the
             use
             of
             all
             testamentary
             power
             ,
             was
             a
             matter
             quite
             abhorring
             the
             custom
             of
             all
             the
             Grecians
             ,
             from
             whom
             they
             learned
             all
             that
             they
             had
             .
             
             Nevertheless
             the
             Saxons
             had
             not
             been
             long
             acquainted
             with
             the
             Romanists
             ,
             
             but
             they
             had
             gotten
             that
             trick
             of
             theirs
             also
             of
             disheriting
             by
             
               last
               Will
            
             ,
             as
             by
             the
             testament
             of
             Aethelwolf
             ,
             and
             others
             of
             the
             like
             nature
             ,
             in
             Histories
             may
             appear
             .
          
           
             The
             Conveyances
             formerly
             mentioned
             concerned
             Lands
             and
             Goods
             ;
             
             but
             if
             no
             such
             disposal
             of
             Goods
             were
             ,
             the
             ancient
             German
             custom
             carried
             them
             after
             the
             death
             of
             the
             ancestor
             promiscuously
             ,
             or
             rather
             in
             common
             to
             all
             the
             Children
             ;
             but
             in
             succeeding
             times
             ,
             the
             one
             half
             by
             the
             Law
             of
             Edmond
             passed
             to
             the
             relict
             of
             the
             party
             deceased
             ,
             by
             force
             of
             contract
             rather
             than
             course
             of
             descent
             .
             After
             him
             Edward
             the
             Confessor
             ,
             recollecting
             the
             Laws
             ,
             declared
             that
             
               in
               case
               any
               one
               died
               intestate
               ,
               the
               Children
               should
               equally
               divide
               the
               Goods
            
             ;
             which
             I
             take
             to
             be
             understood
             with
             a
             salvo
             of
             the
             Wifes
             Dower
             or
             Portion
             .
             As
             yet
             therefore
             the
             Ordinaries
             have
             nothing
             to
             do
             with
             the
             Administration
             ,
             for
             Goods
             passed
             by
             descent
             as
             well
             as
             Lands
             ;
             and
             upon
             this
             custom
             the
             Writ
             
               de
               rationabili
               parte
               bonorum
            
             was
             grounded
             at
             the
             Common-law
             ,
             as
             well
             for
             the
             Children
             as
             the
             Wifes
             part
             ,
             
             according
             as
             by
             the
             body
             of
             the
             Writ
             may
             appear
             .
          
        
         
           
             CHAP.
             XLII
             .
             Of
             times
             of
             Law
             ,
             and
             Vacancy
             .
          
           
             SUch
             like
             ,
             as
             hath
             been
             shewed
             ,
             was
             the
             course
             of
             Government
             in
             those
             darker
             times
             ;
             nor
             did
             the
             fundamentals
             alter
             either
             by
             the
             diversity
             and
             mixture
             of
             people
             of
             several
             Nations
             in
             the
             first
             entrance
             ,
             nor
             from
             the
             Danes
             or
             Normans
             in
             their
             survenue
             :
             not
             onely
             because
             in
             their
             original
             they
             all
             breathed
             one
             air
             of
             the
             Laws
             and
             Government
             of
             Greece
             ,
             but
             also
             they
             were
             no
             other
             than
             common
             dictates
             of
             nature
             refined
             by
             wise
             men
             ,
             which
             challenge
             a
             kinde
             of
             awe
             in
             the
             sense
             of
             the
             most
             barbarous
             .
             I
             had
             almost
             forgot
             one
             circumstance
             ,
             which
             tended
             much
             to
             the
             honour
             of
             all
             the
             rest
             ,
             that
             is
             ,
             their
             speedy
             execution
             of
             Justice
             ;
             for
             they
             admitted
             no
             delays
             ,
             till
             upon
             experience
             they
             found
             that
             by
             staying
             a
             
             little
             longer
             they
             had
             done
             the
             sooner
             :
             and
             this
             brought
             forth
             particular
             times
             of
             exemption
             ,
             
             as
             that
             of
             Infancy
             and
             Child-bearing
             ,
             in
             case
             of
             answering
             to
             criminal
             Accusations
             .
             
             But
             more
             especially
             in
             case
             of
             regard
             of
             holiness
             of
             the
             time
             :
             as
             that
             of
             the
             
               Lords
               day
               ,
               Saints
               days
               ,
               Fasts
               ,
               Ember
               days
            
             ;
             for
             even
             those
             days
             were
             had
             in
             much
             honour
             .
             Nor
             onely
             days
             ,
             but
             seasons
             ;
             as
             from
             Advent
             to
             the
             Octaves
             of
             Epiphany
             ;
             from
             Septuagesima
             till
             
               Fifteen
               days
            
             after
             Easter
             ,
             or
             (
             as
             by
             the
             Laws
             of
             the
             Confessor
             )
             till
             
               Eight
               days
            
             after
             Easter
             ;
             and
             from
             Ascention
             to
             the
             
               Eighth
               day
            
             after
             Pentecost
             .
             And
             though
             as
             Kings
             and
             times
             did
             change
             ,
             so
             these
             seasons
             might
             be
             diversly
             cut
             out
             ,
             as
             the
             Laws
             of
             
               Alfred
               ,
               Aethelstan
               ,
               Aetheldred
               ,
               Edgar
               ,
               Canutus
               ,
            
             and
             Edward
             ,
             do
             manifest
             ;
             yet
             all
             agreed
             in
             the
             season
             of
             the
             year
             ,
             and
             that
             some
             were
             more
             fit
             for
             holy
             observation
             than
             others
             .
             And
             thus
             by
             the
             devotion
             of
             Princes
             ,
             and
             power
             of
             the
             Clergy
             ,
             the
             
               four
               Terms
            
             of
             the
             year
             were
             cut
             out
             for
             course
             of
             Law
             in
             the
             Kings
             Court
             ,
             the
             rest
             of
             the
             year
             being
             left
             vacant
             for
             the
             exercise
             and
             maintenance
             of
             Husbandry
             ,
             and
             particular
             callings
             and
             imployments
             ;
             saving
             that
             even
             in
             those
             times
             the
             Courts
             of
             the
             County
             and
             Hundred
             held
             their
             ancient
             and
             constant
             course
             .
             
             Last
             of
             all
             ,
             and
             as
             a
             binding
             Law
             unto
             all
             ,
             it
             was
             provided
             that
             false
             Judges
             should
             give
             satisfaction
             to
             the
             party
             wronged
             by
             them
             ,
             and
             (
             as
             the
             case
             required
             )
             to
             forfeit
             the
             residue
             to
             the
             King
             ;
             to
             be
             disabled
             for
             ever
             for
             place
             of
             judicature
             ,
             and
             their
             lives
             left
             to
             the
             Kings
             mercy
             .
          
        
         
           
             CHAP.
             XLIII
             .
             The
             end
             of
             the
             Saxon
             Government
             .
          
           
             ANd
             this
             far
             of
             the
             joynts
             of
             the
             Saxon
             Government
             in
             their
             
               Persons
               ,
               Precincts
               ,
               Courts
               ,
               Causes
               ,
            
             and
             Laws
             ;
             wherein
             as
             the
             distance
             will
             permit
             ,
             and
             according
             to
             my
             capacity
             ,
             I
             have
             endeavoured
             to
             refresh
             the
             Image
             of
             the
             Saxon
             Commonwealth
             ,
             the
             more
             curious
             lineaments
             being
             now
             disfigured
             by
             time
             .
             Afar
             off
             it
             seems
             a
             Monarchy
             ,
             but
             in
             approach
             discovers
             more
             of
             a
             Democracy
             ;
             and
             if
             the
             temper
             of
             a
             body
             may
             appear
             by
             the
             prevailing
             humour
             towards
             age
             ,
             that
             Government
             did
             still
             appear
             more
             prevalent
             in
             all
             assaults
             both
             of
             time
             and
             change
             .
             The
             first
             great
             change
             it
             felt
             was
             from
             the
             Danes
             that
             stormed
             them
             ,
             and
             shewed
             therein
             much
             of
             the
             wrath
             both
             of
             God
             and
             man.
             And
             yet
             they
             trenched
             not
             upon
             the
             fundamental
             Laws
             of
             the
             peoples
             Liberty
             .
             The
             worst
             effect
             was
             upon
             the
             Church
             ,
             in
             the
             decay
             of
             the
             power
             of
             Religion
             and
             the
             Worship
             of
             God.
             For
             after
             much
             toil
             and
             loss
             both
             of
             sweat
             and
             bloud
             ,
             the
             Danes
             (
             finding
             that
             little
             was
             to
             be
             gotten
             by
             blows
             but
             blows
             ,
             and
             that
             the
             Clergy
             at
             the
             least
             was
             the
             side-wind
             in
             the
             course
             of
             all
             affairs
             )
             laid
             aside
             their
             Paganism
             ,
             and
             joyned
             with
             the
             Clergie
             :
             and
             as
             their
             Converts
             and
             Pupils
             ,
             gained
             not
             onely
             their
             quiet
             residence
             ,
             but
             by
             the
             favour
             of
             the
             Clergie
             to
             make
             trial
             of
             the
             Throne
             ;
             and
             therein
             served
             the
             Clergie
             so
             well
             ,
             as
             they
             brought
             the
             people
             to
             a
             perfect
             Idolatry
             ,
             with
             times
             ,
             places
             ,
             and
             persons
             ,
             and
             subjection
             of
             their
             Estates
             to
             Church-Tributes
             .
             And
             as
             at
             Tennis
             ,
             the
             Dane
             and
             Bishop
             served
             each
             other
             with
             the
             fond
             Country-man
             ,
             that
             whether
             
               Lord
               Dane
            
             or
             Lord-Bishop
             was
             the
             greater
             burthen
             ,
             is
             hard
             to
             be
             
             determined
             .
             Thus
             became
             ambitious
             Prelacy
             in
             its
             full
             glory
             ,
             and
             the
             poor
             Church
             of
             Christ
             clouded
             in
             darkness
             ,
             and
             little
             hold
             left
             for
             recovery
             ,
             but
             onely
             by
             the
             liberty
             of
             the
             Saxon
             Freemen
             ,
             which
             the
             Danes
             could
             never
             conquer
             ;
             not
             for
             want
             of
             will
             or
             power
             ,
             but
             of
             time
             and
             occasion
             :
             For
             the
             Crown
             returned
             to
             the
             
             Saxon-line
             again
             after
             the
             half
             age
             of
             one
             man
             ,
             although
             it
             was
             worn
             by
             three
             ;
             so
             God
             would
             have
             it
             :
             nor
             did
             any
             monument
             of
             the
             Danish
             Government
             remain
             ,
             saving
             a
             few
             customs
             in
             some
             places
             ,
             which
             shew
             rather
             that
             the
             Danes
             were
             here
             ,
             than
             that
             they
             ruled
             here
             .
          
           
             To
             sum
             up
             all
             ;
             The
             Saxon
             Common-wealth
             was
             a
             building
             of
             greatest
             strength
             downward
             even
             to
             the
             foundation
             ,
             arched
             together
             both
             for
             Peace
             and
             War.
             That
             by
             the
             Law
             of
             Decenners
             ,
             wherein
             Justice
             was
             the
             bond
             ,
             their
             Armies
             were
             gathered
             ,
             not
             by
             promiscuous
             flocking
             of
             people
             ,
             but
             by
             orderly
             concurrence
             of
             Families
             ,
             Kindreds
             ,
             and
             Decenners
             ,
             
             all
             chusing
             their
             own
             Leaders
             .
             And
             so
             Honour
             ,
             Love
             ,
             and
             Trust
             conspired
             together
             to
             leave
             no
             mans
             life
             in
             danger
             ,
             nor
             death
             unrevenged
             .
          
           
             It
             was
             a
             beautiful
             composure
             ,
             mutually
             dependant
             in
             every
             part
             from
             the
             Crown
             to
             the
             Clown
             ;
             the
             Magistrates
             being
             all
             choice
             men
             ,
             and
             the
             King
             the
             choicest
             of
             the
             chosen
             :
             election
             being
             the
             birth
             of
             esteem
             ,
             and
             that
             of
             merit
             ;
             this
             bred
             love
             and
             mutual
             trust
             ,
             which
             made
             them
             as
             corner-stones
             ,
             pointed
             forward
             to
             break
             the
             wave
             of
             danger
             .
             Nor
             was
             other
             reward
             expected
             by
             the
             great
             men
             ,
             but
             honour
             and
             admiration
             ,
             which
             commonly
             brought
             a
             return
             of
             acts
             of
             renown
             .
          
           
             Lastly
             ,
             it
             was
             a
             regular
             frame
             in
             every
             part
             ,
             squared
             and
             made
             even
             by
             Laws
             ,
             which
             in
             the
             people
             ruled
             as
             
               Lex
               loquens
            
             ,
             and
             in
             the
             Magistrate
             as
             
               Lex
               intelligens
            
             ;
             all
             of
             them
             being
             grounded
             on
             the
             wisdom
             of
             the
             Greeks
             ,
             and
             Judicials
             of
             Moses
             .
             Thus
             the
             Saxons
             became
             somewhat
             like
             the
             Jews
             ,
             distinct
             from
             all
             other
             people
             ;
             their
             Laws
             honourable
             for
             the
             King
             ,
             easie
             for
             the
             Subject
             ;
             and
             their
             Government
             ,
             above
             all
             other
             ,
             likest
             unto
             that
             of
             Christ's
             Kingdom
             ,
             whose
             
               Yoke
               is
               easie
               ,
               and
               Burthen
               light
               .
            
             But
             their
             motion
             proved
             so
             irregular
             ,
             as
             God
             was
             pleased
             to
             reduce
             them
             by
             another
             way
             .
          
        
         
           
             CHAP.
             XLIV
             .
             Of
             the
             Norman
             entrance
             .
          
           
             THus
             was
             England
             become
             a
             goodly
             Farm
             :
             The
             Britons
             were
             the
             Owners
             ,
             the
             Saxons
             the
             Occupants
             ,
             having
             no
             better
             title
             than
             a
             possession
             upon
             a
             forcible
             entry
             ,
             with
             a
             continuando
             for
             the
             space
             of
             Four
             hundred
             years
             :
             seldom
             quiet
             ,
             either
             from
             the
             claim
             and
             disturbances
             of
             the
             restless
             Britons
             ,
             or
             invading
             Danes
             ;
             who
             not
             onely
             got
             footing
             in
             the
             Country
             ,
             but
             setled
             in
             the
             Throne
             ;
             and
             after
             gave
             over
             the
             same
             to
             the
             use
             (
             as
             it
             proved
             )
             of
             another
             people
             sprung
             from
             the
             wilde
             stock
             of
             Norway
             ,
             and
             thence
             transplanted
             into
             a
             milder
             Climate
             ,
             yet
             scarcely
             civilized
             .
             That
             in
             one
             Isle
             the
             glory
             of
             God's
             bounty
             might
             shine
             forth
             to
             all
             the
             barbarism
             of
             Europe
             ,
             in
             making
             a
             beautiful
             Church
             out
             of
             the
             refuse
             of
             Nations
             .
             These
             were
             the
             Normans
             out
             of
             the
             continent
             of
             France
             ,
             that
             in
             their
             first
             view
             appeared
             like
             the
             Pillar
             of
             the
             Cloud
             ,
             with
             terrour
             of
             Revenge
             upon
             the
             Danish
             pride
             ,
             the
             Saxon
             cruelty
             ,
             and
             Idolatry
             
             of
             both
             people
             .
             But
             after
             some
             distance
             shewed
             like
             the
             Pillar
             of
             fire
             ,
             clearing
             God's
             providence
             for
             the
             good
             of
             this
             Island
             ,
             to
             be
             enjoyed
             by
             the
             succeeding
             generations
             .
             Nor
             was
             this
             done
             by
             Revelation
             or
             Vision
             ,
             but
             by
             over-ruling
             the
             aspiring
             mind
             of
             Duke
             William
             of
             Normandy
             to
             be
             a
             scourge
             unto
             Harold
             for
             his
             usurpation
             ,
             and
             unto
             the
             people
             for
             their
             causless
             deserting
             the
             Royal
             Stem
             .
             Yet
             because
             the
             haughtiest
             spirit
             is
             still
             under
             fame
             and
             opinion
             ,
             and
             cannot
             rest
             without
             pretence
             or
             colour
             of
             Right
             and
             Justice
             ,
             the
             Duke
             first
             armed
             himself
             with
             Titles
             ,
             which
             were
             too
             many
             to
             make
             one
             good
             claim
             ;
             and
             served
             rather
             to
             busie
             mens
             mindes
             with
             musing
             ,
             whilst
             he
             catcheth
             the
             prey
             ,
             than
             settle
             their
             judgements
             in
             approving
             of
             his
             way
             .
             First
             ,
             he
             was
             Cousin-german
             to
             the
             Confessor
             ,
             and
             he
             childless
             ;
             and
             thus
             the
             Duke
             was
             nigh
             ,
             though
             there
             were
             nigher
             than
             he
             :
             but
             the
             worst
             point
             in
             the
             case
             was
             ,
             that
             the
             Duke
             was
             a
             Bastard
             ,
             and
             so
             by
             the
             Saxon
             Law
             without
             the
             line
             ;
             nor
             was
             there
             other
             salve
             thereto
             but
             the
             Norman
             custom
             ,
             that
             made
             no
             difference
             ;
             so
             as
             the
             Duke
             had
             a
             colour
             to
             frame
             a
             Title
             ,
             though
             England
             had
             no
             Law
             to
             allow
             it
             .
             And
             this
             was
             the
             best
             flower
             of
             his
             Garland
             ,
             when
             he
             meant
             to
             solace
             himself
             with
             the
             English
             ,
             as
             may
             appear
             by
             what
             his
             Son
             Henry
             the
             first
             sets
             forth
             to
             the
             World
             in
             his
             Charter
             whereby
             he
             advanced
             the
             Abbey
             of
             Ely
             into
             the
             degree
             of
             a
             Bishoprick
             ;
             and
             wherein
             ,
             amongst
             his
             other
             titles
             ,
             
             he
             calls
             himself
             Son
             of
             William
             the
             great
             ,
             Qui
             Edwardo
             
               Regi
               successit
               in
               regnum
               jure
               haereditario
               .
            
          
           
             But
             if
             that
             came
             short
             ,
             he
             had
             the
             bequest
             of
             the
             Confessor
             ,
             who
             had
             designed
             the
             Duke
             to
             be
             his
             Successor
             :
             and
             this
             was
             confirmed
             by
             the
             consent
             of
             the
             Nobility
             ,
             
             and
             principally
             of
             Harold
             himself
             ,
             who
             in
             assurance
             thereof
             promised
             his
             Sister
             to
             the
             Duke
             in
             marriage
             .
             This
             countenanced
             a
             double
             Title
             ,
             one
             by
             Legacy
             ,
             the
             other
             by
             Election
             ;
             and
             might
             be
             sufficient
             ,
             if
             not
             to
             make
             the
             Duke's
             title
             just
             ,
             yet
             
             Harold's
             the
             more
             unjust
             ,
             and
             to
             ground
             that
             quarrel
             that
             in
             the
             conclusion
             laid
             the
             Duke's
             way
             open
             to
             the
             Crown
             .
             And
             for
             the
             better
             varnish
             ,
             the
             Duke
             would
             not
             be
             his
             own
             Judge
             ,
             he
             refers
             his
             Title
             to
             be
             discussed
             at
             the
             Court
             of
             Rome
             ,
             and
             so
             flattered
             the
             Pope
             with
             a
             judicatory
             power
             amongst
             Princes
             (
             a
             trick
             of
             the
             new
             stamp
             )
             whereby
             he
             obtained
             sentence
             in
             his
             own
             behalf
             from
             the
             infallible
             Chair
             .
             The
             Pope
             glad
             hereof
             ,
             laid
             up
             this
             amongst
             his
             Treasures
             ,
             as
             an
             Estoppel
             to
             Kings
             for
             times
             to
             come
             :
             And
             the
             King
             made
             no
             less
             benefit
             of
             Estoppel
             against
             the
             English
             Clergie
             that
             otherwise
             might
             have
             opposed
             him
             ,
             and
             of
             assurance
             of
             those
             to
             him
             that
             were
             his
             friends
             ,
             and
             of
             advantage
             against
             Harold
             ,
             
             that
             had
             gotten
             the
             Crown
             
               sine
               Ecclesiastica
               authoritate
            
             ,
             and
             by
             that
             means
             had
             made
             Pope
             Alexander
             and
             all
             the
             Prelates
             of
             England
             his
             Enemies
             .
          
           
             But
             if
             all
             failed
             ,
             yet
             the
             Duke
             had
             now
             a
             just
             cause
             of
             quarrel
             against
             Harold
             for
             breach
             of
             Oath
             and
             Covenant
             ;
             
             wherein
             if
             Harold
             chanced
             to
             be
             vanquished
             ,
             and
             the
             Crown
             offered
             it self
             fair
             ,
             he
             might
             without
             breach
             of
             conscience
             or
             modesty
             accept
             thereof
             ,
             and
             be
             accounted
             happy
             in
             the
             finding
             ,
             and
             wise
             in
             the
             receiving
             ,
             rather
             than
             unjustly
             hardy
             in
             the
             forcing
             thereof
             .
             And
             this
             might
             occasion
             the
             Duke
             to
             challenge
             Harold
             to
             single
             Combat
             ,
             as
             if
             he
             would
             let
             all
             the
             World
             know
             that
             
               the
               quarrel
               was
               Personal
               ,
               and
               not
               National
               .
            
          
           
             But
             this
             mask
             soon
             fell
             off
             by
             the
             death
             of
             Harold
             ;
             and
             the
             Duke
             must
             now
             explain
             himself
             ,
             that
             it
             was
             the
             value
             of
             the
             English
             Crown
             ,
             and
             not
             the
             Title
             ,
             that
             brought
             him
             over
             .
             For
             though
             he
             might
             seem
             as
             it
             were
             in
             the
             heat
             of
             the
             chase
             to
             be
             drawn
             to
             London
             ,
             where
             the
             Crown
             was
             ,
             and
             that
             he
             rather
             sought
             after
             his
             Enemies
             than
             it
             ;
             yet
             assoon
             as
             he
             perceived
             
             the
             Crown
             in
             his
             power
             ,
             he
             disputed
             not
             the
             right
             ,
             although
             that
             was
             
             Edgar's
             ,
             but
             possessed
             himself
             of
             the
             long-desired
             prey
             :
             and
             yet
             he
             did
             it
             in
             a
             mannerly
             way
             ,
             as
             if
             he
             saw
             in
             it
             somewhat
             more
             than
             Gold
             and
             precious
             Stones
             :
             for
             though
             he
             might
             have
             taken
             it
             by
             ravishment
             ,
             yet
             he
             chose
             the
             way
             of
             wooing
             by
             a
             kind
             of
             mutual
             agreement
             .
             Thus
             this
             mighty
             Conqueror
             suffered
             himself
             to
             be
             conquered
             ,
             and
             stooping
             under
             the
             Law
             of
             a
             Saxon
             King
             ,
             he
             became
             a
             King
             by
             lieve
             ;
             wisely
             foreseeing
             ,
             that
             a
             Title
             gotten
             by
             Election
             ,
             is
             more
             certain
             than
             that
             which
             is
             gotten
             by
             Power
             .
          
        
         
           
             CHAP.
             XLV
             .
             That
             the
             Title
             of
             the
             Norman
             Kings
             to
             the
             English
             Crown
             was
             by
             Election
             .
          
           
             SOme
             there
             are
             that
             build
             their
             opinion
             upon
             passionate
             notes
             of
             angry
             Writers
             ,
             and
             do
             conclude
             that
             the
             Duke's
             way
             and
             Title
             was
             wholly
             by
             Conquest
             ,
             and
             thence
             infer
             strange
             aphorisms
             of
             State
             ,
             destructive
             to
             the
             Government
             of
             this
             Kingdom
             .
             Let
             the
             Reader
             please
             to
             peruse
             the
             ensuing
             particulars
             ,
             and
             thence
             conclude
             as
             he
             shall
             see
             cause
             .
          
           
             It
             will
             easily
             be
             granted
             that
             the
             Title
             of
             Conquest
             was
             never
             further
             than
             the
             King's
             thoughts
             ,
             if
             it
             ever
             entred
             therein
             :
             else
             wherefore
             did
             he
             pretend
             other
             Titles
             to
             the
             world
             ?
             But
             because
             it
             may
             be
             thought
             that
             his
             wisdom
             would
             not
             suffer
             him
             to
             pretend
             what
             he
             intended
             ,
             and
             yet
             in
             practice
             intended
             not
             what
             he
             did
             pretend
             ;
             it
             will
             be
             the
             skill
             of
             the
             Reader
             to
             consider
             the
             manner
             of
             the
             first
             
             William's
             Coronation
             ,
             and
             his
             succeeding
             Government
             .
             His
             Coronation
             questionless
             was
             the
             same
             with
             that
             of
             the
             ancient
             Saxon
             Kings
             ;
             for
             he
             was
             crowned
             in
             the
             Abbey
             of
             Westminster
             by
             the
             Archbishop
             of
             York
             ,
             because
             he
             of
             Canterbury
             was
             not
             Canonical
             .
             
             At
             his
             Coronation
             he
             made
             a
             solemn
             Covenant
             to
             observe
             those
             Laws
             which
             were
             
               bonae
               ,
               &
               approbatae
               ,
               &
               antiquae
               legis
               Regni
               ;
               to
               defend
               the
               Church
               and
               Church-men
               ;
               to
               govern
               all
               the
               people
               justly
               ;
               to
               make
               and
               maintain
               righteous
               Laws
               ;
               and
               to
               inhibit
               all
               spoil
               and
               unjust
               judgements
               .
            
             The
             people
             also
             entred
             into
             Covenant
             with
             him
             ,
             
               That
               as
               well
               within
               the
               Land
               as
               without
               ,
               they
               would
               be
               faithful
               to
               their
               Lord
               King
            
             William
             ,
             
               and
               in
               every
               place
               to
               keep
               with
               all
               fidelity
               his
               Lands
               and
               Honours
               ,
               together
               with
               him
               ,
               and
               against
               Enemies
               and
               Strangers
               to
               defend
               .
            
             It
             is
             the
             self-same
             in
             substance
             with
             the
             fealty
             that
             the
             Saxons
             made
             to
             their
             Kings
             ,
             as
             will
             appear
             by
             the
             parallelling
             them
             both
             together
             .
             The
             Saxons
             were
             sworn
             to
             defend
             the
             Kingdom
             against
             Strangers
             and
             Enemies
             ,
             together
             with
             their
             Lord
             the
             King
             ,
             and
             to
             preserve
             his
             Lands
             and
             Honours
             ,
             together
             with
             him
             ,
             with
             all
             faithfulness
             ;
             so
             as
             by
             the
             Saxon
             way
             ,
             the
             Allegiance
             first
             terminated
             on
             the
             Kingdom
             ,
             and
             then
             ,
             as
             in
             order
             thereunto
             ,
             upon
             the
             King
             ,
             with
             his
             Lands
             and
             Honours
             .
             But
             the
             Norman
             either
             wholly
             omitted
             the
             first
             ,
             as
             needless
             to
             be
             inserted
             in
             a
             municipal
             Law
             ,
             it self
             being
             a
             Law
             in
             nature
             ;
             or
             else
             includeth
             all
             within
             the
             words
             Lands
             and
             Honours
             ,
             taking
             the
             same
             in
             a
             comprehensive
             sence
             for
             the
             whole
             Kingdom
             ,
             and
             so
             made
             up
             the
             sum
             of
             the
             
               Saxon
               fealty
            
             in
             fewer
             figures
             .
             Which
             may
             seem
             the
             more
             probable
             of
             the
             twain
             ,
             because
             little
             reason
             can
             be
             rendred
             why
             the
             King
             should
             restrain
             that
             defence
             to
             his
             private
             Lands
             (
             if
             he
             claimed
             all
             by
             Conquest
             )
             
             whenas
             all
             equally
             concerned
             him
             ;
             or
             why
             he
             should
             exclude
             the
             publick
             ,
             whenas
             both
             himself
             and
             all
             he
             had
             was
             embarqued
             therein
             ,
             and
             it
             might
             subsist
             without
             him
             ,
             but
             contrarily
             not
             he
             without
             it
             ,
             appeareth
             not
             to
             my
             understanding
             ;
             nor
             did
             the
             thing
             enter
             into
             the
             King's
             purpose
             ,
             if
             the
             file
             of
             his
             purposes
             be
             rightly
             considered
             :
             For
             speaking
             concerning
             
               Castles
               ,
               Burroughs
            
             ,
             and
             Cities
             ,
             which
             are
             in
             nature
             limbs
             of
             the
             Common-wealth
             ,
             
             he
             saith
             that
             
               they
               were
               built
               for
               the
               defence
               of
               the
               people
               and
               Kingdom
               .
            
             Was
             this
             the
             service
             of
             Walls
             and
             Fortifications
             ,
             and
             not
             much
             rather
             of
             men
             within
             those
             places
             of
             strength
             ?
             Certainly
             the
             plain
             English
             is
             ,
             that
             in
             time
             of
             breach
             of
             publick
             quiet
             and
             peace
             ,
             the
             Subjects
             were
             bound
             to
             defend
             the
             Kingdom
             ,
             and
             in
             order
             thereto
             the
             people
             of
             the
             same
             ,
             and
             of
             the
             King
             's
             right
             included
             in
             the
             publick
             defence
             ;
             else
             it
             were
             a
             strange
             conclusion
             ,
             that
             each
             man
             in
             particular
             ,
             and
             in
             their
             own
             personalone
             ,
             was
             bound
             to
             defend
             the
             King
             's
             right
             ;
             but
             being
             imbodied
             ,
             the
             Kingdom
             .
             And
             yet
             more
             clearly
             it
             's
             apparent
             ,
             in
             that
             the
             service
             of
             the
             order
             of
             Knight-hood
             ,
             which
             was
             the
             chief
             strength
             of
             the
             Nation
             in
             those
             days
             ,
             was
             determined
             upon
             the
             service
             of
             the
             King
             ,
             and
             defence
             of
             the
             Kingdom
             ;
             or
             which
             is
             more
             plain
             ,
             for
             the
             service
             of
             the
             King
             in
             or
             for
             defence
             of
             the
             Kingdom
             ,
             
             as
             the
             Statute
             of
             Mortmain
             expounds
             the
             same
             .
             But
             not
             to
             force
             the
             King's
             sence
             by
             argument
             ;
             if
             the
             King
             had
             purposely
             omitted
             that
             clause
             of
             the
             Kingdoms
             safety
             ,
             as
             of
             inferiour
             regard
             to
             his
             own
             personal
             interest
             ;
             it
             was
             one
             of
             his
             rashest
             digressions
             ,
             wherein
             he
             soon
             espied
             his
             errour
             :
             for
             in
             the
             midst
             of
             his
             strong
             and
             conquering
             Army
             he
             held
             himself
             unassured
             ,
             unless
             he
             had
             a
             better
             foundation
             than
             that
             which
             must
             change
             with
             the
             lives
             of
             a
             few
             at
             the
             utmost
             .
             And
             therefore
             besides
             the
             Oath
             of
             fealty
             formerly
             mentioned
             ,
             he
             established
             a
             Law
             of
             Association
             ,
             that
             all
             
               free
               men
            
             should
             be
             sworn
             Brethren
             ;
             1.
             
             
               To
               defend
               the
               Kingdom
               with
               their
               lives
               and
               fortunes
               against
               all
               enemies
               ,
            
             
             
               to
               the
               utmost
               of
               their
               power
               .
               2.
               
               To
               keep
               the
               peace
               and
               dignities
               of
               the
               Crown
               .
               3.
               
               To
               maintain
               right
               and
               justice
               by
               all
               means
               ,
               without
               deceit
               and
               delay
               .
            
             Joyn
             then
             these
             two
             Oaths
             together
             ,
             viz.
             that
             of
             fealty
             ,
             and
             this
             of
             fraternity
             ;
             and
             it
             will
             easily
             appear
             ,
             that
             the
             Allegiance
             of
             the
             English
             to
             the
             Norman
             Kings
             was
             no
             other
             than
             what
             might
             stand
             with
             Brotherhood
             ,
             and
             tender
             regard
             of
             the
             publick
             above
             all
             :
             and
             differing
             from
             the
             
               Saxon
               fealty
            
             on●y
             in
             this
             ,
             that
             that
             was
             in
             one
             Oath
             ,
             and
             this
             in
             two
             .
             Wherefore
             whatsoever
             respects
             steered
             in
             the
             rear
             of
             the
             King's
             course
             ,
             it
             is
             less
             material
             so
             long
             as
             the
             van
             was
             right
             ;
             albeit
             that
             the
             sequel
             will
             prove
             not
             much
             different
             from
             the
             premises
             ,
             as
             will
             appear
             in
             the
             foot
             of
             the
             whole
             account
             .
          
           
             Thus
             entred
             the
             first
             Norman
             upon
             the
             Saxon
             Throne
             ;
             
             and
             as
             he
             had
             some
             colour
             of
             right
             to
             countenance
             his
             course
             ,
             so
             had
             his
             Son
             his
             Fathers
             last
             Will
             ,
             and
             yet
             he
             had
             as
             little
             right
             as
             he
             .
             This
             was
             
               William
               Rufus
            
             ,
             that
             was
             of
             his
             Fathers
             way
             ,
             but
             of
             a
             deeper
             dye
             ;
             and
             therefore
             might
             well
             be
             called
             
               William
               Rufus
            
             ,
             or
             William
             in
             grain
             .
             He
             was
             exceeding
             happy
             in
             the
             fear
             or
             favour
             of
             the
             people
             ,
             for
             he
             had
             nothing
             else
             to
             make
             room
             for
             his
             rising
             .
             True
             it
             is
             ,
             he
             had
             the
             good
             will
             of
             his
             Father
             ,
             but
             he
             was
             dead
             ;
             and
             probably
             the
             people
             as
             little
             regarded
             it
             ,
             as
             he
             did
             them
             .
             Nor
             was
             it
             ever
             observed
             that
             the
             English
             Crown
             was
             of
             so
             light
             account
             ,
             as
             to
             pass
             by
             devise
             of
             
               cestui
               que
               use
            
             ;
             and
             therefore
             though
             it
             was
             designed
             to
             him
             from
             his
             Father
             ,
             yet
             both
             right
             and
             possession
             was
             left
             to
             the
             people
             to
             determine
             and
             maintain
             .
             The
             Clergy
             first
             led
             the
             way
             ,
             
             having
             first
             taken
             a
             recognizance
             of
             him
             for
             his
             good
             behaviour
             towards
             them
             ;
             which
             he
             assured
             ,
             as
             far
             as
             large
             promises
             and
             protestations
             would
             
             serve
             the
             turn
             ;
             and
             within
             one
             year
             after
             ,
             standing
             in
             need
             of
             the
             favour
             of
             the
             Commons
             (
             to
             maintain
             possession
             against
             his
             Brother
             Robert
             )
             he
             gave
             them
             as
             good
             security
             as
             the
             Clergy
             had
             ;
             which
             he
             kept
             in
             such
             manner
             ,
             that
             it
             was
             a
             wonder
             that
             one
             of
             so
             small
             interest
             in
             the
             Title
             ,
             but
             what
             he
             had
             by
             the
             peoples
             lieve
             and
             favour
             ,
             should
             rule
             in
             such
             manner
             ,
             and
             yet
             die
             a
             King
             ;
             the
             favour
             of
             the
             people
             being
             like
             a
             Meteor
             ,
             that
             must
             be
             continually
             fed
             ,
             or
             it
             soon
             goes
             out
             and
             falls
             :
             for
             evident
             it
             is
             ,
             that
             the
             right
             of
             inheritance
             was
             his
             elder
             Brother
             Roberts
             ,
             who
             was
             the
             braver
             man
             ,
             and
             more
             experienced
             Souldier
             ;
             and
             upon
             these
             principles
             had
             obtained
             the
             love
             of
             the
             Norman
             Barons
             (
             the
             flower
             of
             his
             Fathers
             Chivalry
             )
             and
             the
             liking
             of
             the
             Clergy
             ,
             
             after
             they
             had
             found
             by
             experience
             the
             emptiness
             of
             their
             hope
             in
             his
             Brother
             William
             ;
             and
             was
             every
             way
             so
             superiour
             to
             his
             Brother
             in
             advantages
             ,
             as
             we
             are
             left
             to
             believe
             that
             William
             got
             the
             day
             without
             any
             other
             ground
             ,
             but
             only
             that
             God
             would
             so
             have
             it
             .
             It
             is
             true
             ,
             the
             English
             stuck
             close
             to
             him
             ;
             but
             how
             they
             were
             gained
             or
             contained
             ,
             Writers
             speak
             not
             ,
             but
             tell
             us
             of
             his
             promises
             ,
             which
             also
             they
             tell
             us
             were
             vain
             ,
             and
             never
             had
             issue
             further
             than
             would
             stand
             with
             his
             profit
             .
          
           
             
               Exit
               William
               Rufus
            
             ,
             
             and
             in
             comes
             his
             younger
             Brother
             Henry
             the
             first
             of
             that
             name
             ;
             a
             Prince
             that
             excelled
             in
             wisdom
             ,
             and
             by
             it
             ruled
             his
             courage
             ,
             which
             served
             him
             so
             far
             ,
             as
             his
             aims
             and
             ends
             reached
             :
             his
             Title
             was
             no
             better
             than
             his
             Fathers
             or
             Brothers
             ,
             but
             rather
             worse
             ;
             for
             he
             had
             no
             colour
             of
             last
             Will
             to
             propound
             him
             to
             the
             people
             ,
             and
             his
             elder
             Brother
             Robert
             was
             still
             alive
             ,
             and
             by
             his
             service
             of
             the
             Church
             in
             the
             War
             of
             Jerusalem
             ,
             might
             merit
             that
             respect
             of
             the
             Clergy
             ,
             as
             not
             to
             permit
             him
             to
             be
             a
             loser
             by
             so
             well-deserving
             service
             ,
             as
             in
             those
             days
             that
             was
             accounted
             .
             Nevertheless
             the
             English
             look
             upon
             Henry
             as
             the
             fitter
             man
             for
             their
             turn
             ;
             being
             now
             at
             hand
             ,
             and
             Robert
             at
             Jerusalem
             ;
             and
             being
             a
             native
             born
             in
             England
             ,
             civilized
             into
             the
             English
             garb
             by
             education
             ;
             and
             of
             a
             wiser
             and
             fairer
             demeanour
             ,
             and
             more
             inclining
             to
             peaceable
             Government
             ,
             which
             both
             Normans
             and
             English
             much
             inclined
             to
             ,
             as
             being
             weary
             of
             thirty
             years
             service
             in
             the
             Wars
             .
             And
             therefore
             it
             is
             not
             marvellous
             if
             they
             applied
             themselves
             to
             him
             in
             a
             way
             of
             capitulation
             ,
             
             and
             less
             wonderful
             if
             he
             hearkned
             thereunto
             ;
             and
             yet
             neither
             unadvisedly
             yielded
             unto
             by
             him
             ,
             nor
             traiterously
             propounded
             by
             them
             ,
             as
             some
             in
             zeal
             to
             Monarchy
             conclude
             the
             point
             .
             The
             worst
             of
             the
             whole
             matter
             resting
             in
             this
             ,
             that
             the
             King
             bound
             himself
             to
             be
             just
             ,
             that
             he
             might
             be
             great
             ;
             and
             the
             people
             to
             submit
             unto
             Justice
             ,
             that
             they
             might
             be
             free
             ,
             like
             as
             their
             Ancestors
             were
             ,
             and
             themselves
             by
             the
             Law
             established
             ought
             to
             be
             .
             For
             the
             capitulation
             was
             in
             substance
             setled
             by
             the
             ancient
             Laws
             of
             the
             Saxons
             mixed
             with
             some
             additions
             of
             Laws
             made
             by
             the
             Kings
             Father
             ,
             with
             the
             joynt
             advice
             of
             the
             grand
             Council
             of
             the
             Kingdom
             ;
             all
             which
             both
             the
             
               Norman
               Williams
            
             had
             often
             confirmed
             by
             solemn
             protestations
             and
             promises
             ;
             however
             their
             actions
             ,
             
             upon
             sudden
             surprisal
             ,
             were
             
               malae
               consuetudines
            
             and
             
               exactiones
               injustae
            
             ,
             by
             this
             Kings
             own
             acknowledgment
             .
             Thus
             these
             three
             Norman
             Kings
             made
             their
             way
             to
             the
             Throne
             ;
             the
             first
             by
             Arms
             ,
             under
             colour
             of
             Title
             ;
             the
             second
             by
             a
             kind
             of
             Title
             ,
             under
             colour
             of
             Arms
             ;
             and
             the
             last
             by
             favour
             ,
             but
             all
             entred
             the
             same
             by
             
               capitulation
               ,
               election
            
             ,
             and
             stipulation
             ;
             and
             for
             the
             general
             ,
             had
             some
             regard
             to
             suit
             their
             course
             in
             order
             of
             retaining
             the
             good
             will
             of
             their
             people
             ,
             although
             in
             a
             different
             measure
             ,
             according
             to
             the
             differency
             of
             occasions
             .
          
        
         
           
           
             CHAP.
             XLVI
             .
             That
             the
             Government
             of
             the
             Normans
             proceeded
             upon
             the
             Saxon
             principles
             ;
             and
             first
             of
             Parliaments
             .
          
           
             THE
             principles
             which
             I
             mean
             ,
             are
             these
             :
             First
             ,
             the
             
               Legislative
               power
            
             ,
             and
             influence
             thereof
             upon
             the
             whole
             .
             Secondly
             ,
             the
             Members
             of
             that
             Government
             ,
             with
             their
             several
             motions
             .
             Thirdly
             ,
             the
             Laws
             and
             Customs
             ,
             or
             Rules
             of
             those
             Motions
             .
             And
             first
             concerning
             the
             
               Legislative
               power
            
             .
             Although
             it
             be
             true
             that
             the
             first
             Williams
             great
             and
             most
             constant
             labour
             was
             to
             have
             and
             to
             hold
             ,
             and
             had
             but
             little
             time
             or
             liberty
             to
             enjoy
             ;
             yet
             that
             time
             of
             rest
             which
             he
             had
             ,
             did
             apply
             it
             and
             himself
             in
             the
             setling
             of
             the
             Laws
             by
             the
             advice
             of
             Common-council
             :
             I
             say
             ,
             not
             by
             advice
             of
             his
             own
             heart
             ,
             or
             two
             or
             three
             Norman
             Lords
             ,
             
             or
             of
             the
             Norman
             Nobility
             only
             ,
             as
             some
             men
             take
             the
             confidence
             to
             aver
             ,
             as
             if
             they
             had
             been
             eye-witnesses
             to
             the
             actions
             of
             those
             days
             ;
             but
             by
             the
             joynt
             advice
             of
             the
             grand-Council
             of
             the
             Lords
             ,
             and
             wise
             men
             of
             the
             Kingdom
             of
             England
             .
             I
             will
             not
             insist
             upon
             force
             of
             argument
             to
             shew
             ,
             that
             common
             reason
             must
             of
             necessity
             sway
             the
             King
             into
             this
             course
             ,
             but
             shall
             reserve
             that
             to
             another
             place
             ;
             the
             testimonies
             of
             Writers
             must
             now
             serve
             the
             turn
             :
             and
             herein
             ,
             the
             testimony
             of
             the
             Chronicle
             of
             Lichfield
             must
             have
             the
             first
             place
             ,
             which
             speaks
             both
             of
             a
             Council
             of
             Lords
             ;
             and
             saith
             ,
             that
             by
             their
             advice
             he
             caused
             to
             be
             Summoned
             a
             meeting
             of
             all
             the
             Nobles
             and
             wise
             men
             through
             all
             the
             Counties
             of
             England
             ,
             to
             set
             down
             their
             Laws
             and
             Customs
             .
             This
             was
             in
             the
             fourth
             year
             of
             his
             Reign
             ,
             or
             rather
             after
             his
             entry
             ,
             and
             as
             soon
             as
             the
             Kingdom
             was
             brought
             into
             any
             reasonable
             posture
             of
             quiet
             ;
             and
             which
             ,
             besides
             the
             intention
             of
             governing
             the
             Kingdom
             according
             unto
             Law
             ,
             doth
             strongly
             pretend
             that
             the
             Parliament
             had
             the
             
               Legislative
               power
            
             and
             right
             of
             cognizance
             ,
             and
             judicature
             in
             those
             Laws
             that
             concerned
             the
             Kingdom
             in
             general
             ;
             and
             for
             the
             particular
             Laws
             or
             Customs
             of
             several
             places
             or
             Precincts
             ,
             it
             was
             referred
             to
             a
             Committee
             or
             Jury
             in
             every
             County
             to
             set
             them
             forth
             upon
             Oath
             .
          
           
             Secondly
             ,
             that
             this
             Council
             had
             power
             to
             change
             Laws
             ,
             may
             likewise
             appear
             in
             that
             Act
             made
             concerning
             the
             introduction
             of
             the
             Canon-Law
             ,
             
             which
             shews
             not
             only
             the
             power
             of
             that
             Council
             in
             Church-matters
             ,
             but
             also
             that
             the
             Canon
             was
             no
             further
             in
             force
             than
             the
             same
             would
             allow
             ;
             and
             this
             was
             also
             done
             by
             
               Common
               council
            
             ,
             and
             the
             Council
             of
             the
             Archbishops
             ,
             Bishops
             ,
             Abbots
             ,
             and
             all
             the
             Princes
             of
             the
             Kingdom
             ;
             which
             connexion
             shews
             plainly
             ,
             that
             there
             was
             a
             Council
             besides
             that
             of
             the
             Prelates
             and
             Princes
             .
          
           
             Thirdly
             ,
             in
             matters
             of
             general
             charge
             upon
             the
             whole
             body
             of
             the
             people
             ,
             the
             King
             used
             also
             the
             help
             of
             this
             Grand-council
             ,
             as
             may
             especially
             appear
             in
             the
             
               charge
               of
               Arms
            
             imposed
             upon
             the
             Subjects
             ;
             
             which
             was
             said
             to
             be
             done
             by
             the
             
               Common
               council
            
             of
             the
             whole
             Kingdom
             ;
             as
             is
             witnessed
             even
             by
             the
             Kings
             own
             Law.
             It
             may
             seem
             also
             ,
             that
             the
             
               grand
               Officers
            
             of
             the
             State
             were
             elected
             by
             such
             grand
             assembly
             of
             the
             wise
             men
             ;
             for
             we
             find
             that
             Lanfrank
             was
             elected
             to
             the
             See
             of
             Canterbury
             by
             the
             assent
             of
             the
             Lords
             and
             Prelates
             ,
             and
             of
             the
             whole
             people
             ,
             that
             is
             ,
             
             by
             the
             Parliament
             of
             England
             ;
             and
             as
             probable
             it
             is
             ,
             that
             Bishops
             were
             therein
             also
             elected
             ,
             for
             that
             the
             Bishop
             of
             Lichfield
             resigned
             his
             Bishoprick
             in
             such
             like
             
             Assembly
             ,
             
             if
             the
             meaning
             of
             Lanfrank
             be
             rightly
             understood
             ,
             who
             saith
             in
             his
             Letter
             ,
             that
             it
             was
             in
             
               conventu
               Episcoporum
               atque
               Laicorum
            
             .
          
           
             Lastly
             ,
             that
             one
             Law
             of
             the
             Kings
             ,
             which
             may
             be
             called
             the
             first
             
               Magna
               Charta
            
             in
             the
             Norman
             times
             ,
             by
             which
             the
             King
             reserved
             to
             himself
             from
             the
             free-men
             of
             this
             Kingdom
             nothing
             but
             their
             
               free
               service
            
             ,
             
             in
             the
             conclusion
             saith
             that
             their
             Lands
             were
             thus
             granted
             to
             them
             in
             inheritance
             of
             the
             King
             by
             the
             Common-council
             of
             the
             whole
             Kingdom
             ;
             and
             so
             asserts
             in
             one
             the
             liberty
             of
             the
             free-men
             ,
             and
             of
             the
             representative
             body
             of
             the
             Kingdom
             .
             These
             footsteps
             of
             the
             Parliament
             find
             we
             in
             the
             Conquerors
             time
             ,
             besides
             other
             more
             general
             intimations
             scattered
             amongst
             the
             Historians
             ;
             which
             may
             induce
             opinion
             to
             its
             full
             strength
             ,
             that
             this
             King
             ,
             however
             Conqueror
             he
             was
             ,
             yet
             made
             use
             of
             this
             additional
             power
             of
             Parliament
             to
             perfect
             his
             designs
             ;
             and
             it
             may
             be
             ,
             more
             often
             than
             either
             of
             his
             Sons
             ,
             that
             yet
             had
             less
             pretence
             of
             superlative
             power
             to
             countenance
             their
             proceedings
             .
          
           
             
               William
               Rufus
            
             was
             a
             man
             of
             resolution
             no
             whit
             inferiour
             ,
             if
             not
             surpassing
             his
             Father
             ;
             and
             had
             wit
             enough
             for
             any
             thing
             but
             to
             govern
             his
             desires
             ,
             which
             led
             him
             many
             times
             wild
             ,
             and
             might
             occasion
             conceit
             that
             he
             was
             almost
             a
             mad
             King
             ,
             though
             he
             were
             a
             witty
             man
             ;
             and
             therefore
             it
             is
             the
             less
             marvail
             if
             he
             used
             not
             the
             help
             of
             the
             Common-council
             more
             than
             needs
             must
             ;
             where
             Kings
             many
             times
             are
             told
             of
             that
             which
             they
             are
             loth
             to
             know
             .
             Nevertheless
             William
             the
             second
             could
             not
             pass
             over
             thirteen
             years
             without
             a
             parley
             with
             his
             Commons
             and
             Clergy
             ,
             unless
             he
             meant
             to
             adventure
             a
             parley
             between
             them
             and
             his
             Brother
             Robert
             ,
             who
             like
             an
             Eagle
             eyed
             his
             posture
             ,
             though
             he
             hovered
             afar
             off
             .
          
           
             But
             Henry
             the
             first
             was
             more
             wise
             ,
             and
             being
             trained
             up
             even
             from
             the
             Cradle
             in
             the
             English
             garb
             ,
             moralized
             by
             Learning
             ,
             and
             now
             admitted
             into
             the
             Throne
             ,
             found
             it
             the
             wisest
             course
             to
             apply
             himself
             to
             the
             rule
             of
             an
             English
             King
             ,
             
               viz.
               To
               win
               and
               maintain
               the
               good
               opinion
               of
               the
               people
               ,
               by
               consorting
               together
               with
               them
               under
               one
               Law
            
             ;
             and
             pledging
             himself
             thereto
             ,
             by
             taking
             unto
             Wife
             one
             of
             the
             English
             Blood-royal
             :
             by
             this
             means
             he
             refeised
             and
             reassumed
             the
             English
             ,
             in
             partnership
             with
             the
             Norman
             in
             their
             ancient
             right
             of
             Government
             ;
             and
             reconciled
             the
             minds
             of
             the
             people
             ,
             under
             a
             lively
             hope
             of
             enjoying
             a
             setled
             Government
             .
             Nor
             were
             they
             greatly
             deceived
             herein
             ,
             for
             his
             course
             was
             less
             planetary
             than
             that
             of
             either
             of
             his
             predecessors
             ;
             and
             yet
             we
             find
             little
             said
             of
             his
             parley
             with
             his
             people
             in
             a
             Parliamentary
             way
             ,
             although
             more
             of
             his
             Laws
             than
             of
             any
             of
             his
             predecessors
             .
             The
             reason
             will
             rest
             in
             this
             ,
             that
             the
             Writers
             of
             those
             times
             touch
             more
             upon
             matters
             of
             ordinary
             than
             political
             observation
             ,
             and
             regarded
             rather
             the
             thing
             ,
             than
             the
             place
             or
             manner
             how
             .
             The
             Laws
             therefore
             ,
             
             although
             they
             are
             not
             entituled
             as
             made
             in
             Parliament
             ,
             yet
             in
             the
             continuation
             of
             the
             History
             of
             Bede
             ,
             it
             is
             noted
             that
             the
             King
             renewed
             or
             confirmed
             the
             ancient
             Laws
             in
             
               Concilio
               peritorum
               &
               proborum
               virorum
               regni
               Angliae
            
             ;
             which
             may
             give
             sufficient
             cause
             to
             suppose
             ,
             that
             he
             declined
             not
             the
             ancient
             way
             ,
             no
             more
             than
             he
             did
             the
             ancient
             Law.
             
          
        
         
           
           
             CHAP.
             XLVII
             .
             Of
             the
             Franchise
             of
             the
             Church
             in
             the
             Normans
             time
             .
          
           
             THE
             Canon-Law
             ,
             that
             ever
             since
             
             Austin's
             coming
             ,
             like
             Thunder
             ,
             rumbled
             in
             the
             Clouds
             ,
             now
             breaks
             forth
             with
             confusion
             to
             all
             opposers
             .
             It
             had
             formerly
             made
             many
             fair
             proffers
             of
             service
             to
             this
             Island
             ,
             but
             it
             was
             disaccepted
             ,
             as
             too
             stately
             to
             serve
             ;
             yet
             by
             often
             courtesies
             received
             ,
             it
             was
             allowed
             as
             a
             Friend
             afar
             off
             .
             For
             the
             vast
             body
             of
             the
             Roman
             Empire
             ,
             like
             a
             body
             wasting
             with
             age
             ,
             died
             upward
             ,
             and
             left
             the
             Britains
             to
             their
             own
             Laws
             ,
             before
             the
             second
             Beast
             was
             grown
             ;
             which
             being
             young
             ,
             was
             nourished
             under
             the
             Imperial
             Law
             of
             the
             first
             Beast
             ,
             till
             it
             grew
             as
             strong
             as
             its
             Dam
             ,
             and
             began
             to
             prey
             for
             it self
             .
             The
             Empire
             perceiving
             its
             grey
             hairs
             ,
             and
             the
             youthful
             courage
             of
             this
             Upstart
             ,
             was
             glad
             to
             enter
             mutual
             League
             with
             it
             ,
             That
             to
             maintain
             the
             
               Ecclesiastical
               Monarchy
            
             ,
             and
             This
             again
             to
             support
             the
             Imperial
             :
             and
             so
             became
             the
             Canon
             and
             Imperial
             Law
             to
             be
             united
             ,
             and
             the
             Professours
             to
             be
             
               utriusque
               juris
            
             .
             But
             this
             parity
             continued
             not
             long
             ;
             the
             young
             Beast
             looked
             like
             a
             Lamb
             ,
             but
             spake
             like
             a
             Lion
             ;
             and
             contrarily
             ,
             the
             Eagle
             had
             cast
             its
             Feathers
             ,
             and
             could
             towre
             no
             more
             ;
             so
             as
             by
             this
             time
             the
             Pope
             was
             too
             good
             for
             the
             Emperour
             ,
             and
             the
             Canon-Law
             above
             the
             Imperial
             ;
             yet
             allowing
             it
             to
             serve
             the
             turn
             :
             And
             so
             the
             Professours
             of
             both
             Laws
             became
             Students
             in
             the
             Civil
             ,
             but
             Practisers
             of
             the
             Canon
             .
             This
             Composition
             thus
             made
             beyond
             the
             Seas
             ,
             the
             great
             work
             was
             how
             to
             transport
             it
             over
             into
             this
             Isle
             :
             for
             the
             Emperour
             could
             entitle
             the
             Pope
             to
             no
             power
             here
             ,
             because
             none
             he
             had
             .
             Austin
             the
             Monk
             undertakes
             the
             work
             ;
             he
             offers
             it
             to
             the
             Britains
             under
             the
             goodly
             Title
             of
             Universal
             Bishop
             :
             but
             they
             kept
             themselves
             out
             of
             Canon-shot
             .
             The
             Saxons
             allowed
             the
             Title
             ,
             but
             liked
             not
             the
             power
             ;
             the
             Monk
             observed
             the
             stop
             ,
             and
             left
             time
             to
             work
             out
             that
             which
             present
             cunning
             could
             not
             ,
             being
             content
             for
             the
             present
             that
             a
             League
             of
             Cohabitation
             should
             be
             made
             between
             the
             two
             Swords
             ,
             
             though
             the
             spiritual
             were
             for
             the
             present
             underling
             ;
             not
             despairing
             that
             it
             would
             work
             out
             its
             own
             way
             over
             the
             Saxon
             Law
             ,
             as
             it
             had
             done
             over
             the
             Imperial
             .
             Nor
             did
             his
             conceit
             altogether
             fail
             :
             for
             the
             Saxons
             by
             little
             allowed
             much
             ,
             and
             the
             Danes
             more
             ;
             although
             the
             main
             was
             preserved
             until
             the
             Normans
             came
             upon
             the
             Stage
             ,
             who
             made
             their
             way
             by
             the
             Pope's
             lieve
             ,
             and
             gave
             him
             a
             colour
             of
             somewhat
             more
             than
             ever
             any
             of
             their
             Saxon
             predecessors
             had
             done
             ;
             and
             to
             gain
             the
             more
             quiet
             possession
             of
             the
             Crown
             to
             themselves
             ,
             allowed
             the
             Pope
             the
             honour
             of
             their
             Council
             learned
             to
             draw
             the
             Conveyance
             :
             which
             ,
             as
             some
             think
             ,
             was
             made
             advantageously
             for
             the
             Pope
             himself
             in
             point
             of
             tenure
             ,
             but
             more
             probably
             in
             the
             Covenants
             .
             For
             the
             Conquerour
             was
             scarce
             setled
             in
             his
             seat
             ,
             but
             the
             Canon-Law
             began
             to
             speak
             in
             the
             voice
             of
             a
             Royal
             Law
             :
             
             First
             complaining
             of
             misgovernment
             ,
             as
             if
             the
             Church
             were
             extremely
             wronged
             by
             having
             the
             same
             way
             and
             Law
             of
             Tryal
             with
             the
             Commons
             of
             England
             ;
             and
             then
             propounds
             four
             several
             Expedients
             ,
             enough
             to
             have
             undone
             the
             whole
             Commonwealth
             in
             the
             very
             entrance
             ,
             had
             not
             the
             superstition
             of
             those
             times
             blinded
             both
             Parliament
             and
             People
             ,
             and
             rendred
             them
             willing
             to
             that
             which
             their
             successours
             in
             future
             ages
             often
             repented
             of
             .
          
           
             No
             offence
             against
             the
             Bishops
             Laws
             ,
             shall
             be
             handled
             in
             the
             Hundred
             .
          
           
             By
             the
             Saxon
             Law
             ,
             Church-matters
             had
             the
             preheminence
             both
             in
             the
             
             Hundred
             and
             in
             the
             County
             ;
             and
             it
             was
             the
             Bishop's
             duty
             to
             joyn
             with
             the
             Sheriff
             in
             those
             Courts
             ,
             to
             direct
             and
             see
             to
             the
             administration
             of
             Justice
             :
             and
             yet
             the
             Canon
             had
             been
             above
             three
             hundred
             years
             foregoing
             in
             the
             Negative
             .
          
           
             No
             Case
             concerning
             the
             Regiment
             of
             Souls
             ,
             shall
             be
             brought
             before
             the
             Secular
             Judge
             .
          
           
             The
             
               Regiment
               of
               Souls
            
             was
             a
             common
             place
             sufficient
             to
             contain
             any
             thing
             that
             was
             in
             order
             thereunto
             :
             and
             so
             every
             one
             that
             hath
             a
             Soul
             ,
             must
             be
             no
             more
             responsible
             unto
             the
             temporal
             Judge
             for
             any
             matter
             concerning
             it
             ,
             but
             unto
             the
             Ecclesiastical
             power
             :
             And
             this
             not
             onely
             in
             case
             of
             scandal
             ,
             as
             against
             the
             moral
             Law
             or
             rule
             of
             Faith
             ;
             but
             for
             disobedience
             done
             to
             the
             Canons
             ,
             made
             afar
             off
             ,
             concerning
             any
             gesture
             or
             garb
             that
             may
             come
             within
             the
             savour
             of
             an
             Ecclesiastical
             conceit
             .
          
           
             That
             all
             Delinquents
             against
             the
             Bishops
             Laws
             ,
             shall
             answer
             the
             Fact
             in
             a
             place
             appointed
             by
             the
             Bishop
             to
             that
             end
             .
          
           
             So
             as
             now
             the
             Bishop
             hath
             gotten
             a
             Court
             by
             the
             Statute-Law
             ,
             that
             had
             formerly
             no
             other
             Cards
             to
             shew
             but
             that
             of
             the
             Canon
             ;
             and
             a
             Court
             of
             such
             place
             as
             the
             Bishop
             shall
             appoint
             ,
             however
             inconvenient
             for
             distance
             or
             uncertainty
             it
             be
             .
          
           
             That
             the
             tryal
             of
             such
             matters
             ,
             shall
             be
             according
             to
             the
             Law
             of
             the
             Canon
             ,
             and
             not
             according
             to
             that
             of
             the
             Hundred
             .
          
           
             That
             is
             ,
             not
             by
             Jury
             ,
             but
             by
             Witnesses
             ,
             in
             a
             clandestine
             way
             ,
             if
             the
             Bishop
             please
             ;
             or
             without
             any
             Accuser
             ,
             or
             by
             more
             scrutiny
             ,
             or
             any
             other
             way
             that
             may
             reserve
             the
             Lay-man
             to
             the
             breast
             of
             a
             prepossessed
             spirit
             of
             the
             spiritual
             Judge
             .
             And
             thus
             the
             poor
             Country-man
             is
             exposed
             to
             the
             censure
             of
             an
             unknown
             Law
             ,
             in
             an
             unknown
             Tongue
             ,
             by
             an
             unknown
             way
             ;
             wherein
             they
             had
             no
             footing
             ,
             but
             by
             an
             implicit
             Faith.
             And
             herein
             the
             providence
             of
             God
             (
             I
             imagine
             )
             was
             more
             manifest
             than
             the
             wisdom
             of
             Man
             ,
             which
             was
             too
             weak
             to
             foresee
             events
             at
             so
             great
             a
             distance
             :
             for
             questionless
             it
             was
             a
             point
             of
             excellent
             wisdom
             ,
             for
             the
             people
             (
             now
             under
             a
             King
             of
             a
             rugged
             nature
             ,
             that
             would
             not
             stick
             to
             catch
             whatsoever
             he
             could
             get
             )
             to
             deposit
             part
             of
             their
             Liberties
             into
             the
             hands
             of
             the
             Clergie
             ;
             from
             whom
             moderation
             might
             be
             expected
             ,
             as
             from
             Friends
             and
             Neighbours
             ,
             and
             (
             as
             Partners
             in
             one
             Ship
             )
             mutual
             engagement
             to
             withstand
             the
             waves
             of
             Prerogative
             of
             Kings
             ,
             that
             seldom
             rest
             till
             they
             break
             all
             Banks
             ,
             and
             sometimes
             over-reach
             their
             own
             Guard
             ,
             and
             cannot
             return
             when
             they
             would
             .
             And
             thus
             it
             fell
             out
             :
             for
             many
             times
             the
             Pope
             and
             Clergie
             became
             Protectors
             of
             the
             peoples
             Liberties
             ,
             and
             kept
             them
             safe
             from
             the
             rage
             of
             Kings
             ,
             until
             the
             time
             of
             restitution
             should
             come
             ;
             and
             became
             not
             onely
             a
             Wall
             of
             defence
             to
             the
             one
             ,
             but
             a
             Rock
             of
             offence
             to
             the
             other
             .
             For
             the
             Tripple-Crown
             could
             never
             solder
             with
             the
             English
             ,
             nor
             it
             with
             that
             ;
             the
             strife
             was
             for
             Prerogative
             ,
             wherein
             ,
             if
             the
             Clergie
             gained
             ,
             the
             Crown
             lost
             ;
             and
             no
             moderation
             would
             be
             allowed
             .
             For
             the
             conquering
             King
             was
             scarce
             warm
             in
             his
             Throne
             ,
             whenas
             the
             Pope
             demanded
             Fealty
             of
             him
             for
             the
             Crown
             of
             England
             ;
             
             and
             the
             King
             's
             own
             good
             Archbishop
             and
             friend
             Lanfrank
             delivered
             the
             Message
             ;
             as
             also
             Anselm
             did
             afterwards
             to
             
               William
               Rufus
            
             ;
             which
             though
             these
             Kings
             had
             courage
             enough
             to
             deny
             ,
             yet
             it
             shewed
             plainly
             that
             the
             Popes
             meaned
             no
             less
             Game
             than
             Crown-glieke
             with
             the
             King
             and
             people
             ;
             the
             Archbishops
             and
             Bishops
             holding
             the
             Cards
             for
             the
             Pope
             ,
             while
             in
             the
             interim
             he
             oversaw
             all
             .
             
             The
             Norman
             Kings
             thus
             braved
             ,
             paid
             the
             Popes
             in
             their
             own
             Coin
             ,
             and
             refused
             to
             acknowledge
             any
             Pope
             ,
             but
             such
             as
             are
             first
             allowed
             by
             their
             concurrence
             .
          
           
           
             Thus
             have
             we
             the
             second
             bravado
             of
             the
             Canon-Law
             ;
             for
             as
             yet
             it
             was
             not
             so
             fully
             entered
             ,
             as
             it
             seemed
             .
             The
             words
             of
             the
             Act
             of
             Parliament
             ,
             it
             's
             true
             ,
             were
             general
             ;
             yet
             their
             sence
             was
             left
             to
             time
             to
             expound
             ,
             and
             the
             course
             of
             succeeding
             affairs
             nevertheless
             passed
             with
             a
             
               non
               obstante
            
             .
             For
             whereas
             in
             those
             days
             the
             Clergie
             claimed
             both
             Legislative
             and
             Executory
             power
             in
             Church-matters
             ,
             the
             Normans
             would
             allow
             of
             neither
             ,
             but
             claimed
             both
             as
             of
             right
             belonging
             to
             the
             Imperial
             power
             of
             this
             Island
             ,
             originally
             and
             onely
             .
             As
             touching
             the
             Legislative
             power
             ,
             it
             is
             evident
             ,
             that
             notwithstanding
             the
             Canon
             that
             had
             long
             before
             this
             time
             voted
             the
             Laity
             from
             having
             to
             do
             with
             Church-matters
             ;
             yet
             the
             Norman
             Kings
             would
             neither
             allow
             to
             the
             Metropolitans
             the
             power
             of
             calling
             Synods
             nor
             such
             meetings
             ,
             but
             by
             their
             lieve
             ,
             
             although
             it
             was
             earnestly
             contended
             for
             .
             Neither
             could
             the
             Clergie
             prevail
             to
             exclude
             the
             Laity
             out
             of
             their
             Synods
             ,
             being
             assembled
             ,
             nor
             from
             their
             wonted
             priviledge
             of
             voting
             therein
             ;
             albeit
             that
             for
             a
             long
             time
             by
             Canon
             it
             had
             been
             contradicted
             .
             The
             differences
             between
             the
             Clergie
             and
             the
             Kings
             ,
             concerning
             these
             and
             other
             matters
             ,
             grew
             so
             hot
             ,
             that
             Kings
             liked
             not
             to
             have
             any
             Synods
             or
             meetings
             of
             publick
             Council
             ;
             
             and
             Archbishop
             Anselm
             complained
             that
             
               William
               Rufus
            
             would
             not
             allow
             any
             to
             be
             called
             for
             thirteen
             years
             together
             :
             Which
             by
             the
             file
             of
             story
             ,
             compared
             with
             that
             Epistle
             ,
             made
             up
             the
             King's
             whole
             Reign
             .
             And
             this
             was
             questionless
             the
             cause
             that
             we
             find
             so
             little
             touch
             upon
             Parliamentary
             Assemblies
             in
             the
             Norman
             times
             ,
             Kings
             being
             too
             high
             to
             be
             controuled
             ,
             and
             Bishops
             too
             proud
             to
             obey
             :
             but
             necessity
             of
             State
             ,
             like
             unto
             Fate
             ,
             prevails
             against
             all
             other
             interests
             whatsoever
             ;
             and
             the
             wisdom
             of
             Henry
             the
             first
             in
             this
             prevailed
             above
             that
             of
             his
             predecessors
             ,
             as
             far
             as
             their
             Will
             was
             beyond
             his
             .
             For
             it
             was
             bootless
             for
             him
             to
             hold
             out
             against
             the
             Church
             that
             stood
             in
             need
             of
             all
             sorts
             to
             confirm
             to
             him
             that
             which
             common
             Right
             (
             as
             then
             it
             was
             taken
             )
             denied
             him
             ;
             and
             therefore
             (
             though
             it
             cost
             him
             much
             trouble
             with
             Anselm
             )
             he
             re-continued
             the
             liberty
             of
             publick
             Consultations
             ,
             and
             yet
             maintained
             his
             Dignity
             and
             Honour
             seemly
             well
             .
             I
             shall
             not
             need
             to
             clear
             this
             by
             particulars
             ;
             for
             besides
             the
             publick
             Consultations
             at
             his
             entrance
             ,
             and
             twice
             after
             that
             ,
             for
             supply
             or
             aid
             for
             his
             Wars
             ,
             and
             the
             marriage
             of
             his
             Daughter
             with
             the
             Emperour
             ,
             it
             is
             observed
             that
             the
             Archbishop
             of
             Canterbury
             summoned
             a
             Council
             at
             Westminster
             ,
             but
             it
             was
             
               Authoritate
               Regia
            
             ,
             
             and
             that
             there
             assembled
             
               magnae
               multitudines
               Clericorum
               ,
               Laicorum
               ,
               tam
               divitum
               quam
               mediocrium
            
             ;
             and
             that
             upon
             the
             third
             day
             the
             Debate
             was
             
               de
               negotiis
               saecularibus
               nonnullis
            
             :
             The
             issue
             of
             all
             was
             ,
             that
             some
             things
             were
             determinata
             ,
             others
             dilata
             ,
             and
             other
             matters
             
               propter
               nimium
               aestuantis
               turbae
               tumultum
               ab
               audientia
               judicantium
               profligata
               .
            
             Out
             of
             which
             may
             be
             probably
             concluded
             ,
             1.
             
             That
             the
             Laity
             as
             yet
             were
             present
             in
             Councils
             with
             the
             Clergie
             .
             2.
             
             That
             they
             were
             all
             in
             one
             place
             .
             3.
             
             That
             they
             all
             had
             votes
             ,
             and
             that
             the
             major
             number
             concluded
             the
             matter
             .
             4.
             
             That
             certain
             persons
             used
             to
             determine
             of
             the
             major
             number
             by
             the
             hearing
             ,
             and
             that
             the
             Votes
             were
             still
             
               clamore
               non
               calculis
            
             .
             5.
             
             That
             they
             held
             an
             Order
             in
             debating
             of
             affairs
             ,
             viz.
             on
             some
             days
             Ecclesiastical
             ,
             and
             on
             other
             days
             Secular
             .
             6.
             
             That
             all
             matters
             concluded
             ,
             were
             attested
             by
             the
             King
             ,
             who
             ,
             as
             't
             is
             said
             ,
             did
             give
             his
             consent
             ,
             and
             by
             his
             authority
             did
             grant
             and
             confirm
             the
             same
             .
             And
             upon
             the
             whole
             matter
             it
             will
             be
             probable
             ,
             that
             as
             yet
             Councils
             ,
             and
             those
             now
             called
             Parliaments
             ,
             differed
             not
             in
             kind
             ,
             although
             possibly
             there
             might
             be
             difference
             of
             names
             ,
             in
             regard
             that
             some
             might
             be
             immediately
             and
             mainly
             occasioned
             and
             urged
             by
             Temporal
             Exigences
             ,
             and
             others
             by
             
             Ecclesiastical
             ;
             but
             whether
             Temporal
             or
             Ecclesiastical
             the
             first
             occasion
             was
             ,
             yet
             in
             their
             meetings
             they
             handled
             both
             as
             occasion
             offered
             it self
             .
          
           
             Secondly
             ,
             as
             the
             Clergie
             could
             not
             attain
             the
             sole
             Legislative
             power
             ,
             so
             neither
             had
             they
             the
             sole
             Juridical
             power
             in
             Ecclesiastical
             Causes
             :
             for
             not
             onely
             in
             case
             of
             errour
             in
             the
             Ecclesiastical
             Courts
             was
             an
             Appeal
             reserved
             to
             the
             King's
             Court
             ,
             as
             formerly
             in
             the
             Saxons
             time
             ;
             but
             even
             those
             things
             which
             seemed
             properly
             of
             Ecclesiastical
             cognizance
             ,
             were
             possessed
             by
             the
             King's
             Court
             in
             the
             first
             instance
             ,
             as
             that
             of
             Peter
             pence
             ,
             which
             was
             a
             Church-tribute
             ,
             and
             might
             be
             claimed
             to
             be
             properly
             the
             Church-cognizance
             much
             rather
             than
             Tythes
             :
             
             and
             yet
             by
             the
             Law
             of
             this
             Kingdom
             in
             the
             Conquerour's
             time
             ,
             it
             is
             especially
             provided
             ,
             That
             defaults
             of
             payment
             of
             that
             duty
             shall
             be
             amended
             in
             the
             King's
             Court
             ,
             and
             a
             fine
             for
             default
             was
             given
             to
             the
             King
             ,
             albeit
             that
             the
             Bishop
             was
             made
             the
             Collector
             ,
             and
             the
             Pope
             the
             Proprietor
             .
             And
             many
             other
             particulars
             ,
             which
             were
             holden
             to
             be
             of
             Ecclesiastical
             cognizance
             ,
             Kings
             would
             draw
             them
             within
             the
             compass
             of
             
               maintaining
               the
               peace
               of
               the
               Church
               ,
            
             which
             properly
             belonged
             to
             them
             to
             defend
             ;
             and
             so
             had
             the
             cognizance
             of
             them
             in
             their
             own
             Courts
             ,
             and
             fines
             for
             invasion
             of
             the
             Church-rights
             .
             But
             because
             this
             may
             seem
             but
             colourable
             ,
             and
             by
             way
             of
             flattery
             of
             the
             Churches
             right
             ,
             and
             not
             in
             opposition
             thereof
             ;
             in
             other
             things
             it
             will
             appear
             plainly
             that
             Kings
             were
             not
             nice
             in
             vindicating
             their
             own
             claim
             in
             matters
             which
             the
             Clergie
             held
             theirs
             
               quarto
               modo
            
             ;
             as
             namely
             in
             the
             case
             of
             Excommunication
             ,
             a
             Weapon
             first
             fashioned
             by
             the
             Church-men
             ,
             and
             in
             the
             exercise
             whereof
             themselves
             were
             in
             repute
             the
             onely
             Masters
             ;
             and
             yet
             in
             this
             were
             mastered
             by
             Kings
             ,
             
             whose
             Laws
             directed
             and
             restrained
             the
             swelling
             of
             that
             censure
             ,
             and
             made
             it
             keep
             measure
             ;
             whose
             Tenants
             and
             Officers
             and
             Servants
             must
             not
             be
             meddled
             with
             by
             this
             censure
             ,
             but
             by
             the
             King
             's
             lieve
             ;
             nor
             must
             they
             be
             called
             to
             answer
             but
             in
             the
             King's
             Court.
             That
             Right
             still
             remained
             to
             them
             after
             the
             spoil
             made
             by
             the
             Hierarchy
             upon
             the
             Rights
             of
             all
             the
             rest
             of
             the
             Free-men
             ,
             and
             therefore
             could
             not
             of
             right
             be
             called
             nova
             in
             the
             Historians
             sence
             ;
             seeing
             that
             it
             was
             no
             other
             than
             the
             ancient
             custom
             used
             amongst
             the
             Saxons
             before
             that
             the
             Clergie
             had
             either
             purpose
             or
             power
             to
             reach
             at
             such
             a
             height
             as
             afterwards
             by
             degrees
             they
             attained
             unto
             .
             Furthermore
             ,
             the
             Hierarchy
             ,
             as
             they
             neither
             could
             possess
             the
             Legislative
             nor
             Juridical
             power
             in
             Church-matters
             ,
             so
             neither
             could
             they
             possess
             themselves
             :
             for
             as
             yet
             they
             were
             the
             King's
             men
             ,
             and
             the
             more
             the
             King's
             men
             ,
             because
             they
             now
             think
             a
             Bishoprick
             but
             a
             naked
             commodity
             ,
             if
             not
             robed
             with
             a
             Barony
             .
             Nevertheless
             ,
             before
             that
             ever
             they
             knew
             that
             honour
             ,
             whatever
             the
             Canon
             was
             for
             their
             election
             ,
             yet
             both
             their
             Title
             and
             Power
             
               de
               facto
            
             was
             derived
             to
             them
             from
             the
             Kings
             ,
             who
             also
             invested
             them
             with
             Staff
             and
             Ring
             ;
             nor
             had
             the
             Pope
             as
             yet
             (
             though
             he
             had
             conquered
             the
             Hierarchy
             )
             possessed
             himself
             of
             their
             colours
             :
             but
             during
             all
             the
             Norman
             times
             ,
             the
             Kings
             maintained
             that
             trophy
             of
             the
             right
             they
             had
             from
             their
             Predecessours
             ,
             notwithstanding
             the
             many
             assaults
             from
             Rome
             ,
             and
             treacheries
             of
             the
             Cathedrals
             within
             the
             Realm
             .
             
             And
             albeit
             sometimes
             Kings
             were
             too
             weak
             to
             hold
             the
             shadow
             ,
             yet
             the
             convention
             of
             the
             States
             did
             maintain
             the
             substance
             ,
             viz.
             the
             right
             of
             Election
             without
             intermission
             ,
             as
             the
             examples
             of
             Lanfrank
             unto
             the
             See
             of
             Canterbury
             ,
             and
             Anselm
             and
             Ralph
             his
             successours
             ,
             and
             of
             Thomas
             into
             the
             See
             of
             York
             ,
             and
             Ralph
             Coadjutor
             to
             Thurstan
             Archbishop
             of
             the
             same
             See
             ,
             and
             of
             Gilbert
             into
             the
             See
             of
             London
             ,
             besides
             others
             ,
             do
             sufficiently
             set
             forth
             .
             Whether
             it
             was
             because
             the
             convention
             of
             States
             was
             more
             stout
             ,
             or
             that
             the
             Bishops
             ,
             now
             wedded
             to
             Temporal
             
             Baronies
             ,
             were
             so
             unquestionably
             interessed
             in
             the
             publick
             affairs
             of
             the
             Commonwealth
             ,
             that
             it
             was
             against
             common
             sense
             to
             deny
             the
             States
             their
             vote
             and
             cognizance
             of
             their
             Election
             ,
             I
             cannot
             determine
             ;
             yet
             it
             is
             a
             certain
             truth
             ,
             the
             more
             Baron
             ,
             the
             less
             Bishop
             ,
             and
             more
             unmeet
             for
             the
             service
             of
             Rome
             :
             Politickly
             therefore
             it
             was
             done
             by
             Kings
             to
             hold
             these
             men
             by
             a
             Golden
             hook
             ▪
             that
             otherwise
             had
             prostituted
             themselves
             to
             a
             forreign
             power
             ,
             and
             proved
             absolute
             deserters
             of
             their
             Countries
             Cause
             ,
             which
             now
             they
             must
             maintain
             under
             peril
             of
             the
             loss
             of
             their
             own
             honour
             .
          
           
             In
             the
             next
             place
             ,
             as
             they
             were
             the
             King's
             men
             ,
             so
             their
             Bishopricks
             and
             Diocesses
             were
             under
             the
             King's
             power
             to
             order
             ,
             as
             by
             the
             advice
             of
             the
             Bishops
             and
             Baronage
             should
             be
             thought
             most
             convenient
             ;
             either
             to
             endow
             another
             Bishop
             with
             part
             thereof
             ,
             
             and
             so
             to
             make
             two
             Diocesses
             of
             one
             ,
             as
             befel
             in
             the
             case
             of
             the
             Diocess
             of
             Lincoln
             ,
             out
             of
             which
             the
             Diocess
             of
             Ely
             budded
             in
             the
             time
             of
             Henry
             the
             first
             ;
             or
             to
             endow
             a
             Monastery
             or
             other
             Religious
             foundation
             with
             part
             ,
             and
             exempt
             the
             same
             from
             all
             Episcopal
             or
             ordinary
             jurisdiction
             ,
             as
             in
             the
             example
             of
             the
             foundation
             of
             the
             Abbey
             of
             Battel
             in
             Sussex
             ,
             in
             the
             time
             of
             William
             the
             Conquerour
             ,
             
             may
             appear
             .
          
           
             Lastly
             ,
             whatever
             the
             first
             intention
             of
             this
             recited
             Statute
             were
             ,
             it
             may
             probably
             be
             judged
             ,
             that
             it
             was
             but
             a
             noise
             to
             still
             the
             Clergie
             ;
             and
             that
             it
             never
             had
             more
             than
             a
             liveless
             shape
             ,
             not
             onely
             in
             regard
             of
             the
             before-mentioned
             particulars
             ,
             but
             especially
             in
             regard
             of
             that
             subservient
             Law
             of
             Henry
             the
             first
             concerning
             the
             County-Court
             ,
             which
             reciteth
             it
             as
             a
             custom
             in
             his
             time
             used
             ,
             that
             the
             Bishop
             and
             Earls
             ,
             
             with
             other
             the
             chief
             men
             of
             that
             County
             ,
             were
             there
             present
             as
             Assistants
             in
             directory
             of
             judgment
             .
             And
             that
             in
             order
             are
             handled
             first
             ,
             
               matters
               of
               the
               Church
            
             :
             Secondly
             ,
             Crown-pleas
             :
             Thirdly
             and
             lastly
             ,
             Common-pleas
             .
             However
             therefore
             the
             Kings
             spake
             fair
             ,
             they
             either
             acted
             not
             at
             all
             ,
             or
             so
             coolly
             ,
             as
             the
             current
             of
             the
             custom
             was
             too
             strong
             ;
             but
             most
             probable
             it
             is
             ,
             that
             the
             Kings
             spake
             fair
             till
             they
             were
             setled
             in
             their
             Thrones
             ,
             and
             afterwards
             pleased
             themselves
             :
             for
             by
             the
             general
             thred
             of
             story
             ,
             it
             may
             appear
             that
             the
             Clergie
             in
             those
             times
             were
             more
             feared
             than
             loved
             ,
             and
             therefore
             ridden
             with
             a
             strait
             Rein.
             The
             Prelacy
             on
             the
             contrary
             grew
             unruly
             ,
             yet
             too
             weak
             for
             the
             rugged
             spirits
             of
             the
             Norman
             Kings
             ;
             they
             are
             glad
             to
             be
             quiet
             ,
             and
             the
             Pope
             himself
             to
             drive
             fair
             and
             softly
             ,
             as
             judging
             it
             expedient
             
               potestatem
               Regalem
               mitius
               tractandam
            
             ,
             
             and
             continued
             that
             course
             and
             posture
             till
             the
             calmer
             times
             of
             Henry
             the
             first
             ;
             wherein
             they
             mended
             their
             pace
             ,
             
             and
             got
             that
             without
             noise
             which
             they
             had
             long
             striven
             for
             ,
             viz.
             the
             preheminence
             and
             
               presidency
               in
               the
               Synods
            
             ,
             though
             the
             King
             himself
             be
             present
             ;
             and
             (
             if
             the
             Historian
             writeth
             advisedly
             )
             the
             whole
             ordaining
             ,
             or
             
               Legislative
               power
            
             ,
             for
             so
             runs
             the
             stile
             or
             phrase
             of
             the
             Author
             ,
             
               Archiepiscopi
               &
               Episcopi
               statuerunt
               in
               praesentia
               Regis
               ,
            
             as
             if
             the
             presence
             of
             the
             King
             and
             his
             Barons
             and
             People
             ,
             were
             but
             as
             a
             great
             Amen
             at
             the
             Common-prayer
             (
             after
             the
             old
             stamp
             )
             to
             set
             a
             good
             colour
             upon
             a
             doubtful
             matter
             ,
             to
             make
             it
             go
             down
             the
             better
             .
             How
             the
             Kings
             brooked
             this
             draught
             ,
             I
             cannot
             say
             ;
             but
             it
             hath
             made
             the
             Kingdom
             stagger
             ever
             since
             ,
             and
             it
             may
             be
             feared
             will
             hardly
             recover
             its
             perfect
             wits
             ,
             so
             long
             as
             the
             brains
             of
             the
             Clergie
             and
             the
             Laity
             thus
             lie
             divided
             in
             several
             Cells
             .
          
        
         
           
           
             CHAP.
             XLVIII
             .
             Of
             the
             several
             subservient
             Jurisdictions
             by
             Provinces
             ,
             Marches
             ,
             Counties
             ,
             Hundreds
             ,
             Burroughs
             ,
             Lordships
             ,
             and
             Decennaries
             .
          
           
             HAD
             the
             Normans
             owned
             no
             other
             Title
             than
             that
             of
             Conquest
             ,
             doubtless
             their
             mother-wit
             must
             needs
             have
             taught
             them
             the
             expediency
             of
             preserving
             the
             particular
             
               subservient
               Jurisdictions
            
             of
             the
             Kingdom
             entire
             and
             unquashed
             ,
             if
             they
             regarded
             either
             the
             benefit
             of
             their
             Conquest
             ,
             or
             reward
             of
             their
             Partners
             and
             Allies
             ;
             unless
             it
             should
             be
             allowed
             unto
             Conquerours
             to
             be
             more
             honourable
             for
             them
             to
             do
             what
             they
             will
             ,
             rather
             than
             what
             is
             meet
             .
             But
             hereof
             there
             is
             no
             cause
             of
             question
             in
             this
             present
             subject
             ;
             for
             nothing
             is
             more
             clear
             than
             that
             Wales
             enjoyed
             in
             the
             Conquerour's
             time
             ,
             and
             for
             ages
             after
             him
             ,
             its
             ancient
             Liberties
             ,
             Tribute
             excepted
             :
             nor
             did
             Conquest
             ever
             come
             so
             nigh
             to
             their
             Borders
             ,
             as
             to
             trench
             upon
             the
             Liberties
             of
             the
             Marches
             .
             For
             as
             it
             had
             been
             a
             piece
             of
             State-nonsence
             to
             have
             holden
             two
             sort
             of
             people
             under
             conquest
             ,
             and
             their
             Marches
             in
             freedom
             ;
             or
             to
             preserve
             them
             in
             good
             Neighbourhood
             by
             Marches
             ,
             which
             by
             the
             Law
             of
             Conquest
             were
             made
             one
             :
             so
             was
             it
             no
             less
             vain
             ,
             if
             all
             had
             been
             once
             subdued
             by
             Conquest
             ,
             to
             have
             raised
             up
             the
             Liberties
             of
             the
             Marches
             any
             more
             .
          
           
             And
             as
             they
             had
             less
             cause
             to
             have
             invaded
             the
             bounds
             and
             ancient
             limits
             and
             partitions
             of
             the
             Counties
             ,
             
             so
             ,
             questionless
             ,
             had
             they
             so
             done
             ,
             they
             would
             have
             taken
             the
             old
             course
             of
             the
             Micklemote
             ,
             
             as
             they
             did
             divide
             the
             Diocess
             of
             Lincoln
             into
             two
             Diocesses
             ,
             by
             advice
             of
             the
             Bishops
             ,
             Princes
             ,
             and
             other
             wise
             and
             holy
             men
             ,
             and
             turned
             the
             Abbey
             of
             Ely
             into
             a
             Bishop's
             See.
             But
             it
             was
             their
             wisdom
             to
             preserve
             the
             ancient
             Land-marks
             ;
             
             and
             no
             less
             both
             wisdom
             and
             care
             ,
             to
             continue
             their
             due
             Priviledges
             and
             Interests
             to
             each
             .
             Every
             County
             had
             its
             Court
             ,
             and
             every
             Court
             its
             wonted
             Jurisdiction
             :
             No
             complaint
             must
             be
             to
             the
             King's
             Court
             ,
             
             if
             right
             may
             be
             done
             in
             the
             County
             ;
             no
             distress
             must
             be
             taken
             but
             by
             Warrant
             from
             the
             County
             ,
             
             and
             that
             must
             be
             after
             complaint
             thrice
             made
             .
             The
             County-court
             must
             be
             called
             as
             our
             Ancestors
             have
             appointed
             :
             Such
             as
             will
             not
             come
             as
             they
             ought
             ,
             shall
             be
             first
             summoned
             ,
             and
             in
             case
             of
             default
             distrained
             ;
             at
             the
             fourth
             default
             ,
             the
             Complainant
             shall
             be
             satisfied
             out
             of
             the
             distresses
             so
             taken
             ,
             and
             the
             King
             also
             for
             his
             Fine
             .
             These
             are
             the
             express
             Laws
             of
             the
             Conquerour's
             own
             establishment
             ;
             
             the
             last
             of
             which
             also
             Hen.
             1.
             confirmed
             by
             another
             express
             Law
             ,
             saving
             that
             he
             would
             allow
             but
             of
             two
             Summons
             and
             two
             Distresses
             ,
             before
             execution
             .
             And
             as
             it
             was
             one
             principal
             work
             that
             he
             undertook
             to
             reduce
             the
             Laws
             into
             course
             ,
             which
             had
             been
             intermitted
             during
             the
             violent
             times
             of
             his
             Father
             and
             Brother
             ,
             (
             the
             first
             of
             whom
             never
             had
             liberty
             for
             reformation
             ,
             and
             the
             latter
             never
             had
             will
             )
             so
             amongst
             other
             Laws
             he
             setled
             those
             concerning
             the
             County-court
             ;
             namely
             ,
             
             1.
             
             
               That
               the
               Bishops
               ,
               Earls
               ,
               and
               chief
               men
               ,
               should
               be
               present
               for
               direction
               .
               2.
               
               That
               it
               should
               be
               holden
               once
               each
               month
               .
               3.
               
               That
               the
               Church-matters
               should
               precede
               ,
               and
               then
               the
               Crown-pleas
               .
               And
               lastly
               ,
               the
               Common-Pleas
            
             ;
             besides
             some
             other
             particulars
             concerning
             pleading
             ,
             and
             proceedings
             in
             the
             handling
             of
             Causes
             .
             Neither
             were
             these
             Causes
             of
             a
             petty
             regard
             onely
             ,
             but
             of
             greatest
             concernment
             :
             One
             example
             I
             shall
             remind
             the
             Reader
             of
             ,
             and
             not
             recite
             
               in
               terminis
            
             ,
             but
             refer
             to
             Mr.
             
             Selden's
             
             own
             Pen.
             The
             occasion
             was
             this
             :
             Odo
             the
             Conquerour's
             half
             Brother
             ,
             
             was
             by
             him
             made
             Earl
             of
             Kent
             ,
             and
             therewith
             had
             the
             gift
             of
             a
             large
             Territory
             in
             Kent
             ;
             and
             taking
             advantage
             of
             the
             King's
             displeasure
             at
             the
             Archbishop
             of
             Canterbury
             ,
             
             possessed
             himself
             by
             disseism
             of
             divers
             Lands
             and
             Tenements
             belonging
             to
             that
             See.
             Lanfrank
             the
             succeeding
             Archbishop
             being
             informed
             hereof
             ,
             petitioned
             to
             the
             King
             that
             Justice
             might
             be
             done
             him
             
               secundum
               legem
               terrae
            
             :
             and
             the
             King
             sends
             forth
             his
             Writ
             to
             summon
             a
             County-court
             .
             The
             Debate
             lasted
             three
             days
             before
             the
             
               Free
               men
            
             of
             the
             County
             of
             Kent
             ,
             in
             the
             presence
             of
             many
             chief
             men
             ,
             Bishops
             and
             Lords
             ,
             and
             others
             skilful
             in
             the
             Laws
             ;
             and
             the
             Judgment
             passed
             for
             the
             Archbishop
             Lanfrank
             upon
             the
             Votes
             of
             the
             
               Free
               men
            
             .
             This
             County-court
             was
             holden
             by
             special
             summons
             ,
             and
             not
             by
             adjournment
             ,
             as
             was
             allowable
             by
             the
             Saxon
             Law
             upon
             special
             occasions
             :
             And
             this
             Suit
             was
             originally
             begun
             and
             had
             its
             final
             determination
             in
             the
             County-court
             ,
             and
             not
             brought
             by
             a
             Tolt
             out
             of
             the
             Hundred-court
             ,
             as
             is
             supposed
             by
             an
             honourable
             Reporter
             ;
             nor
             by
             the
             ancient
             Laws
             could
             the
             Suit
             commence
             in
             the
             Hundred
             ,
             because
             the
             Lands
             and
             Tenements
             did
             lie
             in
             several
             Hundreds
             and
             Counties
             .
             The
             upshot
             of
             all
             is
             ,
             that
             the
             County-courts
             in
             those
             days
             were
             of
             so
             great
             esteem
             ,
             that
             two
             of
             the
             greatest
             Peers
             of
             the
             Realm
             ,
             one
             a
             Norman
             ,
             the
             other
             an
             Italian
             ,
             did
             cast
             a
             Title
             in
             fifteen
             Mannors
             ,
             two
             Townships
             ,
             with
             many
             Liberties
             ,
             upon
             the
             Votes
             of
             the
             Free-holders
             in
             a
             County-court
             ,
             and
             that
             the
             Sentence
             was
             allowed
             and
             commended
             by
             the
             King
             ,
             and
             submitted
             to
             by
             all
             .
          
           
             In
             the
             next
             place
             we
             are
             to
             come
             to
             the
             Hundred-courts
             ,
             
             of
             which
             there
             are
             by
             the
             Normans
             allowed
             two
             sorts
             ;
             the
             first
             whereof
             was
             holden
             twice
             a
             year
             :
             This
             was
             formerly
             called
             the
             Torn
             ,
             and
             was
             the
             Sheriff's
             Court
             ;
             hereof
             little
             notice
             is
             taken
             ,
             
             saving
             that
             by
             the
             Laws
             of
             Henry
             the
             first
             its
             work
             seems
             to
             be
             much
             designed
             to
             the
             view
             of
             free
             pledges
             .
             But
             the
             more
             ordinary
             Court
             ,
             is
             that
             which
             belongs
             to
             the
             Lord
             of
             the
             Hundred
             ,
             unto
             whom
             also
             belong
             the
             Fines
             in
             cases
             there
             concerned
             .
             
             
               This
               Court
               is
               to
               be
               holden
               once
               in
               each
               month
               ;
               and
               no
               Suit
               to
               be
               begun
               in
               the
               King's
               Court
               ,
            
             
             
               that
               regularly
               ought
               to
               begin
               in
               the
               Hundred
               .
            
             
             
               No
               Distringas
               shall
               issue
               forth
               till
               three
               demands
               made
               in
               the
               Hundred
               .
               And
               three
               Distresses
               shall
               then
               issue
               forth
               ;
               and
               if
               upon
               the
               fourth
               the
               party
               appear
               not
               ,
            
             
             
               Execution
               shall
               be
               by
               sale
               of
               the
               Distress
               ,
            
             
             
               and
               the
               Complainant
               shall
               receive
               satisfaction
               .
            
          
           
             But
             by
             the
             latter
             Laws
             of
             the
             same
             King
             ,
             there
             are
             but
             two
             Summons
             allowed
             ,
             and
             then
             two
             Distresses
             ;
             and
             in
             case
             no
             appearance
             be
             ,
             Execution
             shall
             be
             for
             the
             Complainant
             ,
             and
             for
             the
             King
             's
             Fine
             .
          
           
             Lastly
             ,
             as
             the
             case
             concerned
             either
             persons
             or
             places
             ,
             
             sometimes
             they
             used
             to
             joyn
             several
             Hundreds
             together
             into
             one
             Court
             :
             but
             this
             was
             by
             special
             Commission
             or
             Writ
             .
          
           
             As
             touching
             inferiour
             
               Courts
               of
               Towns
               and
               Mannors
            
             ,
             there
             's
             little
             observation
             to
             be
             had
             ,
             
             being
             of
             too
             private
             a
             regard
             to
             come
             into
             fame
             in
             those
             rough
             times
             :
             yet
             in
             Hen.
             the
             first
             's
             Laws
             it
             is
             ordered
             that
             Town-courts
             should
             meet
             every
             month
             ,
             
             and
             that
             Lords
             should
             hold
             Pleas
             either
             in
             their
             own
             persons
             ,
             or
             by
             their
             Stewards
             ;
             and
             that
             the
             chief
             man
             in
             the
             Parish
             ,
             with
             four
             other
             of
             the
             chiefer
             sort
             ,
             and
             the
             Minister
             or
             Parish-Priest
             ,
             should
             joyn
             their
             assistance
             in
             that
             work
             .
             But
             in
             nothing
             more
             did
             the
             Norman
             Kings
             shew
             their
             paternal
             love
             to
             the
             Commonwealth
             ,
             than
             in
             the
             Law
             of
             Pledges
             or
             Decenners
             :
             for
             as
             of
             all
             other
             Beauties
             ,
             
             this
             suffered
             most
             blemish
             from
             the
             storm
             of
             the
             Norman
             Invasion
             ;
             so
             was
             it
             their
             especial
             care
             to
             renew
             the
             life
             thereof
             ,
             not
             now
             amongst
             the
             Natives
             onely
             ,
             but
             joyning
             the
             Normans
             to
             the
             Saxons
             in
             the
             same
             bond
             of
             Brotherhood
             ,
             utterly
             
             drowned
             thereby
             all
             memory
             of
             Lordly
             power
             ;
             and
             so
             of
             divers
             peoples
             making
             one
             ,
             conquered
             even
             Conquest
             it self
             ,
             if
             any
             were
             ,
             and
             made
             all
             joynt-partners
             in
             one
             common
             Liberty
             .
          
           
             Every
             Free-man
             must
             be
             under
             Pledges
             to
             satisfie
             Justice
             ,
             
             in
             case
             of
             delinquency
             .
          
           
             Over
             every
             nine
             persons
             under
             Pledges
             ,
             
             there
             must
             be
             one
             man
             in
             Authority
             .
          
           
             View
             of
             free
             Pledges
             must
             be
             ,
             to
             see
             that
             the
             Decennaries
             be
             full
             ;
             and
             if
             any
             be
             departed
             ,
             to
             enquire
             the
             cause
             :
             and
             if
             any
             be
             come
             in
             ,
             whether
             he
             be
             under
             Pledges
             or
             not
             .
          
           
             And
             thus
             the
             Norman
             Kings
             had
             their
             people
             under
             treble
             guard
             :
             one
             of
             Fealty
             ,
             the
             other
             of
             Association
             ,
             and
             the
             third
             that
             of
             Pledges
             ;
             and
             all
             little
             enough
             to
             secure
             that
             which
             they
             in
             their
             own
             Consciences
             might
             have
             some
             cause
             to
             question
             whether
             it
             belonged
             to
             them
             or
             not
             .
          
        
         
           
             CHAP.
             XLIX
             .
             Of
             the
             Immunities
             of
             the
             Saxon
             Free-men
             under
             the
             Norman
             Government
             .
          
           
             THE
             freedom
             of
             an
             
             English-man
             consisteth
             in
             three
             particulars
             :
             First
             ,
             in
             ownership
             of
             what
             he
             hath
             :
             Secondly
             ,
             in
             
               voting
               any
               Law
            
             ,
             whereby
             that
             ownership
             is
             to
             be
             maintained
             :
             And
             thirdly
             ,
             in
             having
             an
             influence
             upon
             that
             
               Judicatory
               power
            
             that
             must
             apply
             that
             Law.
             Now
             that
             the
             English
             under
             the
             Normans
             enjoyed
             all
             this
             freedom
             unto
             each
             Man
             's
             own
             particular
             ,
             besides
             what
             they
             had
             in
             bodies
             aggregate
             ,
             may
             appear
             ,
             as
             followeth
             :
             The
             Free-men
             of
             England
             were
             such
             as
             either
             joyned
             in
             the
             War
             with
             Harold
             against
             the
             Normans
             ;
             or
             such
             as
             absented
             themselves
             from
             the
             way
             of
             opposition
             or
             enmity
             ,
             and
             were
             either
             waiting
             upon
             their
             own
             affairs
             ,
             or
             siding
             with
             the
             Normans
             .
             And
             questionless
             all
             the
             sadness
             of
             the
             War
             befel
             the
             first
             sort
             of
             the
             English
             ,
             whose
             persons
             and
             Estates
             (
             to
             make
             the
             ways
             of
             the
             first
             
               Norman
               William
            
             regular
             ,
             and
             of
             one
             piece
             )
             never
             fell
             so
             low
             as
             to
             come
             under
             the
             Law
             (
             or
             rather
             the
             Will
             )
             of
             Conquest
             ;
             but
             in
             their
             worst
             condition
             were
             in
             truth
             within
             the
             directory
             of
             the
             Law
             of
             forfeiture
             for
             Treason
             against
             their
             Soveraign
             Lord
             ,
             whose
             claim
             was
             by
             Title
             ,
             as
             hath
             been
             already
             noted
             .
             The
             other
             sort
             either
             did
             appear
             to
             be
             the
             Normans
             friends
             ,
             or
             for
             ought
             appeared
             so
             were
             :
             and
             so
             never
             offending
             the
             Law
             ,
             never
             suffered
             any
             penalty
             ;
             but
             held
             their
             persons
             and
             possessions
             still
             under
             the
             patronage
             of
             Law
             ,
             as
             anciently
             they
             and
             their
             Ancestors
             had
             done
             .
             And
             that
             this
             was
             the
             Normans
             meaning
             ,
             they
             publish
             the
             same
             to
             the
             World
             in
             a
             Fundamental
             Law
             ,
             
             whereby
             is
             granted
             ,
             That
             all
             the
             Free-men
             of
             the
             whole
             Kingdom
             shall
             have
             and
             hold
             their
             Lands
             and
             Possessions
             in
             hereditary
             right
             for
             ever
             .
          
           
             And
             by
             this
             being
             secured
             against
             forfeiture
             ,
             they
             are
             further
             saved
             from
             all
             wrong
             by
             the
             same
             Law
             ,
             which
             provideth
             ,
          
           
             That
             they
             shall
             hold
             them
             well
             or
             quietly
             ,
             and
             in
             peace
             ,
             free
             from
             all
             unjust
             Tax
             ,
             and
             from
             all
             Tallage
             ,
             so
             as
             nothing
             shall
             be
             exacted
             nor
             taken
             ,
             but
             their
             free
             service
             which
             by
             right
             they
             are
             bound
             to
             perform
             .
          
           
             This
             is
             expounded
             in
             the
             Laws
             of
             
               H.
               1.
               cap.
               4.
               
               That
               no
               Tribute
               or
               Tax
               shall
               be
               taken
               ,
               but
               what
               was
               due
               in
               the
               Confessor's
               time
               .
            
          
           
           
             Under
             the
             word
             Tax
             is
             understood
             
               monetagium
               commune
               per
               civitates
            
             ,
             or
             comitatus
             ;
             so
             as
             aids
             and
             escuage
             are
             not
             included
             ,
             for
             they
             are
             not
             charged
             upon
             Counties
             and
             Cities
             ,
             but
             upon
             Tenures
             in
             Knight-service
             ;
             nor
             was
             
               Dane
               gelt
            
             hereby
             taken
             away
             ,
             for
             that
             was
             a
             Tax
             in
             the
             Confessor's
             time
             ,
             and
             granted
             by
             Parliament
             .
          
           
             So
             then
             the
             Norman
             Kings
             claimed
             no
             other
             right
             in
             the
             Lands
             and
             possessions
             of
             any
             of
             their
             Subjects
             ,
             than
             under
             and
             by
             the
             Law
             or
             common
             right
             ;
             and
             they
             conclude
             the
             Law
             with
             a
             sicut
             ,
             which
             I
             thus
             English
             ,
             
               As
               it
               is
               enacted
               to
               them
               ,
               (
               or
               agreed
               by
               them
               )
               and
               unto
               them
               by
               us
               given
               and
               granted
               by
               the
               Common-council
               of
               our
               whole
               Kingdom
               .
            
             
             I
             leave
             the
             words
             to
             be
             criticized
             upon
             as
             the
             Reader
             shall
             please
             ;
             being
             well
             assured
             ,
             that
             the
             most
             strained
             sence
             can
             reach
             no
             further
             than
             to
             make
             it
             sound
             as
             an
             Estoppel
             or
             Conclusion
             to
             the
             King
             and
             his
             Successors
             to
             make
             any
             further
             claim
             unto
             the
             Estates
             of
             his
             Subjects
             than
             by
             Law
             or
             Right
             is
             warrantable
             ;
             under
             which
             notion
             Conquest
             never
             did
             nor
             can
             come
             ,
             as
             shall
             more
             fully
             be
             manifested
             hereafter
             .
             But
             the
             right
             genius
             of
             this
             Law
             will
             also
             more
             evidently
             appear
             by
             the
             practice
             of
             those
             times
             ,
             which
             ,
             even
             when
             Justice
             it self
             did
             most
             importune
             ,
             so
             tenderly
             regarded
             the
             liberty
             of
             mens
             Estates
             ,
             that
             no
             Distress
             could
             issue
             without
             publick
             Warrant
             obtained
             ;
             and
             upon
             three
             Complaints
             first
             made
             ,
             
             and
             right
             not
             done
             .
             And
             when
             Rape
             and
             Plunder
             was
             in
             the
             heat
             ,
             and
             men
             might
             seem
             to
             have
             no
             more
             right
             than
             they
             had
             power
             to
             maintain
             ;
             yet
             even
             then
             this
             Law
             was
             refuge
             sufficient
             for
             such
             as
             were
             oppressed
             ;
             
             and
             was
             pleaded
             in
             bar
             against
             all
             usurpations
             and
             intrusions
             under
             pretext
             of
             the
             Conquerour's
             right
             whatsoever
             ;
             as
             by
             the
             Case
             of
             Edwyn
             of
             Sharneburn
             may
             appear
             .
             Secondly
             ,
             the
             Freemen
             of
             England
             had
             vote
             in
             the
             making
             of
             Laws
             ,
             by
             which
             meum
             and
             tuum
             was
             bounded
             and
             maintained
             ,
             as
             may
             appear
             by
             what
             hath
             been
             already
             said
             ;
             nor
             shall
             I
             endeavour
             further
             therein
             .
             Thirdly
             ,
             they
             had
             an
             influence
             upon
             the
             judicatory
             power
             :
             For
             first
             ,
             the
             matter
             in
             fact
             was
             determined
             by
             the
             votes
             of
             the
             Freemen
             ,
             as
             the
             laws
             of
             the
             Conquerour
             ,
             and
             of
             Henry
             the
             first
             ,
             do
             sufficiently
             manifest
             .
             Secondly
             ,
             they
             had
             an
             influence
             in
             the
             making
             of
             the
             Sheriff
             ,
             who
             ,
             as
             well
             as
             the
             Bishop
             ,
             was
             by
             Election
             of
             the
             people
             .
             Thirdly
             ,
             
             they
             had
             an
             influence
             upon
             all
             Judges
             ,
             by
             setting
             a
             penal
             Law
             upon
             them
             in
             case
             of
             corruption
             ;
             which
             if
             not
             so
             penal
             as
             to
             take
             away
             life
             ,
             was
             nevertheless
             penal
             enough
             to
             make
             an
             unjust
             Judge
             to
             be
             a
             living
             pattern
             and
             example
             of
             misery
             ,
             to
             teach
             others
             to
             beware
             .
          
           
             Two
             things
             more
             must
             be
             added
             ,
             though
             somewhat
             collateral
             to
             this
             purpose
             .
             Concerning
             the
             right
             of
             the
             Freemen
             in
             the
             common
             Mint
             ,
             and
             in
             their
             Villains
             .
             Concerning
             the
             Mint
             ,
             
             that
             the
             Saxons
             having
             made
             it
             as
             parcel
             of
             the
             demesues
             of
             the
             Kingdom
             ,
             
             and
             leaving
             to
             the
             King
             onely
             an
             overseership
             ,
             reserved
             the
             controul
             and
             chief
             survey
             thereof
             to
             the
             Grand
             Council
             of
             the
             Kingdom
             ,
             who
             had
             slated
             the
             same
             in
             the
             
             Confessour's
             time
             .
             But
             after
             him
             the
             Normans
             changed
             the
             current
             according
             to
             their
             own
             liking
             ,
             till
             by
             Henry
             the
             first
             it
             was
             reduced
             into
             the
             ancient
             course
             ,
             
             allowing
             no
             money
             but
             such
             as
             was
             currant
             in
             the
             days
             of
             the
             Confessour
             ,
             whose
             Laws
             also
             (
             with
             some
             alterations
             by
             the
             Conquerour
             ,
             with
             common
             advice
             )
             he
             also
             established
             .
             Concerning
             the
             Lords
             right
             to
             their
             Villains
             ,
             it
             is
             observable
             ,
             first
             ,
             
             that
             liberty
             of
             infranchisement
             was
             allowed
             ;
             which
             could
             never
             have
             been
             ,
             had
             not
             the
             Liberty
             of
             the
             Subject
             been
             saved
             .
             Secondly
             ,
             that
             Infranchisement
             properly
             is
             the
             work
             of
             the
             people
             ,
             or
             the
             body
             ;
             and
             the
             Lord
             was
             to
             
             deliver
             his
             villain
             by
             his
             right
             hand
             unto
             the
             Sheriff
             in
             full
             County-court
             ,
             and
             pronounce
             him
             free
             from
             his
             Service
             ;
             and
             shall
             make
             room
             for
             him
             by
             free
             passage
             and
             open
             doors
             ,
             and
             deliver
             him
             free
             Arms
             ,
             viz.
             a
             Lance
             and
             a
             Sword
             ,
             and
             then
             he
             is
             made
             a
             Freeman
             ,
             as
             I
             conceive
             ,
             to
             all
             intents
             and
             purposes
             .
             Otherwise
             there
             might
             be
             manumission
             ;
             as
             if
             the
             villain
             remained
             in
             a
             City
             ,
             
             Borough
             ,
             walled
             Town
             ,
             or
             Castle
             ,
             by
             a
             space
             of
             a
             year
             and
             a
             day
             ,
             and
             no
             claim
             made
             to
             his
             service
             by
             his
             Lord
             ,
             he
             shall
             be
             thenceforth
             free
             from
             the
             service
             of
             his
             Lord
             for
             ever
             :
             and
             yet
             this
             manumission
             could
             not
             conclude
             any
             but
             the
             Lord
             ,
             and
             his
             Heirs
             or
             Assignes
             ;
             nor
             could
             it
             enforce
             the
             body
             to
             allow
             that
             for
             a
             Member
             ,
             which
             was
             none
             before
             .
             Thirdly
             ,
             that
             notwithstanding
             they
             allowed
             the
             Lords
             liberty
             of
             infranchisement
             ,
             
             yet
             would
             they
             not
             allow
             them
             free
             liberty
             of
             disposing
             them
             as
             other
             Chattels
             :
             nor
             by
             the
             Law
             of
             the
             Conquerour
             might
             they
             sell
             their
             Villains
             out
             of
             the
             Countrey
             ,
             or
             beyond
             Sea
             ;
             for
             the
             King
             had
             right
             to
             the
             mediate
             service
             of
             every
             Villain
             ,
             though
             the
             Lord
             had
             the
             immediate
             ;
             and
             therefore
             that
             Law
             might
             hold
             in
             force
             :
             nevertheless
             the
             Ordinance
             that
             Anselm
             made
             ,
             that
             no
             Lord
             should
             sell
             his
             Villain
             ,
             they
             would
             never
             allow
             for
             a
             Law
             ,
             nor
             did
             it
             hold
             in
             force
             .
          
        
         
           
             CHAP.
             L.
             A
             recollection
             of
             certain
             Norman
             Laws
             concerning
             the
             Crown
             ,
             in
             relation
             to
             those
             of
             the
             Saxons
             formerly
             mentioned
             .
          
           
             I
             Call
             them
             Norman
             Laws
             ,
             because
             they
             were
             allowed
             by
             them
             ,
             or
             continued
             in
             force
             ,
             although
             many
             of
             them
             had
             their
             original
             from
             the
             Saxons
             .
          
           
             One
             God
             must
             be
             worshipped
             ,
             and
             one
             faith
             of
             Christ
             maintained
             throughout
             the
             whole
             Kingdom
             .
             
          
           
             
             This
             is
             found
             amongst
             the
             Laws
             of
             the
             King
             William
             published
             by
             Mr.
             Selden
             ,
             and
             was
             for
             substance
             in
             the
             Saxons
             time
             ,
             
             saving
             that
             we
             find
             it
             not
             annexed
             to
             the
             Crown
             summarily
             until
             now
             ;
             so
             as
             by
             this
             Law
             Heresie
             and
             Idolatry
             became
             Crown-pleas
             .
             And
             the
             like
             may
             be
             collected
             concerning
             Blasphemy
             ,
             
             concerning
             which
             it
             is
             said
             ,
             as
             of
             the
             Servant's
             killing
             his
             Lord
             ,
             that
             it
             is
             impardonable
             :
             nor
             could
             any
             man
             offend
             herein
             ,
             but
             it
             endangered
             his
             whole
             estate
             .
             The
             trial
             of
             these
             crimes
             is
             not
             found
             particularly
             set
             forth
             .
             It
             might
             possibly
             be
             in
             the
             meeting
             of
             the
             Clergy
             ,
             and
             possibly
             in
             the
             County-court
             of
             the
             Torne
             where
             the
             Bishop
             was
             present
             
               Jura
               divina
               edocere
            
             .
          
           
             
               
               Peter-pence
               ,
               Ciricksceat
               ,
               and
               Tythes
               ,
               must
               be
               duly
               paid
               .
            
          
           
             These
             are
             all
             Saxon
             Laws
             united
             to
             the
             cognizance
             of
             the
             Crown
             ,
             as
             formerly
             hath
             been
             shewed
             :
             Only
             the
             first
             William
             especially
             provided
             ,
             that
             in
             case
             any
             man
             worth
             Thirty
             pence
             in
             Chattels
             did
             pay
             four
             pence
             for
             his
             part
             ,
             
             it
             should
             be
             sufficient
             both
             for
             himself
             and
             his
             Retinue
             ,
             whether
             Servants
             or
             Retainers
             ;
             
             and
             defaults
             in
             payment
             of
             these
             duties
             were
             finable
             to
             the
             King.
             
          
           
           
             
               Invasion
               upon
               the
               right
               of
               Sanctuary
               fined
               .
               
            
          
           
             This
             I
             note
             ,
             
             not
             so
             much
             in
             relation
             to
             any
             such
             Law
             amongst
             the
             Saxons
             ,
             as
             to
             the
             future
             custom
             ,
             which
             now
             began
             to
             alter
             ,
             according
             to
             the
             increase
             or
             wane
             of
             the
             Moon
             .
             I
             do
             not
             find
             this
             misdemeanour
             to
             be
             formerly
             so
             much
             taken
             to
             heart
             by
             the
             Crown
             ;
             nor
             possibly
             would
             it
             have
             been
             at
             this
             time
             ,
             but
             that
             the
             King
             must
             protect
             the
             Church
             ,
             if
             he
             mean
             to
             be
             protected
             by
             it
             :
             and
             it
             was
             taken
             kindly
             by
             the
             Church-men
             ,
             till
             they
             found
             they
             were
             able
             enough
             to
             defend
             their
             own
             right
             by
             themselves
             .
             Amongst
             all
             the
             rest
             of
             Church-rights
             this
             one
             especially
             is
             confirmed
             ,
             
               viz.
               That
               any
               Delinquent
               shall
               have
               liberty
               of
               Sanctuary
               to
               enjoy
               both
               Life
               and
               Member
               ,
               notwithstanding
               any
               Law
               to
               the
               contrary
               .
            
             This
             priviledge
             was
             claimed
             by
             the
             Canons
             ;
             but
             it
             must
             be
             granted
             by
             the
             Temporal
             power
             ,
             or
             else
             it
             could
             not
             be
             had
             ;
             and
             though
             it
             be
             true
             that
             Kings
             formerly
             did
             by
             their
             Charters
             of
             foundation
             grant
             such
             privileges
             in
             particular
             ;
             yet
             could
             not
             such
             Grants
             create
             such
             immunities
             contrary
             unto
             ,
             or
             notwithstanding
             any
             publick
             Law
             of
             the
             Kingdom
             ;
             and
             therefore
             the
             Monasteries
             had
             their
             foundations
             confirmed
             by
             Parliament
             ,
             or
             general
             assembly
             of
             wise
             men
             ,
             if
             the
             first
             foundation
             was
             not
             laid
             thereon
             .
          
           
             
               Working
               upon
               the
               Feast-days
               punished
               by
               Fine
               .
               
            
          
           
             Before
             this
             time
             no
             days
             for
             Solemn
             Worship
             of
             God
             were
             acknowledged
             by
             the
             Law
             of
             the
             Kingdom
             but
             the
             Lord's
             days
             .
             
             By
             this
             all
             days
             celebrated
             or
             instituted
             by
             the
             Church
             for
             that
             purpose
             are
             defended
             by
             the
             civil
             power
             ,
             and
             breach
             of
             the
             holy
             observation
             of
             these
             days
             made
             enquirable
             ,
             and
             punished
             amongst
             other
             pleas
             of
             the
             Crown
             .
          
           
             
               Breach
               of
               the
               Peace
               ,
               Bloodshed
               ,
               and
               Manslaughter
               ,
               
               punished
               by
               Fine
               .
            
          
           
             This
             was
             the
             ancient
             Law
             of
             the
             Saxons
             ,
             and
             was
             continued
             without
             alteration
             till
             about
             
             Alfred's
             time
             ,
             whose
             zeal
             against
             blood
             caused
             Murther
             to
             be
             punished
             with
             death
             ;
             but
             the
             Danes
             bringing
             in
             a
             moderation
             ,
             if
             it
             may
             rightly
             be
             so
             called
             ,
             are
             now
             seconded
             by
             their
             kindred
             the
             Normans
             ,
             who
             will
             not
             admit
             of
             punishment
             by
             death
             ,
             partly
             because
             being
             a
             warlike
             people
             ,
             
             bloodshed
             might
             seem
             to
             rank
             itself
             under
             the
             Regiment
             of
             valour
             ;
             and
             partly
             because
             they
             owed
             much
             to
             that
             Title
             for
             the
             possession
             of
             all
             that
             they
             had
             gotten
             in
             England
             .
             And
             to
             prevent
             scandal
             ,
             entring
             upon
             the
             rear
             ,
             opinion
             stept
             in
             ,
             that
             a
             miserable
             life
             was
             more
             penal
             than
             death
             ;
             and
             therefore
             in
             crimes
             of
             the
             deepest
             die
             ,
             they
             came
             to
             fine
             and
             loss
             of
             Member
             :
             and
             which
             course
             prevailed
             most
             ,
             
             either
             to
             stop
             or
             enlarge
             the
             course
             of
             that
             sin
             ,
             was
             left
             to
             the
             disposition
             of
             such
             as
             intended
             to
             make
             trial
             .
             But
             in
             matters
             of
             less
             malignancy
             ,
             the
             purss
             rather
             smarted
             than
             the
             body
             ,
             wherein
             they
             proceeded
             so
             far
             as
             to
             punishment
             of
             death
             by
             violence
             ;
             yet
             was
             not
             the
             fine
             to
             be
             measured
             by
             the
             judgment
             of
             the
             mercy
             or
             rigour
             of
             any
             person
             ,
             
             but
             only
             of
             the
             Law
             itself
             ,
             which
             set
             down
             in
             certainty
             both
             the
             nature
             and
             quantity
             of
             the
             fine
             ;
             and
             left
             that
             memorial
             upon
             record
             of
             a
             good
             mind
             at
             least
             to
             an
             equitable
             and
             just
             Government
             .
             In
             all
             these
             cases
             of
             breach
             of
             peace
             ,
             the
             King's
             Court
             becomes
             possessed
             of
             the
             right
             of
             cognizance
             ,
             and
             the
             peace
             is
             now
             called
             
             the
             
             King's
             peace
             ;
             
             not
             so
             much
             because
             that
             it
             is
             left
             only
             to
             his
             providential
             care
             to
             maintain
             ,
             as
             because
             the
             fines
             for
             most
             of
             those
             crimes
             pertained
             to
             the
             King
             :
             for
             otherwise
             there
             is
             a
             sort
             of
             crimes
             that
             are
             
               contra
               pacem
               vicecomitis
            
             ,
             as
             will
             be
             more
             cleared
             hereafter
             .
          
           
             I
             shall
             conclude
             this
             subject
             with
             these
             three
             Observations
             :
             First
             ,
             that
             the
             Laws
             in
             those
             ancient
             times
             of
             the
             Normans
             were
             so
             general
             ,
             as
             they
             then
             made
             no
             difference
             between
             places
             or
             persons
             ;
             but
             whether
             the
             peace
             was
             broken
             upon
             holy
             or
             common
             ground
             ,
             
             or
             upon
             a
             Lay-man
             ,
             or
             one
             in
             orders
             ,
             the
             Lay-power
             seized
             upon
             all
             .
             The
             second
             is
             the
             care
             they
             had
             for
             apprehending
             of
             the
             offenders
             in
             this
             kind
             .
             If
             the
             party
             slain
             were
             a
             Norman
             or
             Frenchman
             ,
             the
             Lord
             of
             the
             Manslayer
             was
             charged
             to
             have
             him
             forthcoming
             within
             a
             certain
             time
             ,
             
             or
             pay
             the
             Kings
             Fine
             of
             46
             Marks
             ,
             so
             long
             as
             he
             had
             wherewith
             to
             satisfie
             ,
             and
             for
             what
             remained
             the
             whole
             Hundred
             was
             charged
             .
             But
             if
             the
             party
             slain
             were
             of
             any
             other
             people
             ,
             the
             Hundred
             was
             immediately
             charged
             with
             the
             Manslayer
             ,
             and
             must
             bring
             him
             to
             answer
             within
             a
             certain
             time
             ,
             
             or
             pay
             the
             Kings
             fine
             .
             The
             third
             and
             last
             is
             ,
             the
             care
             they
             had
             to
             prevent
             breach
             of
             peace
             for
             the
             future
             ;
             first
             in
             setling
             of
             night-watches
             by
             all
             Cities
             ,
             Burroughs
             ,
             Castles
             ,
             and
             Hundreds
             ,
             in
             such
             manner
             as
             the
             Sheriff
             or
             chief
             Officers
             by
             Common-council
             shall
             advise
             for
             the
             best
             safety
             of
             the
             Kingdom
             .
             Secondly
             ,
             
             in
             forbidding
             entertainment
             of
             unknown
             persons
             above
             three
             days
             ,
             
             without
             surety
             for
             their
             good
             abearance
             ,
             
             or
             becoming
             their
             pledge
             for
             the
             publick
             safety
             ,
             nor
             to
             let
             any
             persons
             pass
             away
             without
             testimony
             under
             the
             Ministers
             and
             Neighbours
             hand
             of
             their
             good
             carriage
             .
          
           
             
               A
               Man
               committing
               Adultery
               with
               a
               Married
               Woman
               ,
               
               shall
               forfeit
               to
               his
               Lord
               the
               price
               of
               his
               life
               .
            
          
           
             This
             made
             the
             crime
             enquirable
             at
             the
             common-Law
             ,
             as
             an
             offence
             
             
               contra
               pacem
               Domini
            
             ;
             but
             afterward
             it
             was
             sinable
             to
             the
             King
             ,
             
             and
             enquirable
             amongst
             the
             pleas
             of
             the
             Crown
             by
             the
             Law
             of
             Henry
             the
             first
             .
             
          
           
             
               Force
               upon
               a
               Woman
               ,
               to
               the
               intent
               to
               Ravish
               her
               ,
               is
               finable
               ;
               
               but
               if
               a
               Rape
               be
               committed
               ,
               
               it
               shall
               be
               punished
               with
               loss
               of
               Member
               .
            
          
           
             The
             crime
             and
             offences
             against
             this
             Commandment
             were
             always
             punished
             in
             the
             Temporal
             Courts
             ,
             by
             Fine
             at
             the
             least
             ;
             and
             are
             still
             in
             the
             Normans
             time
             prosecuted
             in
             the
             same
             way
             ,
             notwithstanding
             the
             growing
             authority
             of
             the
             Canon
             .
          
           
             
               Robbery
               is
               finable
            
             .
          
           
             The
             different
             Law
             between
             the
             Saxons
             ,
             
             Angles
             ,
             and
             Danes
             ,
             now
             by
             the
             Normans
             is
             setled
             in
             the
             more
             merciful
             way
             ;
             and
             in
             case
             the
             delinquent
             made
             flight
             ,
             the
             pledge
             satisfied
             the
             Law
             for
             him
             .
             But
             in
             the
             latter
             times
             of
             Henry
             the
             first
             the
             Law
             was
             again
             reduced
             to
             the
             punishment
             of
             this
             crime
             by
             death
             ,
             
             and
             so
             hath
             continued
             .
          
           
             
               There
               shall
               be
               true
               weights
               and
               measures
               throughout
               the
               Kingdom
               ,
               
               and
               those
               shall
               be
               sealed
               .
               
            
          
           
             And
             this
             was
             the
             constant
             Saxon
             Law.
             
             
          
           
             
               Perjury
               to
               be
               punished
               by
               fine
               ,
            
             and
             as
             formerly
             still
             inquirable
             amongst
             the
             Crown-pleas
             .
             
          
        
         
           
           
             CHAP.
             LI.
             The
             like
             of
             Laws
             that
             concern
             common
             interest
             of
             Goods
             .
          
           
             IF
             Cattle
             be
             taken
             by
             Distress
             ,
             the
             party
             that
             will
             replevy
             them
             shall
             pay
             
             for
             the
             return
             of
             the
             Cattle
             ,
             
             and
             give
             security
             to
             bring
             the
             Distress
             into
             the
             Court
             ,
             if
             with
             within
             a
             year
             and
             a
             day
             it
             be
             demanded
             .
          
           
             This
             Law
             I
             take
             to
             be
             intended
             where
             the
             Cattle
             are
             taken
             damage
             feasant
             ;
             because
             nothing
             shall
             release
             the
             Distress
             in
             other
             cases
             ,
             but
             obedience
             to
             the
             Summons
             .
          
           
             No
             Distress
             
               ad
               comparendum
            
             shall
             be
             taken
             but
             after
             three
             several
             Summons
             ,
             
             and
             so
             many
             defaults
             made
             ;
             
             and
             in
             such
             case
             Distress
             shall
             issue
             by
             especial
             order
             from
             the
             County-court
             .
          
           
             I
             noted
             this
             partly
             to
             shew
             the
             difference
             of
             the
             Normans
             from
             the
             Saxons
             in
             the
             delay
             of
             execution
             of
             Justice
             by
             so
             much
             mean
             process
             ,
             and
             partly
             to
             shew
             the
             difference
             between
             the
             Norman
             times
             ,
             and
             these
             days
             wherein
             mens
             Cattle
             lie
             open
             to
             the
             distress
             of
             every
             oppressing
             or
             extorting
             Bayliff
             or
             unknown
             person
             ,
             and
             no
             Summons
             made
             at
             all
             ,
             whereby
             many
             poor
             mens
             Estates
             are
             either
             undone
             ,
             or
             they
             must
             submit
             to
             the
             unjust
             demands
             of
             their
             adversary
             .
          
           
             No
             manner
             of
             Goods
             of
             above
             four
             pence
             in
             value
             shall
             be
             bought
             ,
             unless
             in
             
             the
             presence
             of
             four
             Witnesses
             of
             the
             Town
             .
             
             And
             the
             vendor
             shall
             satisfie
             out
             of
             his
             own
             Estate
             ,
             if
             the
             sale
             be
             not
             effectual
             ,
             and
             in
             case
             the
             vendor
             have
             no
             warrant
             for
             such
             Goods
             by
             him
             sold.
             
          
           
             No
             living
             Cattle
             shall
             be
             sold
             ,
             but
             onely
             in
             Cities
             ,
             and
             before
             three
             Witnesses
             ;
             
             nor
             shall
             any
             thing
             forbidden
             be
             sold
             without
             Warranty
             .
             
          
           
             No
             Fairs
             or
             Markets
             shall
             be
             holden
             ,
             but
             onely
             in
             Cities
             ,
             Boroughs
             ,
             Wall'd-Towns
             ,
             
             and
             Castles
             .
             
          
           
             These
             Laws
             concerning
             sales
             and
             Markets
             were
             ancient
             Saxon
             Laws
             ,
             and
             tend
             all
             to
             the
             avoiding
             of
             cheating
             men
             of
             their
             Cattle
             by
             surreptitious
             sale
             of
             them
             made
             by
             such
             as
             had
             no
             right
             .
          
           
             Goods
             found
             shall
             be
             published
             by
             the
             Finder
             to
             the
             Neighbourhood
             ;
             and
             if
             
             any
             makes
             claim
             and
             proof
             of
             them
             to
             be
             his
             ,
             
             he
             shall
             have
             them
             ,
             giving
             security
             to
             bring
             them
             into
             the
             Court
             ,
             in
             case
             any
             other
             shall
             within
             a
             year
             and
             a
             day
             make
             his
             claim
             thereto
             .
          
           
             The
             Children
             of
             persons
             intestete
             shall
             equally
             divide
             the
             Heritage
             .
             
          
           
             This
             is
             
               in
               terminis
            
             the
             Saxon
             Law
             ;
             and
             therefore
             concerning
             it
             I
             shall
             refer
             to
             the
             same
             formerly
             recited
             ;
             onely
             I
             shall
             add
             hereto
             the
             Law
             of
             Henry
             the
             first
             ,
             
             which
             may
             serve
             as
             an
             explanation
             of
             the
             former
             .
             
               Any
               Freeman
               may
               devise
               his
               Chattels
               by
               will
               :
               and
               if
               he
               die
               intestate
               ,
               his
               Wife
               ,
               Children
               ,
               Parents
               ,
               or
               next
               kin
               shall
               divide
               the
               same
               for
               his
               Souls
               good
               .
            
             The
             first
             branch
             whereof
             was
             ancient
             ,
             and
             doubtless
             in
             continual
             use
             ;
             but
             the
             iniquity
             of
             the
             Norman
             rude
             times
             was
             such
             ,
             that
             the
             Lords
             under
             surmise
             of
             arrears
             or
             relief
             ,
             would
             seize
             all
             the
             personal
             estate
             after
             the
             Tenant's
             death
             ,
             and
             so
             the
             right
             of
             last
             Wills
             was
             swallowed
             up
             ;
             but
             
             this
             restoreth
             the
             power
             of
             last
             Wills
             into
             it's
             place
             ,
             an●
             in
             case
             the
             party
             died
             intestate
             ,
             preserveth
             a
             kind
             of
             nature
             of
             descent
             ,
             although
             they
             be
             more
             personal
             .
             Nor
             doth
             that
             last
             clause
             of
             the
             
               Souls
               good
            
             ,
             disanul
             the
             same
             ,
             although
             the
             words
             may
             seem
             to
             carry
             away
             the
             benefit
             to
             some
             other
             hand
             .
             For
             the
             whole
             matter
             is
             left
             to
             the
             discretion
             of
             such
             as
             are
             next
             to
             the
             Intestate
             .
          
        
         
           
             CHAP.
             LII
             .
             Of
             Laws
             that
             concern
             common
             interest
             of
             Lands
             .
          
           
             THe
             Laws
             that
             concern
             Lands
             ,
             and
             peculiarly
             belonging
             to
             the
             Normans
             ,
             are
             such
             as
             concern
             principally
             the
             tenure
             of
             Lands
             ;
             which
             if
             duly
             considered
             ,
             although
             savoured
             somewhat
             of
             the
             King
             ,
             yet
             little
             of
             the
             Conquerour
             .
             For
             generally
             it
             must
             be
             granted
             ,
             that
             Tenures
             long
             before
             and
             after
             this
             time
             ,
             were
             ,
             as
             the
             services
             ,
             ordered
             according
             to
             the
             Will
             of
             the
             giver
             ,
             in
             which
             as
             the
             King
             had
             the
             greatest
             share
             ,
             and
             he
             the
             most
             publick
             person
             of
             all
             :
             so
             were
             his
             Donations
             ordered
             chiefly
             to
             advance
             the
             publick
             service
             ;
             and
             in
             this
             regard
             the
             Tenure
             by
             Knight
             service
             might
             more
             principally
             challenge
             the
             King's
             regard
             ,
             than
             the
             regard
             of
             all
             the
             great
             men
             besides
             .
             But
             this
             was
             not
             the
             sore
             ,
             yea
             ,
             rather
             it
             was
             the
             beauty
             and
             strength
             of
             the
             Kingdom
             ;
             and
             for
             which
             the
             King
             deserved
             an
             honourable
             name
             above
             most
             of
             his
             progenitors
             ,
             who
             had
             not
             so
             much
             Land
             to
             dispose
             of
             as
             he
             had
             ,
             and
             therefore
             could
             not
             advance
             that
             service
             in
             any
             proportion
             equal
             unto
             him
             .
             The
             sore
             that
             caused
             so
             many
             sighs
             ,
             was
             the
             incumbrances
             raised
             upon
             this
             most
             noble
             and
             free
             service
             ,
             which
             through
             the
             evil
             of
             times
             by
             this
             means
             became
             the
             most
             burdensome
             ,
             and
             the
             onely
             loathed
             and
             abhorred
             service
             of
             all
             the
             rest
             .
             I
             say
             through
             the
             evil
             of
             times
             ;
             for
             it
             cannot
             lodge
             in
             my
             thoughts
             but
             that
             in
             the
             Norman
             times
             the
             incumbrances
             were
             nothing
             so
             great
             as
             of
             latter
             Ages
             ,
             and
             that
             much
             hath
             been
             imputed
             to
             the
             Laws
             of
             the
             Conquerour
             ,
             which
             they
             never
             deserved
             ,
             as
             may
             appear
             in
             these
             particulars
             ,
             which
             the
             Laws
             of
             Henry
             the
             First
             have
             preserved
             in
             memory
             .
          
           
             Tenant
             of
             the
             King
             ,
             
             or
             other
             Lord
             ,
             dying
             ,
             his
             Heir
             shall
             pay
             no
             other
             relief
             than
             what
             by
             Law
             is
             due
             .
          
           
             That
             which
             by
             Law
             is
             due
             ,
             is
             set
             down
             in
             the
             Laws
             of
             William
             the
             Conquerour
             .
          
           
             
               The
               Relief
               of
               an
               Earl.
               
               
            
             
               8
               Horses
               sadled
               and
               bridled
               .
            
             
               4
               Helmets
               .
            
             
               4
               Coats
               of
               Mail.
               
            
             
               4.
               
               Shields
               .
            
             
               4
               Spears
               .
            
             
               4
               Swords
               .
            
             
               4
               Chasers
            
             
               1
               Palfray
            
             
               bridled
               and
               sadled
               .
            
          
           
             
             
               The
               Relief
               of
               a
               Baron
               .
            
             
               4
               Horses
               with
               Saddles
               and
               Bridles
               .
               
            
             
               2
               Helmets
               .
            
             
               2
               Coats
               of
               Mail.
               
            
             
               2
               Shields
               .
            
             
               2
               Spears
               .
            
             
               2
               Swords
               .
            
             
               2
               Chasers
            
             
               1
               Palfray
            
             
               bridled
               and
               sadled
               .
            
          
           
             
               The
               Relief
               of
               a
               Vovasor
               to
               his
               Lord.
               
            
             
               His
               best
               Horse
               .
               
            
             
               His
               Helmet
               .
            
             
               His
               Coat
               of
               Mail.
               
            
             
               His
               Shield
               .
            
             
               His
               Spear
               .
            
             
               His
               Sword.
               
            
             
               Or
               if
               he
               had
               no
               Arms
               ,
               then
               he
               was
               to
               pay
            
             
               s.
               100
            
          
           
             
               The
               Relief
            
             of
             the
             Country-man
             is
             
               the
               best
               Beast
               that
               is
               in
               his
               possession
            
             ;
             
             and
             of
             him
             that
             farmeth
             his
             Lands
             ,
             
               a
               years
               rent
            
             .
          
           
             These
             are
             the
             Reliefs
             due
             by
             Law
             ,
             and
             now
             setled
             in
             Goods
             or
             Arms
             ,
             but
             afterwards
             turned
             into
             Money
             ;
             and
             it
             is
             likely
             that
             the
             ill
             customs
             in
             the
             former
             times
             did
             extort
             both
             Money
             and
             Arms
             ,
             or
             such
             sums
             of
             Money
             as
             they
             pleased
             :
             and
             by
             the
             very
             words
             of
             the
             Law
             ,
             it
             seems
             they
             had
             brought
             it
             to
             an
             Arbitrary
             power
             ,
             to
             take
             what
             they
             could
             get
             ,
             and
             yet
             all
             against
             Law.
             
          
           
             The
             Kings
             Tenant
             shall
             advise
             with
             the
             King
             in
             marriage
             of
             his
             Daughter
             ,
             
             Sister
             ,
             Niece
             ,
             or
             Kinswoman
             ;
             and
             his
             Widow
             in
             like
             manner
             .
             
          
           
             The
             sence
             hereof
             in
             short
             is
             ,
             that
             these
             might
             marry
             at
             their
             own
             will
             ,
             without
             paying
             Fine
             or
             Composition
             to
             the
             Lord
             ;
             and
             yet
             must
             have
             the
             liking
             of
             the
             Lord
             so
             far
             as
             to
             declare
             whether
             the
             man
             intended
             were
             his
             Enemy
             or
             not
             ,
             and
             fit
             to
             perform
             Knight-service
             .
             This
             Law
             was
             therefore
             grounded
             upon
             the
             present
             distress
             of
             affairs
             ,
             wherein
             the
             Nation
             was
             unsetled
             ,
             and
             common
             right
             having
             established
             a
             mutual
             trust
             between
             Lord
             and
             Tenant
             ,
             found
             out
             this
             means
             to
             preserve
             the
             same
             :
             for
             if
             the
             marriages
             of
             those
             that
             are
             related
             to
             the
             Tenant
             in
             such
             manner
             as
             may
             inherit
             part
             of
             all
             his
             Lands
             ,
             or
             have
             joynture
             therein
             ,
             should
             be
             left
             altogether
             at
             the
             liberty
             of
             the
             Tenant
             or
             his
             Widow
             ▪
             it
             must
             needs
             follow
             ,
             that
             the
             mutual
             trust
             between
             Lord
             and
             Tenant
             must
             fail
             ,
             and
             the
             publick
             receive
             damage
             .
             And
             therefore
             if
             this
             custom
             were
             of
             Norman
             birth
             ,
             it
             was
             begotten
             upon
             a
             Saxon
             Law
             ,
             and
             might
             the
             rather
             be
             owned
             by
             the
             English.
             
          
           
             The
             Widow
             of
             the
             King's
             Tenant
             ,
             having
             Children
             ,
             shall
             have
             her
             Dower
             
             and
             Portion
             so
             long
             as
             she
             keeps
             unmarried
             .
             
          
           
             The
             portion
             here
             is
             in
             the
             Latine
             word
             maritagium
             ,
             which
             I
             take
             to
             be
             the
             
               Marriage
               portion
            
             given
             by
             the
             Husband
             according
             to
             the
             Saxon
             custom
             ,
             whenas
             the
             Dower
             in
             Land
             was
             not
             in
             use
             ;
             whereof
             is
             spoken
             formerly
             in
             that
             Chapter
             of
             Dower
             .
             And
             the
             Normans
             were
             necessitated
             to
             introduce
             this
             custom
             of
             theirs
             with
             themselves
             ,
             partly
             because
             it
             
             was
             a
             priviledge
             which
             was
             their
             own
             by
             birth
             ,
             and
             it
             could
             not
             be
             waved
             without
             an
             evident
             wrong
             done
             to
             the
             Wives
             of
             these
             men
             who
             had
             ventured
             their
             lives
             in
             that
             service
             ;
             but
             principally
             because
             it
             would
             not
             consist
             with
             the
             work
             in
             hand
             to
             disclaim
             that
             custom
             which
             must
             needs
             be
             of
             infinite
             consequence
             in
             the
             effecting
             of
             what
             was
             principally
             sought
             after
             ,
             viz.
             the
             union
             of
             the
             two
             peoples
             ,
             Normans
             and
             Saxons
             ,
             into
             one
             :
             I
             say
             ,
             it
             was
             principally
             sought
             after
             by
             the
             Norman
             Conquerour
             ,
             if
             not
             led
             thereto
             by
             his
             own
             genius
             ,
             yet
             necessitated
             thereto
             by
             force
             of
             reason
             of
             State
             ,
             as
             shall
             appear
             hereafter
             .
             And
             what
             could
             be
             imagined
             a
             more
             ready
             way
             to
             stay
             the
             effusion
             of
             bloud
             ,
             and
             all
             other
             unhappy
             events
             of
             enmity
             ,
             than
             by
             taking
             away
             enmity
             it self
             ?
             or
             a
             more
             speedy
             and
             certain
             course
             for
             union
             ,
             than
             to
             reduce
             the
             Men
             and
             Women
             of
             each
             people
             to
             mutual
             society
             ,
             and
             to
             seal
             up
             all
             by
             a
             lasting
             bond
             of
             Marriage
             ?
             or
             greater
             encouragement
             for
             the
             comfortable
             proceedings
             therein
             ,
             than
             the
             setling
             of
             the
             constant
             maintenance
             of
             the
             Wife
             ,
             in
             case
             of
             survivorship
             ,
             by
             the
             Law
             of
             Dower
             of
             the
             Lands
             and
             Tenements
             of
             the
             Husband
             ?
             
             which
             was
             so
             full
             of
             contingencies
             and
             uncertainties
             in
             the
             portion
             of
             Goods
             that
             was
             by
             the
             Saxon
             Law
             appointed
             to
             the
             Wife
             in
             such
             case
             .
             Nor
             was
             this
             all
             ;
             for
             by
             Marriage
             thus
             made
             to
             the
             Normans
             ,
             they
             had
             a
             great
             hold
             ,
             not
             so
             much
             over
             the
             English
             ,
             as
             in
             the
             English
             ;
             and
             that
             not
             onely
             during
             coverture
             ,
             but
             by
             reason
             of
             this
             title
             of
             Dower
             ,
             the
             Women
             became
             Tenants
             ,
             and
             under
             the
             Lords
             wing
             ,
             so
             as
             they
             durst
             not
             willingly
             and
             illegally
             offend
             their
             Lord
             in
             their
             Widowhood
             ,
             nor
             by
             Law
             nor
             reason
             match
             themselves
             and
             their
             Dowry
             to
             any
             other
             that
             was
             not
             first
             allowed
             by
             the
             Lord
             to
             be
             in
             friendship
             with
             him
             :
             and
             thus
             became
             the
             Tenants
             Widows
             to
             be
             at
             the
             liking
             of
             the
             Lord
             for
             their
             marriage
             .
             And
             the
             like
             hereto
             may
             be
             said
             concerning
             the
             Husband
             in
             case
             of
             Tenant
             by
             the
             courtesie
             ;
             
             and
             however
             by
             the
             Norman
             former
             practice
             it
             was
             much
             disturbed
             ,
             yet
             by
             Henry
             the
             first
             it
             was
             again
             reduced
             to
             its
             former
             right
             ,
             rather
             than
             original
             arising
             from
             his
             grant
             ,
             as
             some
             hold
             ,
             and
             proved
             advantageous
             for
             the
             ends
             aforesaid
             .
             Now
             as
             touching
             their
             marriage-portion
             of
             Goods
             ,
             because
             the
             Saxon
             Law
             had
             already
             endowed
             them
             thereof
             ,
             they
             could
             not
             be
             induced
             to
             lay
             down
             their
             known
             ancient
             right
             ,
             till
             they
             found
             the
             new
             Law
             of
             Dower
             to
             settle
             ;
             and
             so
             for
             some
             time
             both
             Laws
             were
             in
             force
             ,
             until
             the
             more
             ancient
             Saxon
             law
             had
             an
             honourable
             burial
             .
             Nevertheless
             for
             the
             present
             ,
             the
             Law
             abridged
             that
             right
             so
             far
             as
             to
             limit
             it
             to
             the
             Widow
             during
             Widowhood
             ,
             according
             to
             the
             former
             
             Saxon-law
             .
             Upon
             consideration
             of
             all
             which
             ,
             it
             may
             well
             be
             conceived
             that
             the
             power
             of
             the
             Lords
             in
             consenting
             or
             dissenting
             to
             the
             marriages
             of
             their
             Tenants
             ,
             Widows
             ,
             and
             Wards
             ,
             was
             not
             so
             much
             an
             usurpation
             upon
             the
             Common
             right
             of
             the
             English
             Subjects
             ,
             as
             a
             custom
             rationally
             ,
             and
             with
             great
             wisdom
             ,
             as
             the
             course
             of
             affairs
             then
             stood
             ,
             upholden
             and
             allowed
             amongst
             them
             ,
             principally
             for
             the
             speedy
             setling
             of
             a
             peaceable
             Government
             ,
             and
             consolidating
             of
             two
             Nations
             into
             one
             ,
             and
             wherein
             England
             was
             then
             so
             happy
             as
             to
             come
             to
             a
             conclusion
             in
             seven
             years
             ,
             which
             cost
             their
             Ancestors
             night
             Two
             hundred
             years
             experience
             with
             the
             Britains
             ,
             besides
             a
             world
             of
             bloud-shed
             that
             might
             have
             been
             spared
             ,
             e're
             they
             could
             find
             out
             the
             right
             way
             to
             a
             desired
             peace
             by
             mutual
             marriages
             had
             between
             them
             .
          
           
             Such
             Widow
             shall
             have
             the
             custody
             of
             the
             Lands
             of
             such
             Children
             ,
             
             or
             otherwise
             such
             other
             person
             as
             by
             right
             ought
             to
             have
             the
             same
             .
          
           
             
             This
             is
             the
             first
             news
             of
             Wardships
             that
             passed
             abroad
             
               cum
               privilegio
            
             of
             a
             received
             Law
             ,
             
             which
             ,
             together
             with
             the
             former
             ,
             declare
             the
             right
             
             custom
             of
             the
             Normans
             ,
             and
             thereby
             the
             
               injustas
               consuetudines
               quibus
               Anglioe
               regnum
               opprimebatur
               ,
            
             
             viz.
             
               Arbitrary
               Relief
            
             taken
             of
             the
             Tenant's
             Estate
             ,
             
               arbitrary
               Marriages
            
             made
             of
             their
             Peersons
             ,
             and
             
               arbitrary
               Grants
               of
               Guardianship
            
             of
             their
             Lands
             :
             For
             as
             yet
             oppression
             was
             not
             so
             high-flown
             as
             to
             cast
             the
             government
             of
             the
             persons
             of
             their
             Wards
             out
             of
             the
             view
             of
             the
             Lords
             provisionary
             care
             ,
             upon
             adventure
             of
             the
             next
             in
             Law
             ,
             whether
             man
             or
             woman
             ,
             wise
             or
             unwise
             ,
             under
             pretence
             to
             train
             him
             up
             in
             military
             service
             fit
             for
             the
             Lord
             's
             own
             safety
             ,
             and
             the
             Kingdoms
             lifeguard
             :
             But
             it
             was
             the
             proper
             ground
             of
             the
             Lord
             's
             own
             seisure
             and
             right
             of
             Wardship
             ,
             he
             being
             looked
             upon
             by
             the
             eye
             of
             common
             reason
             as
             the
             onely
             meet
             man
             that
             both
             could
             and
             would
             effect
             that
             work
             ,
             so
             as
             might
             be
             most
             advantageous
             to
             the
             publick
             ;
             which
             seemed
             to
             be
             chiefly
             concerned
             herein
             .
             And
             upon
             the
             same
             general
             ground
             the
             survey
             of
             fools
             accompanied
             the
             former
             ,
             albeit
             it
             was
             not
             in
             practice
             till
             Henry
             the
             First
             brought
             it
             in
             ,
             
             as
             the
             
               Mirror
               of
               Justice
            
             saith
             (
             fol.
             258.
             )
             yet
             it
             came
             upon
             an
             ancient
             foundation
             laid
             in
             the
             time
             of
             the
             Danes
             .
             For
             my
             own
             part
             ,
             I
             will
             not
             dispute
             the
             point
             whether
             this
             custom
             of
             Wardship
             was
             purely
             Norman
             ,
             or
             whether
             it
             was
             derived
             from
             the
             Saxons
             anciently
             ,
             who
             possibly
             might
             have
             some
             respect
             to
             Orphans
             ,
             in
             such
             cases
             to
             train
             them
             up
             for
             the
             publick
             service
             in
             point
             of
             War
             ;
             especially
             being
             possessors
             of
             a
             known
             right
             of
             Relief
             ,
             
             as
             well
             as
             Alfred
             the
             Saxon
             King
             did
             undertake
             the
             work
             for
             the
             training
             of
             some
             such
             particular
             persons
             in
             Learning
             for
             the
             service
             of
             the
             Publick
             ,
             in
             time
             of
             peace
             and
             civil
             Government
             .
             Yet
             thus
             much
             appeareth
             ,
             that
             Guardianship
             of
             Lands
             was
             a
             known
             Custom
             ,
             enough
             to
             make
             and
             maintain
             a
             right
             ;
             and
             that
             it
             by
             Law
             was
             a
             right
             belonging
             to
             some
             persons
             before
             others
             ;
             and
             that
             this
             had
             been
             a
             custom
             before
             the
             former
             unjust
             customs
             crept
             into
             the
             Government
             of
             the
             Conquerour
             ,
             and
             principally
             of
             his
             Son
             Rufus
             .
             And
             though
             it
             be
             questionable
             whether
             it
             setled
             first
             upon
             the
             Normans
             or
             the
             English
             ,
             yet
             it
             is
             manifest
             that
             if
             one
             people
             had
             it
             ,
             the
             other
             people
             now
             coming
             into
             union
             with
             that
             people
             ,
             could
             not
             in
             reason
             except
             against
             that
             custom
             which
             the
             other
             people
             had
             taken
             up
             upon
             so
             honourable
             grounds
             as
             reason
             of
             State
             ,
             which
             as
             the
             times
             then
             were
             ,
             was
             evident
             and
             superlative
             ;
             especially
             the
             customs
             being
             under
             the
             regulating
             of
             Law
             ,
             and
             not
             of
             any
             Arbitrary
             power
             ;
             and
             can
             be
             no
             Presidents
             of
             
               Relief
               ,
               Marriage
            
             ,
             and
             Wardship
             that
             after-ages
             usurped
             .
          
           
             Tenants
             in
             Knight-service
             shall
             hold
             their
             Lands
             ,
             
             &c.
             acquitted
             of
             all
             Taxes
             ,
             that
             they
             may
             be
             more
             able
             to
             provide
             Arms
             ,
             and
             be
             more
             ready
             and
             fit
             for
             
             the
             Kings
             service
             ,
             and
             defence
             of
             the
             Kingdom
             .
             
          
           
             This
             Law
             ,
             whether
             it
             be
             a
             renewing
             of
             a
             former
             custom
             ,
             or
             an
             introduction
             of
             a
             new
             Law
             ,
             it
             is
             clear
             it
             was
             upon
             an
             old
             ground
             :
             That
             Tenants
             by
             Knight-service
             must
             be
             ready
             for
             the
             service
             of
             their
             Lord
             ,
             and
             defence
             of
             the
             Kingdom
             ;
             whereof
             afterwards
             .
             But
             the
             Law
             is
             ,
             that
             these
             men
             shall
             hold
             their
             Lands
             of
             that
             Tenure
             acquitted
             of
             all
             Taxes
             ,
             though
             legally
             imposed
             upon
             the
             body
             of
             the
             Kingdom
             ,
             which
             must
             be
             conceived
             to
             be
             for
             the
             publick
             benefit
             ,
             viz.
             either
             for
             the
             preparation
             or
             maintenance
             of
             publick
             War
             ;
             for
             in
             such
             cases
             it
             hath
             been
             in
             all
             times
             held
             unreasonable
             ,
             that
             those
             whose
             persons
             are
             employed
             to
             serve
             in
             the
             Wars
             ,
             should
             hold
             Lands
             doubly
             charged
             to
             the
             same
             service
             ,
             viz.
             to
             the
             defraying
             of
             their
             own
             private
             expences
             in
             the
             War
             ,
             and
             maintenance
             of
             the
             publick
             charge
             of
             the
             same
             War
             besides
             .
          
        
         
           
           
             CHAP.
             LIII
             .
             Of
             divers
             Laws
             made
             concerning
             the
             execution
             of
             Justice
             .
          
           
             ALthough
             in
             proceedings
             in
             Cases
             of
             vindicative
             Justice
             Delinquents
             might
             seem
             to
             be
             left
             rather
             to
             the
             fury
             than
             mercy
             of
             the
             Law
             ;
             yet
             so
             long
             as
             men
             are
             under
             the
             Law
             ,
             and
             not
             without
             the
             Law
             ,
             it
             hath
             been
             always
             held
             a
             part
             of
             Justice
             to
             extend
             what
             moderation
             might
             possibly
             stand
             with
             the
             honour
             of
             the
             Law
             ;
             and
             that
             otherwise
             an
             over-rigid
             and
             fierce
             prosecution
             of
             the
             guilty
             ,
             is
             no
             less
             tyranny
             than
             the
             prosecution
             of
             the
             not-guilty
             :
             and
             although
             violence
             was
             the
             proper
             vice
             of
             these
             times
             ,
             yet
             this
             point
             of
             honour
             must
             be
             given
             to
             the
             Normans
             ,
             That
             their
             Sword
             had
             Eyes
             ,
             and
             moved
             not
             altogether
             by
             Rage
             ,
             but
             by
             Reason
             .
          
           
             
             No
             Sentence
             shall
             pass
             but
             upon
             averment
             of
             the
             complaint
             by
             Accuser
             or
             Witnesses
             produced
             .
             
          
           
             
             Fine
             and
             Pledges
             shall
             be
             according
             to
             the
             quantity
             of
             the
             offence
             .
          
           
             By
             these
             two
             Laws
             of
             Henry
             the
             first
             ,
             
             the
             Subjects
             were
             delivered
             from
             three
             great
             oppressions
             .
             First
             ,
             in
             making
             them
             offenders
             without
             Complaint
             or
             Witness
             .
             Secondly
             ,
             in
             imposing
             immoderate
             Fines
             .
             Lastly
             ,
             in
             urging
             extraordinary
             Bail.
             
          
           
             
             Forfeiture
             of
             Felons
             Lands
             is
             reduced
             to
             a
             year
             and
             a
             day
             .
             
          
           
             The
             Normans
             had
             reduced
             the
             Saxon
             law
             in
             this
             case
             unto
             their
             own
             Last
             ,
             which
             stretched
             their
             desire
             as
             far
             as
             the
             estate
             would
             bear
             ;
             but
             this
             being
             so
             prejudicial
             to
             the
             immediate
             Lords
             ,
             who
             were
             no
             offenders
             in
             this
             case
             ,
             and
             so
             contrary
             to
             the
             Saxon
             law
             ,
             it
             was
             both
             done
             and
             undone
             in
             a
             short
             space
             by
             the
             allowance
             of
             Henry
             the
             first
             .
          
           
             
             Intent
             of
             Criminal
             offences
             manifested
             by
             Act
             ,
             punished
             by
             Fine
             or
             Mulct
             .
          
           
             This
             by
             
             Alfred's
             Law
             was
             punished
             by
             Talioes
             Law
             ,
             
             but
             now
             by
             a
             Law
             of
             Henry
             the
             first
             reduced
             to
             Mulcts
             .
          
           
             
             Mainperners
             are
             not
             to
             be
             punished
             as
             Principals
             ,
             unless
             they
             be
             parties
             or
             privies
             to
             the
             failing
             of
             the
             Principal
             .
          
           
             This
             Law
             of
             Henry
             the
             first
             repealed
             the
             former
             Law
             of
             Canutus
             ,
             
             which
             must
             be
             acknowledged
             to
             be
             rigorous
             ,
             although
             not
             altogether
             without
             reason
             .
          
           
             
             No
             person
             shall
             be
             imprisoned
             for
             committing
             of
             a
             mortal
             Crime
             ,
             unless
             first
             he
             be
             attained
             by
             Verdict
             of
             Twelve
             men
             .
          
           
             By
             imprisonment
             ,
             
             is
             intended
             close
             imprisonment
             ,
             or
             imprisonment
             without
             Bail
             or
             Mainprize
             ;
             for
             otherwise
             it
             is
             apparent
             ,
             that
             as
             well
             by
             the
             Saxon
             as
             Norman
             Laws
             ,
             men
             were
             brought
             to
             Trial
             by
             restraint
             .
          
           
             
             Appeals
             of
             Murder
             restrained
             within
             the
             fourth
             degree
             .
          
           
             Before
             this
             Law
             ,
             
             Appeals
             were
             brought
             by
             any
             of
             the
             bloud
             or
             kin
             of
             the
             party
             slain
             :
             but
             now
             by
             Henry
             the
             first
             restrained
             .
             The
             ground
             seems
             to
             be
             ,
             for
             that
             affection
             that
             runs
             with
             the
             bloud
             ,
             grows
             so
             cold
             
             beyond
             the
             fourth
             degree
             ,
             that
             the
             death
             of
             the
             party
             is
             of
             so
             small
             account
             ,
             as
             it
             can
             scarcely
             be
             reputed
             a
             loss
             of
             such
             consequence
             to
             the
             party
             ,
             as
             to
             expose
             the
             life
             or
             price
             of
             the
             life
             of
             the
             Manslayer
             unto
             the
             claim
             of
             such
             an
             one
             .
             And
             thus
             the
             Saxon
             law
             that
             gave
             the
             satisfaction
             in
             such
             case
             to
             the
             whole
             kinred
             ,
             became
             limited
             to
             the
             fourth
             degree
             ,
             as
             I
             conceive
             ,
             from
             the
             Ecclesiastical
             constitution
             concerning
             marriage
             .
          
           
             Two
             things
             more
             concerning
             juridical
             proceedings
             may
             be
             noted
             ;
             the
             one
             concerning
             speedy
             course
             of
             Justice
             ,
             wherein
             they
             may
             seem
             to
             justifie
             the
             Saxon
             way
             ;
             but
             could
             never
             attain
             to
             their
             pace
             ,
             in
             regard
             they
             yielded
             so
             much
             time
             to
             
               Summons
               ,
               Essoyns
            
             ,
             &c.
             
             The
             other
             concerns
             election
             of
             Judges
             by
             the
             parties
             ;
             for
             this
             we
             find
             in
             the
             Laws
             of
             Henry
             the
             first
             .
          
        
         
           
             CHAP.
             LIV.
             Of
             the
             Militia
             during
             the
             Normans
             time
             .
          
           
             THe
             power
             of
             Militia
             is
             either
             the
             Legislative
             or
             Executory
             power
             :
             the
             Legislative
             power
             without
             contradiction
             rested
             in
             the
             grand
             Council
             of
             the
             Kingdom
             ,
             to
             whom
             it
             belonged
             to
             establish
             Laws
             for
             the
             government
             of
             the
             Kingdom
             in
             time
             of
             peace
             .
             And
             this
             will
             appear
             in
             the
             preparation
             for
             War
             ,
             the
             levying
             of
             War
             ,
             and
             managing
             thereof
             after
             it
             is
             levied
             .
             For
             the
             preparation
             ,
             it
             consisteth
             in
             levying
             men
             and
             munition
             ,
             or
             of
             money
             .
             In
             all
             which
             questionless
             will
             be
             a
             difference
             between
             raising
             of
             War
             by
             a
             King
             to
             revenge
             a
             personal
             injury
             done
             to
             the
             King
             's
             own
             person
             ,
             and
             a
             War
             raised
             by
             the
             whole
             Kingdom
             ,
             or
             representative
             body
             thereof
             ,
             which
             is
             commonly
             done
             in
             defence
             of
             publick
             interest
             ,
             and
             seldom
             in
             any
             offensive
             way
             ,
             unless
             in
             recovery
             of
             a
             right
             possession
             ,
             either
             formerly
             lost
             ,
             or
             as
             yet
             not
             fully
             setled
             .
             Now
             although
             it
             be
             true
             ,
             that
             seldom
             do
             injuries
             reflect
             upon
             the
             King's
             person
             alone
             ,
             but
             that
             the
             Kingdom
             will
             be
             concerned
             therein
             to
             endeavour
             a
             remedy
             ;
             yet
             because
             it
             may
             fall
             out
             otherwise
             ,
             and
             Kings
             have
             taken
             occasion
             to
             levy
             War
             of
             their
             own
             accord
             ,
             in
             such
             case
             they
             could
             neither
             compel
             the
             persons
             of
             their
             Subjects
             or
             their
             Estates
             to
             be
             contributary
             .
             And
             of
             this
             nature
             I
             take
             the
             War
             levied
             by
             Harold
             against
             the
             Conquerour
             to
             be
             ,
             wherein
             the
             greatest
             part
             of
             the
             Kingdom
             was
             never
             engaged
             ,
             nor
             therefore
             did
             it
             feel
             the
             dint
             of
             the
             Conquerour's
             Sword
             at
             all
             ;
             and
             in
             this
             case
             the
             Militia
             must
             be
             allowed
             to
             such
             as
             bear
             the
             purse
             :
             nor
             can
             it
             be
             concluded
             to
             be
             the
             Militia
             of
             the
             Kingdom
             ,
             nor
             any
             part
             thereof
             ,
             although
             the
             Kingdom
             may
             connive
             thereat
             .
             But
             to
             set
             this
             consideration
             aside
             ,
             as
             not
             co-incident
             at
             all
             with
             the
             Norman
             engagements
             after
             they
             were
             crowned
             ,
             and
             to
             take
             all
             the
             subsequent
             Wars
             to
             be
             meerly
             defensive
             of
             the
             right
             of
             the
             Crown
             ,
             as
             in
             sober
             construction
             they
             will
             appear
             to
             be
             :
             as
             touching
             the
             
               levying
               of
               money
            
             ,
             't
             is
             evident
             that
             it
             lay
             onely
             in
             the
             power
             of
             the
             grand
             Council
             of
             the
             Kingdom
             ;
             for
             otherwise
             the
             Laws
             were
             setled
             that
             
               no
               Tax
               should
               be
               made
               or
               taken
               but
               such
               as
               were
               due
               in
               the
               Confessor's
               time
               ,
            
             as
             formerly
             hath
             been
             shewed
             .
             Secondly
             ,
             for
             the
             preparing
             of
             men
             and
             munition
             ,
             it
             was
             done
             either
             by
             Tenure
             ,
             or
             by
             special
             Law.
             As
             touching
             Tenure
             ,
             it
             was
             provided
             by
             way
             of
             contract
             ,
             that
             those
             that
             held
             by
             Knight-service
             should
             be
             ready
             with
             their
             Arms
             to
             assist
             the
             King
             for
             the
             defence
             of
             the
             Realm
             :
             So
             as
             they
             were
             not
             bound
             by
             their
             Tenure
             to
             aid
             him
             in
             any
             
             other
             cases
             .
             
             Others
             were
             also
             by
             especial
             Law
             of
             the
             Land
             bound
             to
             be
             ready
             for
             their
             service
             in
             that
             kind
             :
             For
             all
             the
             Inhabitants
             of
             this
             Kingdom
             held
             their
             Estates
             under
             a
             general
             service
             ,
             which
             by
             common
             right
             they
             are
             bound
             to
             perform
             ,
             viz.
             in
             time
             of
             danger
             to
             joyn
             in
             defence
             of
             their
             Country
             :
             
             This
             is
             the
             common
             Fealty
             or
             Allegiance
             which
             all
             men
             owe
             ;
             and
             which
             if
             neglected
             or
             refused
             ,
             renders
             the
             party
             guilty
             of
             Treason
             against
             his
             Country
             ,
             and
             his
             Estate
             under
             the
             penalty
             of
             forfeiture
             ,
             according
             to
             the
             old
             Saxon
             Law
             revived
             and
             declared
             by
             Henry
             the
             first
             .
             
             Thus
             the
             Law
             made
             preparation
             for
             the
             War
             ,
             both
             of
             Men
             and
             Arms.
             Castles
             and
             Forts
             were
             likewise
             either
             first
             made
             by
             the
             order
             of
             the
             grand
             Council
             ,
             or
             otherwise
             allowed
             by
             them
             ,
             for
             the
             defence
             of
             the
             Commons
             and
             the
             Kingdom
             ;
             
             so
             was
             the
             Law
             of
             William
             the
             first
             .
             The
             levying
             and
             managing
             of
             the
             War
             must
             not
             be
             denied
             
               de
               jure
            
             to
             belong
             to
             the
             representative
             body
             ,
             so
             far
             as
             may
             consist
             with
             the
             directory
             part
             ,
             for
             that
             it
             is
             a
             main
             part
             of
             the
             Government
             of
             the
             Kingdom
             in
             times
             of
             War
             :
             And
             therefore
             Henry
             the
             first
             ,
             amongst
             his
             Laws
             made
             in
             the
             ordinary
             course
             of
             Law-making
             ,
             provideth
             for
             the
             ordering
             of
             men
             in
             the
             Army
             in
             the
             field
             ;
             and
             established
             a
             Law
             ,
             that
             such
             as
             forsook
             their
             Colours
             or
             Associates
             in
             the
             field
             ,
             during
             the
             Battle
             ,
             should
             be
             punished
             with
             death
             ,
             and
             forfeiture
             of
             his
             whole
             Estate
             .
             Nor
             yet
             can
             it
             be
             denied
             but
             that
             
               de
               facto
            
             Kings
             of
             their
             own
             accord
             ,
             and
             by
             secret
             Council
             ,
             did
             direct
             therein
             ;
             either
             in
             the
             vacancy
             of
             Parliament
             ,
             which
             was
             the
             general
             case
             of
             the
             first
             times
             of
             the
             Norman
             Conquerour
             ,
             and
             the
             whole
             Reign
             of
             
               William
               Rufus
            
             ;
             or
             by
             connivance
             of
             the
             grand
             Council
             ,
             while
             they
             saw
             nothing
             done
             but
             what
             was
             well
             done
             .
             
             Nor
             can
             it
             be
             rationally
             said
             that
             Kings
             by
             such
             advice
             as
             they
             have
             (
             in
             the
             recess
             of
             the
             grand
             Council
             )
             levying
             War
             in
             defence
             of
             the
             publick
             according
             to
             rules
             ,
             do
             otherwise
             than
             their
             duty
             ;
             or
             if
             the
             grand
             Council
             look
             on
             ,
             see
             nothing
             misgoverned
             ,
             and
             say
             nothing
             ,
             that
             they
             do
             other
             than
             is
             meet
             :
             For
             it
             must
             be
             remembred
             ,
             that
             Kings
             in
             their
             first
             original
             were
             rather
             Officers
             for
             War
             than
             Peace
             ;
             and
             so
             are
             holden
             by
             all
             Antiquity
             ,
             and
             as
             Generals
             in
             War
             were
             called
             Reges
             or
             Imperatores
             ,
             by
             the
             
               Grecians
               ,
               Romans
            
             ,
             and
             Germans
             .
             And
             at
             such
             times
             as
             War
             was
             concluded
             ,
             at
             the
             general
             meeting
             of
             the
             people
             they
             chose
             their
             Dux
             or
             Rex
             ,
             call
             him
             which
             you
             please
             ;
             and
             he
             being
             chosen
             ,
             all
             bound
             themselves
             to
             be
             at
             his
             command
             ,
             and
             to
             defend
             his
             person
             .
             So
             as
             while
             a
             King
             keepeth
             within
             his
             place
             ,
             in
             time
             of
             danger
             it
             is
             his
             duty
             first
             to
             stir
             himself
             ,
             and
             stir
             up
             the
             rest
             ;
             to
             lead
             them
             and
             order
             them
             ,
             as
             may
             be
             most
             for
             the
             publick
             defence
             ,
             and
             to
             govern
             the
             Army
             by
             such
             Laws
             as
             are
             or
             shall
             be
             established
             by
             order
             of
             the
             publick
             Meeting
             ,
             and
             in
             case
             of
             sudden
             exigencies
             to
             use
             his
             own
             wits
             ;
             and
             in
             all
             this
             is
             the
             common
             liberty
             no
             whit
             infringed
             ,
             in
             regard
             that
             all
             is
             for
             the
             publick
             defence
             ,
             to
             which
             the
             Knights
             are
             bound
             by
             their
             Tenures
             ,
             and
             all
             others
             by
             the
             Law.
             And
             this
             was
             this
             Kingdoms
             case
             in
             the
             Normans
             time
             ,
             that
             both
             Leaders
             and
             Souldiers
             ,
             whether
             by
             election
             of
             the
             people
             ,
             or
             prescription
             ,
             yet
             all
             served
             for
             the
             defence
             of
             the
             Kingdom
             .
             Nor
             were
             they
             compellable
             to
             any
             other
             service
             inconsistent
             therewith
             ,
             nor
             to
             stand
             to
             any
             judgement
             in
             such
             cases
             differing
             from
             ,
             or
             contrary
             to
             that
             of
             the
             Parliament
             it self
             .
          
        
         
           
           
             CHAP.
             LV.
             That
             the
             entry
             of
             the
             Normans
             into
             this
             Island
             ,
             could
             not
             be
             by
             Conquest
             .
          
           
             THat
             in
             point
             of
             fact
             ,
             the
             entry
             of
             the
             Normans
             into
             England
             was
             not
             by
             Conquest
             ,
             will
             sufficiently
             appear
             from
             what
             hath
             been
             already
             noted
             .
             I
             shall
             make
             one
             step
             further
             ,
             and
             shew
             ,
             that
             as
             affairs
             then
             stood
             with
             the
             Conquerour
             ,
             it
             was
             impossible
             for
             him
             to
             merit
             that
             name
             against
             the
             stream
             of
             Providence
             ,
             that
             had
             pre-engaged
             him
             to
             three
             sorts
             of
             men
             ,
             viz.
             the
             Normans
             ,
             the
             Clergie
             ,
             and
             the
             Commons
             of
             England
             .
          
           
             It
             must
             be
             taken
             for
             a
             ground
             ,
             that
             Duke
             William
             must
             give
             all
             fair
             correspondency
             to
             the
             Normans
             ,
             considering
             they
             are
             Members
             of
             his
             own
             Body
             ,
             and
             the
             Arm
             of
             his
             Strength
             ,
             without
             which
             he
             could
             do
             nothing
             .
             And
             it
             is
             not
             less
             certain
             ,
             that
             however
             the
             Sea
             divided
             the
             two
             Countries
             ,
             yet
             long
             before
             the
             arrival
             of
             the
             Army
             ,
             
             the
             Normans
             and
             Saxons
             were
             so
             well
             acquainted
             by
             the
             latter
             access
             of
             the
             Danes
             ,
             that
             partly
             by
             marriage
             and
             other
             interests
             ,
             the
             Normans
             made
             so
             great
             a
             party
             in
             England
             ,
             as
             that
             party
             merited
             no
             less
             from
             the
             Duke
             in
             his
             entrance
             ,
             than
             those
             he
             brought
             with
             him
             :
             And
             therefore
             both
             they
             and
             their
             Allies
             in
             all
             reason
             must
             expect
             such
             reward
             of
             their
             faithfulness
             to
             him
             ,
             as
             the
             other
             had
             ;
             nor
             could
             the
             Duke
             deny
             the
             same
             ,
             unless
             he
             had
             disclaimed
             his
             own
             interests
             ,
             whereof
             he
             had
             none
             to
             spare
             .
             Secondly
             ,
             their
             merit
             from
             the
             Duke
             was
             accompanied
             with
             no
             less
             mutual
             relation
             to
             his
             Army
             ,
             being
             of
             the
             same
             blood
             with
             themselves
             ,
             and
             of
             ancient
             acquaintance
             ;
             and
             as
             impossible
             it
             was
             for
             the
             Duke
             to
             keep
             them
             from
             consociation
             with
             the
             mixed
             people
             ,
             as
             to
             abstract
             the
             mixed
             people
             each
             from
             other
             ;
             one
             or
             both
             of
             which
             must
             be
             done
             ,
             and
             the
             Conquerours
             must
             be
             kept
             from
             incorporating
             with
             the
             conquered
             ,
             or
             else
             the
             Law
             of
             Conquest
             cannot
             hold
             .
             Thirdly
             ,
             if
             these
             two
             had
             failed
             ,
             yet
             had
             the
             Duke
             by
             his
             manner
             of
             rewarding
             his
             Army
             ,
             disabled
             himself
             from
             holding
             ,
             however
             he
             might
             seem
             to
             have
             by
             conquest
             .
             Thus
             was
             his
             gift
             of
             Mannors
             ,
             Lands
             ,
             and
             Franchises
             unto
             his
             Souldiers
             ,
             compleated
             with
             their
             ancient
             Rights
             and
             Priviledges
             in
             free
             service
             ;
             otherwise
             it
             had
             been
             little
             better
             than
             a
             Trap
             to
             bring
             his
             own
             men
             into
             bondage
             ,
             who
             lately
             were
             free
             Souldiers
             under
             no
             better
             than
             a
             Duke
             of
             their
             own
             election
             .
             And
             their
             Government
             in
             their
             own
             Country
             ,
             however
             big
             ,
             yet
             had
             not
             brought
             forth
             a
             Soveraignty
             into
             the
             World
             ;
             their
             Duke
             no
             compleat
             King
             ,
             nor
             themselves
             so
             mean
             as
             Vassals
             ;
             and
             it
             was
             equally
             difficult
             for
             him
             to
             get
             up
             higher
             ,
             as
             for
             them
             to
             stoop
             lower
             .
             And
             however
             ,
             it
             was
             dangerous
             now
             for
             the
             Duke
             to
             try
             masteries
             ,
             unless
             he
             meant
             to
             hazard
             all
             ,
             and
             to
             change
             the
             substance
             for
             the
             shadow
             .
             Lastly
             ,
             to
             lay
             them
             all
             aside
             ,
             and
             to
             take
             the
             Normans
             as
             in
             themselves
             considered
             ,
             a
             People
             under
             such
             Laws
             and
             Customs
             as
             were
             the
             same
             with
             the
             Saxon
             ,
             and
             originally
             in
             them
             ,
             and
             from
             them
             derived
             into
             Normandy
             by
             Rollo
             ,
             or
             some
             other
             ;
             or
             take
             them
             as
             a
             People
             willing
             to
             lay
             aside
             their
             own
             Law
             ,
             as
             some
             Writers
             affirm
             ,
             and
             more
             willing
             to
             take
             up
             the
             Danish
             customs
             ,
             which
             were
             also
             very
             nigh
             akin
             to
             theirs
             ,
             and
             in
             part
             setled
             by
             the
             Danes
             in
             that
             part
             of
             the
             Kingdom
             where
             themselves
             most
             resided
             :
             It
             must
             be
             concluded
             ,
             that
             a
             Government
             by
             
             Law
             was
             intended
             ,
             and
             such
             a
             Law
             that
             was
             no
             way
             cross
             to
             the
             Fundamental
             Laws
             of
             this
             Kingdom
             ,
             but
             concurring
             therewith
             ;
             in
             every
             of
             which
             regards
             ,
             the
             future
             Generations
             may
             justly
             claim
             their
             Immunities
             as
             Successours
             and
             Heirs
             unto
             the
             Normans
             ,
             albeit
             no
             Saxon
             could
             have
             enjoyed
             or
             derived
             the
             same
             to
             Posterity
             .
          
           
             A
             second
             sort
             of
             men
             that
             made
             the
             King
             uncapable
             to
             hold
             by
             Conquest
             ,
             was
             the
             Clergie
             ,
             a
             considerable
             part
             of
             the
             Kingdom
             in
             those
             days
             ,
             whenas
             in
             every
             Nation
             they
             grew
             checkmate
             ;
             and
             in
             this
             Kingdom
             had
             well-nigh
             the
             one
             half
             of
             the
             Knights
             fees
             ,
             and
             thereby
             a
             principal
             part
             of
             the
             strength
             of
             the
             Kingdom
             ,
             besides
             the
             Consciences
             of
             them
             all
             :
             and
             for
             a
             Reserve
             ,
             they
             had
             the
             Pope
             in
             the
             rear
             ,
             whose
             power
             in
             every
             Kingdom
             was
             little
             inferiour
             to
             that
             of
             the
             King
             's
             own
             ,
             and
             therefore
             sufficient
             to
             stop
             an
             absolute
             Conquest
             ,
             unless
             the
             Clergie
             were
             first
             conquered
             .
             But
             the
             King
             came
             in
             upon
             great
             disadvantages
             in
             both
             these
             regards
             :
             for
             whereas
             his
             pretence
             upon
             his
             entry
             was
             to
             advance
             Justice
             principally
             toward
             the
             Clergie
             ,
             who
             formerly
             were
             wronged
             by
             Harold
             ,
             or
             voiced
             so
             to
             be
             ;
             this
             bound
             him
             from
             Injustice
             and
             Oppression
             .
             And
             furthermore
             ,
             the
             Pope
             had
             him
             in
             a
             double
             bond
             ;
             one
             as
             Prince
             of
             the
             
               English
               Clergie
            
             ,
             the
             other
             as
             Judge
             of
             the
             Title
             of
             the
             Crown
             by
             the
             King
             's
             own
             Election
             ;
             and
             that
             by
             Sentence
             :
             for
             the
             King
             had
             merited
             of
             him
             ,
             if
             not
             to
             hold
             the
             Crown
             it self
             by
             Fealty
             to
             the
             Roman
             See
             ,
             yet
             by
             such
             services
             ,
             as
             that
             the
             Tripple-Crown
             should
             be
             no
             loser
             .
             The
             King
             therefore
             must
             resolve
             to
             have
             no
             more
             to
             do
             with
             the
             Church
             than
             will
             stand
             with
             the
             Pope's
             liking
             ,
             unless
             he
             meaned
             to
             adventure
             himself
             and
             all
             he
             had
             into
             the
             danger
             of
             the
             great
             Curse
             ,
             of
             which
             the
             King
             would
             seem
             more
             sensible
             than
             perhaps
             he
             was
             .
             Nor
             were
             those
             times
             of
             the
             Church
             so
             moderate
             ,
             as
             to
             bring
             forth
             Church-men
             that
             would
             catch
             the
             good
             will
             of
             the
             Laity
             by
             condescention
             ;
             or
             Popes
             of
             that
             height
             of
             perfection
             ,
             as
             to
             part
             with
             one
             tittle
             of
             their
             great
             Titles
             ,
             much
             less
             ought
             of
             that
             pitch
             of
             power
             which
             they
             had
             griped
             ,
             though
             it
             would
             save
             the
             World
             from
             Ruine
             .
             In
             all
             which
             regards
             ,
             the
             Norman
             Duke
             was
             too
             far
             inferiour
             to
             attain
             by
             Conquest
             any
             thing
             in
             this
             Kingdom
             ,
             wherein
             the
             Pope
             or
             Clergie
             claimed
             ought
             to
             have
             or
             do
             .
          
           
             A
             third
             sort
             of
             People
             avoided
             the
             dint
             of
             Conquest
             ,
             either
             by
             timely
             siding
             with
             the
             Norman
             ,
             or
             by
             constant
             resisting
             of
             him
             ,
             or
             by
             neutrality
             .
             Of
             the
             first
             sort
             were
             many
             ,
             both
             Lords
             and
             others
             ,
             that
             by
             affinity
             and
             consanguinity
             were
             become
             
             English-men
             to
             the
             Norman
             use
             ;
             
             others
             were
             purchased
             thereunto
             by
             the
             Clergie
             ,
             that
             were
             zealous
             for
             the
             Pope's
             honour
             ,
             that
             was
             engaged
             in
             the
             Work.
             Of
             those
             likewise
             that
             were
             resolute
             in
             the
             defence
             of
             the
             Liberty
             of
             their
             Country
             ,
             
             there
             were
             not
             a
             few
             that
             purchased
             their
             Liberty
             ,
             who
             otherwise
             might
             under
             pretence
             of
             Treachery
             have
             forfeited
             the
             same
             to
             the
             rapacious
             humour
             of
             the
             Conquerour
             .
             And
             this
             was
             not
             done
             onely
             by
             Valour
             ;
             for
             Normandy
             stood
             in
             a
             tottering
             condition
             with
             their
             Duke
             ,
             partly
             drawn
             away
             by
             the
             French
             ,
             that
             feared
             the
             Duke
             would
             be
             too
             strong
             for
             them
             ;
             and
             partly
             declining
             their
             own
             further
             aid
             ,
             lest
             their
             Duke
             should
             be
             too
             great
             for
             the
             Dutchy
             .
             It
             was
             therefore
             wisdom
             in
             the
             Conquerour
             to
             settle
             the
             English
             aflairs
             in
             the
             fairest
             way
             ,
             to
             gain
             them
             for
             himself
             ,
             who
             had
             been
             so
             brave
             against
             him
             .
             But
             the
             greatest
             number
             ,
             especially
             of
             the
             Commons
             ,
             looked
             on
             while
             the
             game
             was
             playing
             ,
             as
             contented
             with
             the
             cast
             of
             the
             Dice
             ,
             whatever
             it
             should
             be
             .
             These
             were
             afterwards
             by
             the
             King
             looked
             upon
             ,
             not
             as
             Enemies
             (
             as
             the
             president
             of
             Edwin
             of
             Sharneburn
             witnesseth
             sufficiently
             )
             but
             such
             as
             either
             were
             ,
             
             or
             by
             fair
             carriage
             would
             be
             made
             
             his
             friends
             ;
             and
             therefore
             he
             concluded
             them
             under
             a
             Law
             of
             assurance
             ,
             that
             they
             that
             had
             been
             so
             peaceable
             ,
             should
             have
             and
             enjoy
             their
             Lands
             as
             entirely
             and
             peaceably
             as
             they
             had
             formerly
             done
             before
             his
             entry
             .
             To
             conclude
             therefore
             this
             point
             ;
             if
             these
             three
             parties
             of
             the
             
               English
               Normans
            
             ,
             the
             
               English
               Clergie
            
             ,
             the
             
               stout
               English
            
             ,
             and
             the
             
               peaceable
               English
            
             ,
             be
             set
             aside
             from
             the
             Title
             of
             Conquest
             ,
             it
             will
             be
             probable
             that
             not
             one
             tenth
             part
             of
             the
             Kingdom
             were
             ever
             under
             other
             change
             than
             of
             the
             Governour
             's
             own
             person
             .
          
        
         
           
             CHAP.
             LVI
             .
             A
             brief
             Survey
             of
             the
             sence
             of
             Writers
             concernign
             the
             point
             of
             Conquest
             .
          
           
             THE
             clamours
             in
             story
             that
             the
             
               Conquerour
               altered
               and
               made
               Laws
               at
               pleasure
               ,
               brought
               in
               new
               Customs
               ,
               molested
               the
               Persons
               and
               Estates
               of
               the
               People
               with
               Depopulations
               ,
               Extortions
               ,
               and
               Oppressions
               ,
            
             and
             others
             of
             that
             nature
             ,
             have
             made
             latter
             times
             to
             conclude
             his
             Government
             to
             be
             (
             as
             of
             a
             Conquerour
             )
             meerly
             arbitrary
             ,
             and
             that
             he
             did
             what
             he
             list
             .
             How
             different
             this
             conclusion
             is
             from
             the
             intent
             of
             those
             Writers
             ,
             I
             know
             not
             ;
             but
             if
             the
             King's
             Title
             and
             Government
             was
             as
             a
             Conquerour
             ,
             then
             was
             his
             Will
             the
             onely
             Law
             ,
             and
             can
             administer
             no
             cause
             of
             complaint
             of
             wrong
             and
             oppression
             :
             and
             therefore
             if
             these
             be
             taken
             in
             nature
             of
             complaints
             ,
             they
             declare
             plainly
             that
             there
             was
             a
             Law
             in
             Title
             ,
             or
             else
             there
             could
             have
             been
             no
             transgression
             or
             cause
             to
             complain
             .
             But
             if
             the
             Reader
             shall
             apprehend
             these
             passages
             in
             Writers
             to
             be
             no
             other
             than
             sober
             Relations
             ,
             then
             were
             it
             not
             amiss
             to
             consider
             from
             what
             sort
             of
             men
             these
             Complaints
             or
             Relations
             do
             proceed
             ,
             viz.
             from
             Writers
             that
             have
             been
             cloystered
             men
             ,
             little
             seen
             in
             affairs
             of
             State
             more
             than
             by
             common
             report
             and
             rumour
             ;
             prejudiced
             by
             the
             King's
             displeasure
             against
             their
             Cloysters
             ,
             and
             therefore
             apprehensive
             of
             matters
             in
             the
             saddest
             sence
             ,
             and
             many
             times
             far
             beyond
             the
             truth
             ,
             and
             might
             as
             well
             be
             supposed
             to
             mis-relate
             ,
             as
             to
             mistake
             .
             For
             if
             we
             shall
             
             touch
             upon
             particulars
             ,
             I
             think
             no
             man
             will
             deny
             but
             the
             King
             allowed
             property
             indifferently
             ,
             as
             well
             to
             Normans
             as
             English
             ,
             if
             the
             premises
             be
             rightly
             considered
             :
             and
             therefore
             though
             somewhat
             be
             true
             of
             the
             plundering
             of
             houses
             of
             Religion
             ,
             persecuting
             of
             the
             English
             Nobility
             ,
             deposing
             of
             Bishops
             and
             Abbots
             ,
             whereof
             they
             speak
             ;
             yet
             all
             might
             be
             deservedly
             done
             in
             a
             legal
             way
             ,
             and
             in
             execution
             of
             Justice
             ,
             whereof
             Histories
             are
             not
             altogether
             silent
             .
             Nevertheless
             ,
             if
             in
             the
             prosecution
             the
             King
             did
             shew
             a
             kind
             of
             rage
             ,
             and
             some
             rashness
             ,
             it
             might
             be
             imputed
             to
             the
             common
             infirmity
             of
             great
             men
             :
             for
             as
             Oppression
             upon
             those
             that
             are
             inferiour
             ,
             makes
             them
             mad
             ,
             so
             doth
             Treachery
             against
             them
             that
             are
             superiour
             make
             them
             little
             other
             ;
             especially
             if
             they
             be
             overtaken
             with
             a
             fit
             of
             passion
             in
             the
             instant
             ,
             or
             their
             minds
             wrapped
             into
             a
             whirlpool
             of
             affairs
             .
          
           
             But
             the
             
               change
               of
               Laws
            
             makes
             the
             greater
             noise
             ;
             wherein
             what
             change
             
             they
             suffered
             ,
             may
             appear
             from
             the
             premises
             ,
             if
             Writers
             have
             dealt
             uprightly
             ;
             otherwise
             general
             imputations
             without
             particular
             instances
             ,
             will
             never
             sway
             Opinion
             contrary
             to
             the
             current
             of
             the
             Laws
             that
             are
             published
             ;
             especially
             seeing
             we
             have
             observed
             the
             errour
             of
             the
             best
             Historian
             of
             those
             
             times
             ,
             in
             calling
             those
             things
             new
             ,
             which
             were
             anciently
             used
             in
             England
             ,
             before
             Normandy
             was
             in
             a
             condition
             of
             a
             State.
             Yet
             if
             this
             should
             be
             granted
             ,
             and
             that
             there
             were
             such
             change
             of
             Laws
             as
             is
             pretended
             ,
             it
             makes
             nothing
             to
             the
             point
             of
             Conquest
             ,
             so
             long
             as
             the
             new
             Laws
             are
             made
             by
             advice
             of
             Common-council
             ,
             and
             for
             the
             common
             good
             ;
             and
             so
             long
             as
             they
             are
             established
             to
             be
             Rules
             for
             Government
             .
             I
             remember
             it
             is
             affirmed
             by
             some
             of
             those
             ancient
             Writers
             ,
             That
             the
             Duke
             or
             King
             would
             have
             brought
             in
             the
             Customs
             of
             Norway
             ,
             but
             the
             earnest
             Mediation
             of
             the
             English
             prevailed
             against
             it
             :
             and
             this
             evinceth
             two
             things
             to
             my
             opinion
             :
             First
             ,
             that
             there
             was
             question
             made
             what
             Law
             should
             be
             established
             .
             Secondly
             ,
             that
             notwithstanding
             the
             interest
             that
             the
             Normans
             had
             in
             the
             Kingdom
             ,
             they
             could
             not
             prevail
             to
             bring
             in
             the
             whole
             body
             of
             their
             Law
             ,
             or
             of
             the
             Customs
             of
             Norway
             ;
             which
             were
             not
             onely
             the
             
               prima
               materia
            
             of
             their
             Law
             ,
             but
             also
             in
             kind
             had
             a
             setling
             at
             that
             very
             time
             in
             those
             places
             of
             this
             Kingdom
             where
             the
             Danes
             had
             their
             principal
             seat
             :
             and
             therefore
             not
             altogether
             strange
             to
             the
             Saxons
             themselves
             .
             The
             sum
             of
             which
             will
             be
             this
             ,
             That
             upon
             debate
             a
             Law
             must
             be
             setled
             ,
             and
             that
             not
             the
             Law
             of
             the
             Conquerour's
             own
             Will
             ,
             nor
             the
             Law
             that
             suits
             with
             his
             Desire
             ;
             but
             the
             ancient
             Law
             of
             the
             Kingdom
             :
             And
             therefore
             if
             at
             any
             time
             the
             unquietness
             of
             some
             of
             the
             English
             brought
             the
             King
             to
             some
             thoughts
             of
             Arbitrary
             Rule
             ,
             and
             to
             shake
             off
             the
             clog
             of
             the
             Saxon
             Law
             ,
             it
             was
             long
             e're
             it
             stirred
             ,
             and
             sprang
             up
             too
             late
             to
             raise
             the
             Title
             of
             Conquest
             ,
             and
             withered
             too
             soon
             to
             settle
             it
             .
          
           
             As
             touching
             the
             
               change
               of
               Customs
            
             (
             for
             that
             also
             is
             imputed
             to
             the
             Conquerour
             )
             it
             cannot
             be
             denied
             but
             some
             alteration
             might
             be
             in
             matters
             of
             smaller
             consideration
             ;
             yet
             are
             the
             Writers
             not
             without
             mistake
             in
             the
             particular
             instances
             :
             For
             whereas
             they
             tell
             us
             that
             the
             Conquerour
             took
             away
             the
             custom
             of
             Gavel-kind
             ,
             and
             brought
             the
             custom
             of
             discent
             to
             the
             eldest
             Son
             ;
             and
             that
             Kent
             saved
             their
             Liberties
             ,
             and
             continued
             this
             custom
             of
             Gavel-kind
             :
             I
             shall
             not
             contend
             about
             the
             Liberties
             of
             Kent
             ,
             but
             must
             ,
             till
             I
             see
             better
             reason
             ,
             hold
             the
             opinion
             of
             the
             change
             of
             Inheritance
             to
             be
             a
             meer
             conceit
             .
             For
             (
             besides
             what
             hath
             been
             already
             said
             concerning
             that
             custom
             of
             
               Gavel
               kind
            
             )
             if
             we
             believe
             Glanvil
             ,
             the
             difference
             was
             between
             Lands
             holden
             by
             Knight's-service
             ,
             and
             in
             Socage
             ;
             the
             first
             of
             which
             in
             his
             time
             ,
             
             by
             ancient
             custom
             ,
             always
             descended
             to
             the
             eldest
             :
             and
             those
             Lands
             that
             were
             holden
             in
             Socage
             (
             if
             not
             partible
             by
             custom
             ,
             in
             which
             case
             they
             went
             equally
             to
             all
             the
             Sons
             )
             went
             by
             custom
             in
             some
             places
             to
             the
             eldest
             ,
             in
             other
             places
             to
             the
             youngest
             ;
             so
             as
             the
             Rule
             of
             Inheritance
             in
             the
             Norman
             times
             was
             custom
             ,
             as
             well
             as
             in
             former
             times
             .
             And
             furthermore
             ,
             if
             the
             custom
             of
             Gavel-kind
             had
             been
             the
             general
             custom
             of
             this
             Nation
             ,
             the
             King
             by
             his
             change
             had
             contradicted
             his
             own
             Prerogative
             ,
             and
             granted
             as
             great
             a
             Liberty
             to
             his
             Subjects
             as
             could
             have
             been
             invented
             :
             For
             had
             the
             custom
             of
             Gavel-kind
             happened
             upon
             the
             Lands
             in
             Knight-service
             ,
             it
             had
             brought
             all
             the
             Sons
             under
             the
             Law
             of
             Wardship
             ,
             and
             had
             made
             a
             ready
             way
             to
             enthral
             all
             men
             of
             Worth
             ,
             and
             undo
             all
             Husbandry
             ;
             the
             first
             whereof
             had
             been
             as
             advantageous
             to
             the
             King
             's
             private
             interest
             ,
             as
             both
             destructive
             to
             the
             publick
             .
          
           
             Nor
             is
             it
             clear
             from
             any
             Author
             of
             credit
             ,
             that
             the
             Normans
             changed
             the
             
             
               Tenures
               of
               Lands
            
             ;
             albeit
             that
             it
             cannot
             be
             denied
             but
             such
             Lands
             as
             he
             had
             by
             forfeiture
             ,
             or
             otherwise
             ,
             were
             in
             his
             own
             power
             to
             dispose
             upon
             what
             Tenure
             he
             pleased
             :
             for
             as
             well
             before
             the
             Normans
             time
             ,
             as
             long
             after
             ,
             Tenures
             were
             like
             as
             the
             Services
             were
             ,
             all
             at
             the
             Will
             of
             the
             Donor
             ;
             and
             were
             of
             as
             many
             Individuals
             almost
             as
             the
             minds
             of
             the
             Owners
             .
             
             Some
             being
             of
             more
             general
             regard
             and
             publick
             use
             ,
             are
             recorded
             amongst
             the
             grounds
             of
             English
             Laws
             ;
             
             none
             of
             which
             appear
             to
             me
             to
             be
             of
             Norman
             original
             ,
             although
             they
             received
             their
             names
             according
             to
             that
             Dialect
             .
          
           
             The
             next
             thing
             objected
             ,
             is
             the
             
               change
               of
               Language
            
             ;
             which
             thing
             ,
             some
             
             Writers
             tell
             us
             ,
             the
             King
             endeavoured
             ;
             or
             which
             is
             worse
             ,
             to
             be
             so
             absolute
             ,
             as
             to
             be
             absolute
             Tyrant
             ,
             and
             to
             publish
             Laws
             in
             a
             foreign
             Language
             ,
             that
             the
             people
             through
             ignorance
             might
             the
             rather
             transgress
             ,
             and
             thereby
             forfeit
             their
             Estates
             .
             This
             (
             if
             true
             )
             so
             sar
             differed
             from
             the
             nature
             of
             a
             Conquerour
             ,
             as
             rather
             proveth
             that
             he
             was
             put
             to
             his
             shifts
             .
             Nevertheless
             ,
             the
             thing
             tasteth
             so
             much
             of
             Spleen
             ,
             as
             it
             might
             occasion
             distrust
             of
             other
             relations
             concerning
             this
             subject
             .
             For
             besides
             that
             it
             is
             nonsence
             for
             a
             Conqueror
             to
             entitle
             himself
             by
             a
             cheat
             ,
             where
             he
             hath
             an
             elder
             Title
             by
             Conquest
             ;
             I
             shall
             in
             full
             answer
             to
             that
             calumny
             ,
             insert
             a
             passage
             of
             an
             Historian
             that
             was
             in
             the
             continual
             view
             of
             publick
             affairs
             in
             those
             times
             ,
             who
             speaking
             of
             the
             Conqueror
             ,
             
             saith
             ,
             
               That
               he
               commended
               the
               Confessor's
               Laws
               to
               his
               Justices
               ,
               in
               the
               same
               Language
               wherein
               they
               were
               wont
               formerly
               to
               be
               written
               ,
               lest
               through
               ignorance
               the
               people
               might
               rashly
               offend
               .
            
             And
             another
             Author
             saith
             ,
             
             
               That
               the
               King
               had
               a
               desire
               to
               learn
               the
               English
               Tongue
               ,
               that
               he
               might
               the
               better
               know
               their
               Law
               ,
               and
               judge
               according
               thereto
               .
            
             It
             is
             probable
             nevertheless
             ,
             that
             the
             Laws
             were
             in
             the
             Norman
             Tongue
             ;
             and
             it
             is
             no
             less
             likely
             that
             the
             Pleadings
             ,
             in
             
               real
               Actions
            
             especially
             ,
             were
             also
             in
             the
             same
             Language
             ;
             else
             must
             the
             Normans
             be
             put
             to
             School
             to
             learn
             English
             ,
             upon
             peril
             of
             loss
             of
             their
             Estates
             .
             But
             that
             either
             the
             written
             Laws
             were
             wholly
             concluded
             into
             the
             Norman
             Tongue
             ,
             or
             that
             the
             publick
             pleading
             of
             Causes
             by
             word
             of
             mouth
             in
             all
             Actions
             where
             the
             issue
             was
             left
             to
             the
             Country
             ,
             were
             in
             any
             other
             Language
             than
             English
             ,
             no
             advised
             Reader
             will
             conceive
             :
             seeing
             it
             had
             been
             a
             madness
             for
             an
             English
             Jury
             to
             pass
             their
             Verdict
             in
             any
             case
             wherein
             it
             is
             likely
             many
             of
             them
             understood
             scarce
             a
             syllable
             of
             the
             Norman
             Language
             ,
             much
             less
             ought
             of
             the
             matter
             upon
             which
             their
             Verdict
             should
             be
             grounded
             .
             Adde
             hereunto
             ,
             that
             it
             is
             not
             likely
             but
             the
             Conquerour
             inhibited
             the
             use
             of
             the
             English
             Language
             in
             all
             matters
             of
             publick
             Record
             ,
             inasmuch
             as
             the
             Charters
             made
             by
             him
             to
             corporate
             Towns
             and
             Franchises
             ,
             were
             sometimes
             in
             the
             Saxon
             ,
             more
             generally
             in
             the
             Latine
             ,
             but
             seldom
             or
             never
             in
             the
             Norman
             Dialect
             ;
             and
             that
             Pleadings
             and
             Indictments
             were
             entred
             in
             like
             manner
             in
             the
             Latine
             Tongue
             ,
             as
             formerly
             by
             an
             old
             custom
             brought
             in
             by
             the
             Clergie
             was
             used
             :
             for
             the
             Clergie
             ,
             who
             had
             gotten
             the
             Key
             of
             Knowledge
             and
             Law
             into
             their
             own
             custody
             ,
             laid
             it
             up
             it
             that
             Language
             whereof
             the
             Commons
             had
             little
             knowledge
             ,
             that
             they
             might
             thereby
             be
             enforced
             to
             depend
             upon
             these
             men
             for
             Justice
             ,
             as
             well
             as
             for
             Piety
             .
             The
             Normans
             therefore
             either
             found
             it
             too
             hard
             to
             alter
             the
             former
             custom
             in
             such
             cases
             ,
             or
             else
             thought
             it
             the
             wisest
             way
             to
             chuse
             the
             Latine
             as
             a
             third
             Language
             ,
             indifferent
             as
             well
             to
             the
             Normans
             as
             Saxons
             ,
             and
             best
             understood
             of
             any
             foreign
             Tongue
             besides
             :
             and
             yet
             endeavoured
             to
             bring
             both
             Peoples
             into
             one
             Language
             ,
             as
             they
             were
             intended
             to
             be
             one
             People
             ;
             and
             to
             press
             the
             use
             of
             the
             Norman
             Tongue
             in
             publick
             affairs
             ,
             so
             far
             as
             might
             consist
             with
             good
             Government
             and
             Justice
             ,
             leaving
             time
             and
             occasion
             to
             work
             the
             issue
             ;
             which
             doubtless
             was
             much
             ,
             and
             had
             been
             more
             ,
             had
             the
             Norman
             Race
             continued
             in
             the
             Throne
             .
             But
             falling
             out
             otherwise
             ,
             the
             English
             bloud
             prevailed
             in
             the
             head
             ,
             and
             the
             Language
             continued
             possession
             ,
             mixed
             onely
             with
             some
             Norman
             words
             ,
             as
             the
             people
             also
             were
             a
             mixed
             people
             :
             So
             as
             the
             Language
             was
             not
             changed
             ,
             though
             it
             was
             altered
             .
          
           
           
             
             Lastly
             ,
             it
             is
             affirmed
             ,
             that
             the
             Normans
             did
             impose
             a
             new
             custom
             called
             Coverfeu
             ;
             and
             it
             is
             thought
             by
             some
             to
             be
             a
             meer
             Vassalage
             ,
             that
             every
             man
             at
             the
             noise
             of
             the
             Bell
             every
             night
             ,
             must
             put
             out
             both
             Fire
             and
             Candle
             ;
             and
             yet
             it
             is
             a
             matter
             of
             so
             small
             concernment
             ,
             that
             (
             being
             in
             its
             own
             nature
             convenient
             )
             Scotland
             received
             it
             without
             such
             coercion
             :
             and
             it
             can
             be
             reputed
             for
             no
             other
             than
             a
             seasonable
             advice
             ,
             which
             any
             Corporation
             in
             time
             of
             danger
             might
             order
             within
             their
             own
             Precinct
             ,
             without
             transgressing
             the
             Liberty
             of
             the
             Subjects
             .
             Of
             less
             consequence
             is
             that
             change
             ,
             which
             is
             alledged
             was
             brought
             in
             by
             the
             Normans
             in
             the
             
               sealing
               of
               Deeds
            
             of
             Conveyance
             ,
             by
             setting
             a
             print
             upon
             Wax
             annexed
             to
             the
             Deed
             ,
             which
             formerly
             was
             wont
             to
             be
             by
             setting
             a
             print
             upon
             the
             blank
             at
             the
             end
             of
             the
             Deed
             ;
             and
             yet
             it
             is
             looked
             upon
             by
             some
             as
             a
             Trophy
             of
             Conquest
             or
             absolute
             Government
             .
             Concerning
             which
             ,
             I
             will
             not
             dispute
             whether
             the
             Normans
             first
             brought
             in
             this
             course
             ,
             but
             shall
             rest
             in
             this
             ,
             That
             the
             King
             being
             about
             to
             compleat
             the
             unity
             of
             the
             Laws
             in
             the
             superstructure
             as
             well
             as
             in
             the
             fundamentals
             ,
             if
             herein
             and
             in
             some
             other
             particulars
             the
             English
             submitted
             to
             the
             Normans
             ,
             they
             likewise
             stooped
             to
             the
             English
             Law
             in
             other
             things
             :
             And
             therefore
             such
             Concurrences
             ought
             not
             to
             be
             imputed
             unto
             a
             conquering
             power
             ,
             but
             unto
             moderation
             amongst
             a
             company
             of
             wise
             men
             .
          
           
             Thus
             having
             glanced
             at
             the
             changes
             of
             Property
             ,
             Laws
             ,
             Tenures
             ,
             Language
             ,
             and
             some
             Customs
             ,
             we
             come
             to
             that
             which
             is
             the
             main
             occasion
             of
             all
             these
             Complaints
             ;
             I
             mean
             ,
             
               unlawful
               Taxes
               ,
               Afforrestings
            
             ,
             and
             other
             such
             Oppressions
             upon
             the
             Estates
             of
             the
             People
             :
             concerning
             which
             I
             purpose
             not
             to
             contend
             ;
             for
             much
             thereof
             is
             like
             to
             be
             true
             .
             The
             Norman
             Kings
             (
             especially
             the
             two
             Williams
             )
             were
             under
             continual
             occasion
             of
             Expence
             ,
             many
             Wars
             ,
             more
             Provocations
             ,
             which
             kept
             them
             ever
             in
             Action
             ,
             and
             that
             wrought
             their
             spirits
             into
             an
             immoderate
             heat
             ,
             little
             inferiour
             unto
             Rage
             ;
             and
             so
             they
             might
             soon
             out-reach
             their
             bounds
             ,
             and
             sit
             heavie
             on
             the
             People
             :
             and
             in
             such
             occasions
             no
             man
             escaped
             ,
             Norman
             nor
             
               English
               ,
               Clergie-man
            
             nor
             Lay-man
             ;
             nor
             did
             the
             Kings
             themselves
             come
             off
             such
             gainers
             ,
             but
             that
             they
             might
             sometimes
             put
             up
             their
             gettings
             into
             their
             own
             eyes
             ,
             and
             see
             never
             a
             whit
             the
             worse
             .
             And
             yet
             to
             do
             them
             right
             ,
             they
             were
             not
             always
             of
             such
             sad
             influence
             ,
             but
             had
             their
             
               lucida
               intervalla
            
             ;
             especially
             he
             that
             had
             the
             least
             cause
             ,
             I
             mean
             the
             Conquerour
             ,
             who
             certainly
             was
             a
             man
             of
             a
             serious
             regard
             ;
             and
             did
             not
             onely
             remit
             sometimes
             his
             Rigour
             in
             exacting
             where
             he
             ought
             not
             ,
             but
             also
             forbear
             to
             require
             that
             which
             he
             had
             some
             colour
             to
             demand
             :
             For
             whereas
             the
             Dane-guelt
             was
             left
             unto
             him
             in
             the
             nature
             of
             an
             Annuity
             ,
             he
             was
             contented
             to
             turn
             it
             into
             a
             sum
             in
             gross
             ,
             and
             to
             demand
             it
             onely
             
               Cum
               ab
               exteris
               gentibus
               bella
               vel
               opiniones
               bellorum
               insurgebant
            
             ;
             
             and
             it
             was
             then
             done
             
               consultis
               magnatibus
            
             .
             These
             things
             thus
             considered
             ,
             might
             have
             mollified
             somewhat
             the
             Pens
             of
             angry
             Writers
             ;
             and
             where
             they
             fail
             ,
             may
             be
             caution
             to
             Readers
             to
             consider
             occasions
             and
             dispositions
             of
             Princes
             ;
             and
             so
             long
             as
             Laws
             hold
             in
             Title
             ,
             to
             construe
             the
             irregularities
             of
             Princes
             to
             be
             but
             as
             steps
             out
             of
             the
             path
             to
             avoid
             a
             little
             dirt
             ,
             that
             a
             man
             may
             get
             home
             the
             more
             cleanly
             ;
             and
             therefore
             rightly
             can
             derive
             no
             other
             Title
             of
             absolute
             Soveraignty
             to
             their
             successours
             ,
             than
             to
             hold
             by
             infirmity
             .
             And
             thus
             the
             Government
             under
             the
             Normans
             ,
             at
             the
             worst
             ,
             was
             but
             like
             that
             of
             childhood
             ,
             following
             sudden
             and
             present
             desires
             ,
             not
             wise
             enough
             to
             plot
             for
             absolute
             Monarchy
             ,
             nor
             to
             keep
             off
             a
             Polity
             ,
             which
             still
             rooted
             underneath
             ;
             though
             the
             fruit
             ,
             while
             it
             was
             now
             green
             ,
             was
             harsh
             and
             unpleasant
             .
          
           
             I
             shall
             conclude
             this
             Norman
             Discourse
             with
             this
             Advertisement
             :
             That
             
             notwithstanding
             the
             words
             Conquerour
             and
             Conquest
             have
             often
             fallen
             from
             my
             Pen
             ,
             and
             hereafter
             may
             do
             the
             like
             ;
             yet
             can
             I
             see
             no
             reason
             why
             divers
             succeeding
             Kings
             ,
             coming
             to
             the
             Crown
             by
             argument
             of
             the
             Sword
             ,
             and
             not
             by
             right
             of
             Descent
             ,
             may
             not
             deserve
             the
             Laurel
             as
             well
             as
             the
             first
             Norman
             King
             ;
             onely
             because
             Fame
             hath
             fancied
             him
             that
             Title
             ,
             under
             a
             kind
             of
             prescription
             ,
             I
             do
             the
             like
             .
          
        
         
           
             CHAP.
             LVII
             .
             Of
             the
             Government
             during
             the
             Reigns
             of
             Steven
             ,
             Henry
             the
             2.
             
             Richard
             the
             1.
             and
             John.
             And
             first
             of
             their
             Titles
             to
             the
             Crown
             ,
             and
             dispositions
             in
             Government
             .
          
           
             I
             Have
             cut
             out
             this
             Portion
             of
             One
             hundred
             twenty
             and
             five
             years
             (
             containing
             the
             Reigns
             of
             these
             Kings
             )
             apart
             from
             their
             Successours
             ,
             in
             regard
             of
             their
             Titles
             ;
             all
             of
             them
             being
             under
             one
             general
             Climate
             ,
             and
             breathing
             one
             air
             of
             Election
             and
             Compact
             between
             them
             and
             the
             People
             .
             Now
             was
             the
             Issue
             male
             of
             the
             Stock
             of
             Normandy
             quite
             wasted
             ▪
             I
             mean
             ,
             in
             relation
             to
             succession
             by
             inheritance
             :
             for
             although
             it
             was
             the
             lot
             of
             Henry
             the
             first
             to
             have
             many
             Children
             ,
             yet
             it
             was
             not
             his
             happiness
             to
             have
             many
             Lineal
             ,
             nor
             to
             hold
             what
             he
             had
             ;
             nor
             of
             them
             all
             was
             there
             left
             above
             one
             that
             might
             pretend
             to
             the
             Crown
             ,
             and
             it
             a
             Daughter
             ,
             who
             was
             the
             great
             Grandmother
             to
             all
             the
             succeeding
             Kings
             till
             this
             day
             .
             
             Onely
             King
             Steven
             ,
             like
             an
             unruly
             Ghost
             ,
             coming
             in
             upon
             the
             Stage
             ,
             troubled
             the
             Play
             during
             his
             time
             .
             This
             Daughter
             of
             Henry
             the
             first
             was
             married
             to
             the
             Emperour
             Henry
             the
             fourth
             :
             and
             surviving
             him
             ,
             was
             in
             her
             Father's
             life-time
             acknowledged
             to
             be
             his
             Heir
             ,
             the
             Sea
             having
             formerly
             swallowed
             up
             the
             remainder
             of
             his
             hope
             :
             Unto
             her
             the
             Lords
             sware
             Fealty
             ,
             as
             to
             the
             next
             Successour
             in
             the
             Throne
             after
             the
             decease
             of
             her
             Father
             ;
             being
             led
             thereto
             by
             the
             instigation
             of
             her
             Father
             ,
             whose
             Conscience
             told
             him
             ,
             that
             the
             Title
             to
             the
             Crown
             by
             inheritance
             was
             weakned
             by
             his
             own
             precedent
             ,
             himself
             coming
             to
             the
             same
             by
             Election
             of
             the
             People
             ,
             contrary
             to
             the
             Title
             of
             his
             Brother
             Robert.
             Nevertheless
             ,
             this
             was
             not
             the
             first
             time
             that
             the
             English
             Crown
             refused
             to
             be
             worn
             by
             practice
             ;
             for
             Henry
             the
             first
             being
             dead
             ,
             Steven
             ,
             the
             younger
             Son
             to
             a
             younger
             Sister
             of
             Henry
             the
             first
             ,
             put
             up
             head
             ;
             who
             being
             of
             the
             Royal
             Stem
             ,
             a
             Man
             ,
             and
             a
             brave
             Souldier
             ,
             by
             the
             ancient
             course
             of
             the
             Saxons
             ,
             had
             Title
             enough
             to
             be
             thought
             upon
             in
             a
             doubtful
             Succession
             .
             Besides
             ,
             he
             was
             a
             rich
             man
             ,
             and
             had
             enough
             to
             raise
             up
             his
             thoughts
             to
             high
             undertakings
             ;
             had
             a
             Brother
             a
             Bishop
             and
             Legate
             to
             the
             Pope
             here
             in
             England
             ,
             one
             who
             was
             of
             a
             high
             spirit
             ,
             and
             vast
             power
             ;
             advantages
             enough
             to
             have
             quickned
             a
             much
             duller
             spirit
             than
             his
             was
             ,
             who
             was
             a
             Son
             of
             a
             Daughter
             to
             William
             the
             Conquerour
             .
             And
             to
             make
             him
             yet
             more
             bold
             ,
             he
             had
             the
             upper
             ground
             of
             the
             Heir
             ,
             who
             was
             a
             woman
             ,
             disadvantaged
             by
             a
             whispering
             of
             wilfulness
             ,
             and
             customary
             Government
             like
             an
             Empress
             :
             which
             was
             too
             high
             a
             sail
             for
             an
             English
             bottom
             ,
             wherein
             so
             precious
             a
             Treasure
             as
             the
             Subjects
             Liberties
             was
             to
             be
             shipped
             .
             Thus
             provided
             ,
             Steven
             stepped
             up
             to
             the
             English
             Throne
             ,
             and
             with
             protestations
             of
             good
             Government
             ,
             entred
             ,
             and
             made
             up
             the
             match
             both
             for
             Crown
             and
             Scepter
             ,
             the
             People
             waving
             the
             Title
             both
             of
             Empress
             
             and
             Heir
             .
             The
             pretensions
             of
             the
             E.
             of
             Bloys
             elder
             Brother
             to
             Steven
             ,
             gave
             way
             to
             the
             common
             Law
             and
             Liberties
             of
             the
             Subject
             ,
             to
             fasten
             ,
             root
             ,
             and
             gather
             strength
             ,
             after
             the
             violence
             of
             the
             Norman
             blasts
             was
             out
             of
             breath
             ;
             thus
             making
             way
             over
             Hedge
             and
             Ditch
             of
             all
             Oaths
             ,
             till
             the
             King
             was
             quietly
             setled
             in
             the
             Throne
             .
          
           
             Quietly
             ,
             said
             I
             ?
             that
             I
             must
             retract
             ;
             for
             he
             never
             had
             quiet
             during
             his
             life
             ,
             though
             generally
             he
             was
             victorious
             ,
             and
             did
             as
             much
             as
             a
             King
             could
             do
             ,
             that
             had
             the
             passions
             of
             a
             man
             and
             Souldier
             ,
             to
             give
             the
             Subjects
             content
             .
             The
             true
             cause
             whereof
             ,
             was
             an
             errour
             in
             the
             tying
             of
             the
             Knot
             ,
             wherein
             he
             neither
             became
             theirs
             ,
             nor
             they
             his
             ;
             for
             the
             Fealty
             that
             was
             sworn
             to
             him
             ,
             was
             but
             conditional
             ,
             and
             eousque
             :
             and
             yet
             the
             King's
             promises
             were
             absolute
             ,
             and
             better
             observed
             than
             the
             Peoples
             were
             ,
             possibly
             because
             his
             Engagements
             were
             more
             .
             For
             besides
             his
             Protestations
             ,
             the
             King
             pledged
             his
             Brother
             the
             Legate
             to
             the
             people
             ,
             and
             mortgaged
             himself
             to
             his
             Brother
             ;
             and
             to
             boot
             ,
             gave
             both
             to
             the
             Clergie
             and
             Barons
             liberty
             to
             build
             and
             hold
             Castles
             for
             their
             private
             security
             :
             The
             issue
             whereof
             may
             remind
             ,
             that
             too
             much
             countersecurity
             from
             the
             King
             to
             the
             people
             ,
             is
             like
             so
             many
             Covenants
             in
             Marriage
             ,
             that
             make
             room
             for
             jealousie
             ,
             and
             are
             but
             seeds
             of
             an
             unquiet
             life
             .
             And
             thus
             it
             befel
             this
             King's
             Reign
             .
             His
             first
             troubles
             are
             brought
             in
             by
             Historians
             ,
             as
             if
             they
             dropped
             from
             Heaven
             ,
             yet
             probably
             came
             immediately
             from
             without
             ,
             viz.
             from
             beyond
             Sea
             ,
             where
             the
             Empress
             was
             :
             for
             as
             the
             King's
             Engagements
             were
             in
             their
             first
             heat
             on
             the
             one
             side
             ,
             so
             was
             also
             the
             
             Empress's
             Choler
             on
             the
             other
             side
             ;
             and
             therefore
             might
             make
             the
             first
             assault
             .
             And
             the
             King
             's
             first
             success
             therein
             falling
             out
             prosperously
             for
             him
             ,
             gave
             him
             a
             conceit
             that
             he
             was
             strong
             enough
             to
             encounter
             his
             own
             Covenant
             ,
             although
             in
             truth
             he
             invaded
             but
             the
             skirts
             thereof
             ;
             I
             mean
             ,
             that
             collateral
             security
             of
             Castles
             :
             for
             by
             experience
             he
             now
             feels
             that
             they
             are
             blocks
             in
             his
             way
             ,
             he
             must
             therefore
             have
             them
             into
             his
             own
             power
             .
             But
             the
             Clergie
             (
             loth
             to
             forgo
             their
             pawn
             till
             they
             had
             their
             full
             Bargain
             ;
             for
             now
             they
             were
             working
             hard
             for
             investitures
             of
             the
             Mitred
             Clergie
             ,
             under
             the
             patronage
             of
             a
             Legate
             that
             had
             the
             King
             in
             bonds
             )
             acted
             their
             parts
             so
             well
             ,
             as
             they
             engaged
             the
             Nobility
             for
             their
             liberty
             of
             Castles
             ;
             in
             which
             Atchievement
             the
             King
             was
             taken
             prisoner
             .
             The
             Empress
             betakes
             her self
             to
             the
             Clergie
             ,
             and
             by
             the
             Legate's
             means
             ,
             procures
             a
             kind
             of
             Election
             to
             be
             Queen
             :
             But
             she
             sick
             of
             the
             Womans
             humour
             ,
             and
             thinking
             too
             much
             of
             the
             Empress
             ,
             and
             too
             little
             of
             the
             Queen
             ,
             and
             forgetting
             that
             the
             English
             Crown
             would
             not
             fit
             an
             Empress
             ,
             unless
             she
             could
             fit
             her
             head
             first
             to
             it
             ,
             choaked
             her
             own
             Title
             by
             Prerogative
             ,
             and
             so
             let
             the
             Crown
             slip
             through
             her
             own
             hands
             ;
             which
             fell
             upon
             the
             head
             of
             Steven
             again
             ,
             who
             maintained
             it
             by
             his
             Sword
             ,
             after
             by
             Composition
             ,
             and
             then
             died
             a
             King.
             And
             thus
             like
             a
             Vapour
             mounted
             up
             by
             the
             Clergie
             ,
             tossed
             by
             Tempests
             for
             a
             time
             ,
             and
             at
             length
             falling
             ,
             he
             gave
             way
             to
             the
             Crown
             to
             have
             its
             free
             course
             to
             the
             
             Empress's
             Son
             by
             
               Geoffery
               Plantagenet
            
             .
          
           
             This
             was
             Henry
             the
             second
             ,
             
             the
             most
             accomplished
             for
             Wisdom
             ,
             Courage
             ,
             and
             Power
             ,
             of
             all
             his
             Predecessors
             ;
             and
             one
             that
             wanted
             nothing
             but
             purpose
             ,
             to
             have
             undone
             what
             the
             foregoing
             Princes
             had
             done
             ,
             in
             the
             setling
             of
             the
             Liberties
             of
             the
             People
             :
             for
             the
             Subjects
             were
             tired
             with
             the
             unquiet
             former
             times
             ,
             and
             the
             Clergie
             in
             distraction
             through
             the
             Schism
             in
             the
             Popedom
             between
             Victor
             the
             fourth
             ,
             and
             Alexander
             the
             third
             ;
             and
             very
             unfitting
             all
             were
             to
             dispute
             the
             point
             of
             Prerogative
             with
             so
             mighty
             a
             Prince
             .
             And
             it
             was
             the
             wisdom
             of
             God
             to
             order
             his
             affairs
             
             so
             ,
             as
             that
             he
             was
             not
             very
             fit
             to
             dispute
             with
             the
             people
             in
             that
             case
             :
             for
             his
             Title
             to
             the
             Crown
             was
             not
             very
             excellent
             ,
             being
             neither
             Heir
             to
             the
             last
             King
             that
             Reigned
             ,
             nor
             to
             the
             last
             of
             that
             Title
             ,
             I
             mean
             to
             Henry
             the
             first
             ;
             but
             Son
             only
             to
             the
             Empress
             ,
             who
             was
             now
             alive
             ,
             and
             by
             descent
             was
             to
             be
             preferred
             before
             all
             other
             .
             His
             Title
             therefore
             is
             clearly
             by
             compact
             and
             agreement
             made
             between
             the
             Lords
             ,
             King
             Steven
             ,
             and
             himself
             ;
             all
             being
             then
             ready
             to
             try
             the
             right
             by
             the
             Sword
             ,
             to
             that
             ,
             to
             which
             none
             of
             them
             had
             any
             right
             at
             all
             at
             that
             time
             ,
             but
             by
             the
             favour
             of
             the
             people
             .
             Nor
             did
             the
             King
             ever
             after
             dispute
             the
             strength
             of
             this
             Title
             ,
             although
             before
             he
             died
             ,
             his
             Mothers
             death
             conveyed
             over
             to
             him
             what
             right
             of
             descent
             soever
             was
             consistent
             with
             the
             Law
             of
             the
             Crown
             :
             nor
             did
             occasion
             favour
             him
             thereto
             ;
             for
             as
             it
             is
             never
             seen
             that
             any
             man
             is
             honoured
             by
             God
             with
             many
             advantages
             ,
             without
             proportionable
             employment
             for
             the
             same
             ,
             so
             it
             befel
             with
             this
             King
             :
             His
             great
             Territories
             in
             France
             brought
             jealousie
             in
             the
             rear
             ;
             and
             thence
             strife
             and
             contention
             with
             France
             ,
             enough
             to
             turn
             his
             thoughts
             from
             waxing
             wanton
             against
             his
             own
             people
             ;
             and
             therefore
             his
             wisdom
             taught
             him
             to
             prefer
             peace
             at
             home
             to
             the
             chief
             of
             his
             Prerogative
             ;
             to
             become
             somewhat
             popular
             ,
             and
             yet
             to
             lose
             nothing
             of
             a
             King
             thereby
             .
             His
             way
             was
             to
             keep
             the
             Church-men
             down
             ,
             that
             had
             during
             his
             predecessors
             time
             grown
             ,
             whether
             more
             obstinate
             against
             the
             King
             ,
             or
             insolent
             over
             the
             people
             ,
             is
             hard
             to
             judge
             ;
             and
             in
             this
             he
             had
             the
             people
             to
             friend
             ,
             and
             might
             have
             prevailed
             much
             more
             than
             he
             did
             ,
             but
             that
             the
             people
             feared
             the
             threats
             of
             Rome
             more
             than
             he
             ;
             and
             he
             (
             if
             not
             guilty
             of
             
             Becket's
             death
             )
             more
             the
             conceit
             of
             Fame
             than
             there
             was
             cause
             .
             These
             concurring
             with
             unnatural
             troubles
             from
             most
             unthankful
             Sons
             ,
             made
             that
             spirit
             of
             his
             to
             fail
             ,
             that
             formerly
             knew
             no
             peer
             ;
             as
             it
             is
             often
             seen
             that
             the
             most
             generous
             spirits
             are
             sooner
             quelled
             with
             shame
             and
             grief
             ,
             than
             with
             fear
             of
             any
             danger
             whatsoever
             .
             Towards
             his
             
             Lay-Subjects
             he
             was
             more
             regardant
             for
             the
             setling
             of
             Laws
             ,
             and
             executing
             of
             Justice
             ;
             so
             as
             some
             have
             thought
             him
             the
             first
             source
             of
             our
             
               English
               Laws
            
             ;
             others
             more
             truly
             ,
             the
             first
             Mecaenas
             since
             the
             Conquest
             ,
             that
             brought
             on
             the
             spring-time
             of
             a
             setled
             Common-wealth
             ;
             and
             therefore
             left
             this
             fair
             testimony
             ,
             by
             his
             putting
             forth
             that
             Primrose
             of
             
               English
               Laws
            
             ,
             under
             the
             name
             of
             Glanvil
             ;
             letting
             all
             men
             know
             ,
             that
             thenceforth
             England
             would
             no
             more
             veil
             itself
             in
             an
             unknown
             Law
             ,
             but
             explain
             itself
             unto
             the
             World
             to
             be
             a
             regular
             Government
             .
             Such
             was
             the
             King's
             Idea
             ;
             yet
             was
             he
             touched
             with
             so
             much
             of
             the
             common
             infirmity
             of
             Kings
             ,
             as
             shewed
             him
             to
             be
             a
             man
             ;
             especially
             in
             his
             old
             age
             ,
             being
             loaden
             with
             Military
             Affairs
             ,
             wherein
             he
             had
             been
             long
             exercised
             ,
             he
             had
             contracted
             some
             shifting
             courses
             of
             a
             Souldier
             ,
             in
             gathering
             Money
             and
             Souldiers
             somewhat
             out
             of
             the
             road-way
             of
             an
             
               English
               King
            
             ;
             and
             led
             an
             ill
             example
             to
             future
             Ages
             ;
             nor
             had
             he
             other
             salve
             for
             this
             wound
             ,
             
             but
             that
             it
             was
             for
             the
             honour
             of
             
               Christian
               faith
            
             ,
             and
             for
             the
             sake
             of
             Jerusalem
             .
          
           
             Next
             comes
             in
             Richard
             the
             first
             ,
             Henry
             the
             Second's
             Son
             both
             in
             birth
             and
             courage
             ;
             
             yet
             was
             his
             behaviour
             to
             his
             Father
             such
             ,
             that
             his
             meritorious
             
               Holy
               War
            
             could
             never
             wipe
             it
             out
             of
             the
             Calendar
             of
             story
             .
             His
             entrance
             was
             upon
             an
             Election
             made
             in
             his
             Fathers
             life-time
             ,
             and
             the
             same
             confirmed
             by
             receiving
             of
             Homage
             from
             the
             Peers
             .
             The
             sad
             troubles
             that
             this
             Election
             amongst
             other
             things
             occasioned
             to
             his
             Father
             in
             his
             old
             age
             ,
             shew
             plainly
             that
             Richard
             trusted
             not
             to
             the
             Title
             of
             Inheritance
             ;
             
             nor
             the
             French
             King
             (
             that
             took
             his
             part
             )
             unto
             the
             English
             custom
             ,
             for
             the
             possession
             of
             the
             Crown
             ,
             but
             all
             must
             be
             done
             in
             the
             Life
             of
             the
             Father
             ;
             
             that
             must
             secure
             the
             Government
             to
             the
             Son
             when
             the
             Father
             is
             dead
             .
             And
             thus
             is
             he
             entred
             upon
             the
             Throne
             ,
             not
             as
             Heir
             ,
             but
             as
             Successor
             to
             his
             Father
             ,
             yea
             rather
             as
             Survivor
             ,
             taking
             possession
             of
             what
             was
             by
             special
             compact
             conveyed
             to
             him
             by
             the
             means
             of
             his
             Father
             in
             his
             life-time
             ,
             though
             sore
             against
             his
             will
             ,
             if
             Writers
             speak
             true
             .
             As
             his
             entrance
             was
             ,
             it
             promised
             a
             better
             Government
             than
             followed
             ;
             for
             though
             it
             was
             for
             the
             most
             part
             hidden
             in
             the
             Womb
             ,
             as
             himself
             did
             subsist
             in
             another
             World
             ;
             yet
             by
             a
             secret
             providence
             he
             was
             given
             over
             to
             the
             election
             of
             ill
             Deputies
             ;
             and
             therefore
             he
             was
             not
             well
             beloved
             ,
             however
             dear
             he
             was
             to
             this
             Nation
             .
             A
             third
             part
             of
             his
             Government
             was
             spent
             in
             a
             calm
             with
             Pope
             ,
             Clergy
             ,
             Commons
             ,
             and
             all
             Nations
             that
             were
             not
             Infidels
             ,
             upon
             conscience
             it
             seems
             that
             he
             ought
             not
             to
             be
             troubled
             ,
             who
             adventured
             his
             person
             so
             bravely
             in
             the
             
               Holy
               War.
            
             But
             above
             all
             ,
             he
             was
             the
             Clergies
             darling
             ,
             not
             only
             for
             his
             adventure
             in
             the
             
               Holy
               Land
            
             ,
             but
             now
             much
             more
             in
             his
             return
             by
             his
             imprisonment
             in
             Germany
             ;
             and
             therefore
             they
             sluck
             close
             to
             him
             in
             his
             absence
             ,
             not
             only
             in
             maintenance
             of
             his
             right
             to
             the
             C●own
             (
             whereto
             some
             made
             claim
             ,
             and
             his
             own
             Brother
             John
             did
             more
             )
             but
             emptied
             themselves
             to
             the
             utmost
             for
             his
             delivery
             ,
             which
             they
             effected
             ,
             to
             the
             envy
             of
             the
             French
             ,
             and
             such
             as
             longed
             for
             his
             downfal
             here
             in
             England
             .
             The
             King
             comes
             like
             the
             Sun-rising
             ,
             scattering
             his
             Brothers
             designs
             by
             his
             very
             view
             ;
             then
             returns
             his
             thoughts
             for
             France
             ,
             where
             he
             spent
             the
             rest
             of
             a
             restless
             life
             :
             and
             as
             his
             entry
             upon
             the
             Throne
             was
             unnatural
             (
             for
             he
             made
             his
             way
             upon
             his
             Fathers
             Herse
             )
             so
             was
             his
             Reign
             full
             of
             troubles
             ,
             and
             his
             end
             not
             unlike
             ;
             for
             it
             was
             violent
             ,
             and
             by
             the
             hand
             of
             his
             own
             subject
             ;
             and
             so
             ended
             his
             Reign
             ,
             that
             scarce
             had
             any
             begining
             .
          
           
             Next
             comes
             in
             King
             John
             to
             act
             his
             part
             ,
             
             according
             to
             his
             entry
             ,
             hand
             over
             head
             ;
             whether
             called
             by
             a
             people
             scared
             with
             the
             noise
             of
             Succession
             by
             inheritance
             ;
             or
             such
             as
             thought
             it
             not
             convenient
             nor
             safe
             in
             a
             stirring
             time
             to
             have
             a
             Child
             to
             be
             their
             King
             ;
             or
             lastly
             ,
             led
             by
             an
             interest
             that
             John
             the
             youngest
             Son
             of
             Henry
             the
             second
             had
             by
             woful
             experience
             obtained
             amongst
             the
             Lords
             ,
             or
             some
             or
             all
             concurring
             ;
             it
             is
             clear
             ,
             they
             crossed
             the
             way
             of
             inheritance
             ,
             waved
             
             Arthur's
             Title
             ,
             who
             was
             Heir
             to
             Richard
             the
             first
             ,
             and
             by
             him
             also
             appointed
             to
             succeed
             ,
             being
             then
             but
             a
             Child
             ;
             and
             they
             chose
             John
             ,
             a
             man
             of
             War
             ,
             trained
             up
             in
             the
             Government
             of
             Ireland
             ,
             which
             made
             way
             for
             his
             active
             spirit
             ;
             and
             well
             seen
             in
             the
             Government
             of
             England
             ,
             which
             might
             have
             made
             him
             wise
             ;
             and
             under
             these
             conceits
             they
             were
             willing
             to
             forget
             his
             oppression
             in
             Ireland
             ,
             his
             Treachery
             against
             his
             Lord
             and
             King
             in
             England
             ,
             set
             the
             Crown
             upon
             his
             head
             ;
             and
             in
             conclusion
             acted
             the
             Tragedy
             of
             Abimelech
             in
             English
             ,
             wherein
             the
             Cedar
             was
             rooted
             up
             ,
             and
             the
             Bramble
             trodden
             down
             .
          
           
             The
             general
             temper
             of
             his
             Government
             sheweth
             ,
             that
             though
             the
             King
             must
             be
             thought
             sober
             ,
             yet
             the
             man
             was
             mad
             ,
             for
             he
             hawked
             at
             all
             manner
             of
             game
             ,
             
               France
               ,
               Scotland
               ,
               England
               ,
               Laity
               ,
               Clergy
               ,
            
             spared
             not
             the
             Pope
             himself
             ,
             scorned
             to
             stoop
             to
             occasion
             ;
             all
             which
             he
             did
             by
             the
             strength
             of
             the
             name
             of
             a
             King
             :
             till
             at
             length
             ,
             being
             well
             cuft
             and
             plumed
             ,
             he
             was
             fain
             to
             yoke
             his
             lawless
             will
             under
             the
             
               grand
               Charter
            
             ,
             depose
             his
             Crown
             at
             the
             Popes
             foot
             ,
             and
             instead
             of
             a
             King
             ,
             became
             little
             better
             than
             a
             chief
             Lord
             in
             England
             .
             Thus
             although
             Richard
             the
             First
             forgot
             this
             mans
             disloyalty
             ,
             yet
             God
             remembred
             it
             :
             for
             the
             King
             having
             gotten
             the
             Pope
             upon
             the
             hip
             ,
             and
             put
             him
             to
             his
             last
             shift
             to
             stir
             up
             
             the
             French
             to
             set
             his
             curse
             on
             work
             ,
             was
             by
             a
             hidden
             providence
             conquered
             in
             the
             middest
             of
             a
             Royal
             Army
             ,
             without
             view
             of
             Enemy
             ,
             or
             other
             weapon
             than
             a
             meer
             noise
             ;
             his
             Nobility
             (
             either
             suspecting
             all
             would
             be
             gone
             to
             Rome
             ,
             or
             expecting
             that
             the
             King
             would
             not
             deny
             them
             their
             own
             ,
             seeing
             he
             had
             been
             so
             profuse
             in
             giving
             away
             that
             which
             was
             not
             his
             )
             demand
             that
             their
             Liberties
             might
             be
             confirmed
             ;
             but
             he
             being
             loath
             to
             be
             mated
             by
             his
             Nobles
             ,
             though
             he
             was
             overmatched
             by
             the
             Pope
             ,
             arms
             himself
             with
             the
             Popes
             curse
             ,
             and
             the
             Lords
             themselves
             with
             the
             Frenchmens
             power
             ;
             thus
             the
             Tables
             are
             turned
             ,
             and
             the
             French
             playing
             an
             after-game
             to
             gain
             to
             themselves
             the
             Crown
             of
             England
             ,
             after
             they
             saw
             the
             death
             of
             a
             Warlike
             King
             ,
             discovered
             their
             design
             before
             it
             was
             ripe
             ;
             and
             in
             the
             conclusion
             were
             beaten
             out
             of
             the
             Kingdom
             by
             a
             Child
             .
          
           
             It
             is
             not
             worth
             inquiry
             what
             the
             King
             allowed
             or
             disallowed
             ;
             for
             it
             was
             his
             course
             to
             repent
             of
             any
             thing
             done
             contrary
             to
             his
             present
             sense
             ,
             and
             made
             it
             his
             chief
             principle
             in
             policy
             to
             have
             no
             principle
             but
             desire
             ;
             wherein
             he
             triumphed
             too
             long
             ,
             by
             reason
             of
             the
             contentions
             between
             the
             Clergie
             and
             the
             Laity
             ;
             which
             coming
             nigh
             unto
             the
             push
             of
             pike
             ,
             and
             the
             King
             ready
             for
             the
             spoil
             of
             both
             ;
             the
             Barons
             and
             Clergy
             suddenly
             close
             their
             files
             ,
             and
             like
             a
             stone-wall
             stood
             firm
             to
             each
             other
             ,
             till
             the
             King
             wearied
             with
             succesless
             labour
             ,
             was
             glad
             to
             give
             and
             take
             breath
             ,
             confirmed
             the
             Liberties
             of
             the
             people
             by
             his
             Charter
             ,
             which
             is
             now
             called
             the
             
               Magna
               Charta
            
             ,
             
             for
             substance
             ,
             and
             gave
             such
             collateral
             security
             for
             performance
             on
             his
             part
             ,
             as
             did
             let
             the
             World
             know
             the
             thing
             was
             as
             just
             ,
             as
             himself
             had
             been
             unjust
             .
             The
             worst
             point
             in
             the
             case
             was
             ,
             that
             the
             people
             got
             their
             own
             by
             a
             kind
             of
             
               re
               disseisin
            
             ;
             a
             desperate
             remedy
             for
             a
             desperate
             condition
             ,
             wherein
             the
             Common-wealth
             then
             lay
             between
             life
             and
             death
             ,
             upon
             the
             rack
             of
             the
             will
             of
             a
             King
             ,
             that
             would
             be
             controuled
             by
             nothing
             but
             his
             own
             appetite
             ,
             and
             was
             in
             the
             end
             devoured
             by
             it
             .
          
        
         
           
             CHAP.
             LVIII
             .
             Of
             the
             state
             of
             the
             Nobility
             of
             England
             from
             the
             Conquest
             ,
             and
             during
             the
             Reign
             of
             these
             several
             Kings
             .
          
           
             UNder
             the
             Title
             of
             the
             Nobility
             of
             England
             ,
             I
             shall
             comprehend
             all
             such
             as
             are
             of
             the
             greatest
             eminency
             for
             birth
             ,
             or
             wisdom
             and
             learning
             ,
             and
             advancement
             into
             place
             of
             Government
             and
             Honour
             .
             These
             were
             in
             the
             Saxons
             times
             the
             flower
             of
             the
             people
             ,
             flourishing
             only
             from
             the
             honour
             that
             ascended
             from
             beneath
             ;
             their
             deportment
             then
             was
             full
             of
             chear
             and
             safety
             to
             the
             people
             :
             after
             that
             Royalty
             sprung
             up
             ,
             the
             influence
             thereof
             upon
             them
             exhaled
             such
             a
             reciprocal
             interest
             back
             again
             ,
             as
             made
             them
             less
             regardful
             of
             their
             own
             root
             ;
             whereas
             we
             see
             the
             more
             mature
             flowers
             are
             the
             more
             propense
             to
             turn
             head
             and
             look
             downward
             to
             their
             own
             original
             .
             This
             distemper
             was
             yet
             much
             worse
             by
             the
             coming
             in
             of
             the
             Normans
             ,
             whose
             Nobility
             ,
             besides
             their
             Titles
             of
             honour
             in
             their
             own
             Countrey
             ,
             obtained
             by
             custom
             such
             command
             and
             power
             amongst
             the
             meaner
             sort
             ,
             being
             Souldiers
             under
             them
             in
             time
             of
             the
             service
             in
             the
             field
             ,
             that
             (
             when
             the
             Wars
             had
             breathed
             out
             
             their
             last
             )
             neither
             of
             them
             could
             forget
             ,
             or
             were
             very
             careful
             to
             lay
             aside
             .
             This
             was
             observed
             by
             Kings
             ,
             and
             advantage
             espyed
             to
             climb
             to
             the
             top
             of
             Monarchy
             by
             the
             help
             of
             these
             great
             men
             ;
             whom
             if
             they
             could
             make
             their
             own
             ,
             all
             would
             be
             theirs
             ;
             and
             therein
             they
             had
             prevailed
             much
             more
             than
             they
             did
             ,
             if
             they
             had
             been
             wise
             enough
             to
             have
             maintained
             them
             in
             unity
             ;
             but
             in
             that
             failing
             ,
             the
             Kings
             were
             necessitated
             to
             take
             parties
             ,
             and
             serve
             the
             Nobility
             to
             save
             the
             main
             :
             and
             thus
             continued
             they
             a
             considerable
             party
             in
             the
             Government
             of
             this
             Kingdom
             from
             the
             Normans
             ,
             for
             the
             space
             of
             two
             hundred
             years
             well-nigh
             ,
             to
             the
             prejudice
             both
             of
             the
             growth
             of
             the
             Prerogative
             of
             Kings
             ,
             and
             Liberties
             of
             the
             Commons
             ;
             and
             benefit
             of
             none
             but
             the
             Lords
             ,
             who
             in
             those
             unquiet
             times
             were
             the
             chief
             Commanders
             in
             the
             field
             .
             This
             errour
             of
             the
             Kings
             was
             soon
             espied
             ,
             but
             could
             not
             be
             avoided
             :
             it
             is
             natural
             to
             man
             to
             be
             proud
             ,
             and
             to
             such
             to
             fall
             into
             contention
             ;
             another
             course
             therefore
             is
             taken
             ,
             viz.
             to
             raise
             up
             some
             so
             high
             as
             may
             over-top
             all
             ,
             and
             keep
             them
             under
             :
             nor
             is
             it
             altogether
             without
             reason
             ,
             for
             Kings
             are
             no
             ubiquitaries
             ,
             and
             some
             must
             bear
             their
             power
             where
             they
             cannot
             be
             personally
             present
             ;
             yet
             it
             is
             dangerous
             to
             bestow
             too
             much
             upon
             one
             man
             ,
             for
             there
             is
             no
             man
             fitting
             to
             be
             a
             King
             ,
             but
             himself
             that
             is
             a
             King
             ;
             and
             where
             Kings
             are
             immoderate
             in
             bestowing
             power
             ,
             it
             many
             times
             works
             much
             woe
             to
             the
             people
             ,
             and
             not
             seldom
             sorrow
             to
             the
             Kings
             themselves
             .
             The
             place
             of
             the
             
               chief
               Justice
            
             was
             in
             shew
             but
             one
             Office
             ,
             yet
             in
             these
             times
             was
             in
             nature
             of
             the
             Kings
             Lieutenant-general
             throughout
             the
             Kingdom
             .
             A
             power
             and
             work
             too
             great
             for
             any
             one
             man
             in
             the
             World
             ,
             that
             can
             make
             no
             Deputies
             to
             manage
             it
             ;
             and
             yet
             in
             those
             times
             you
             shall
             meet
             with
             one
             man
             made
             up
             of
             an
             Arch-bishop
             ,
             a
             Legat
             ,
             and
             chief
             Justice
             of
             England
             ;
             
             or
             a
             Bishop
             ,
             a
             Lord
             Chancellour
             ,
             a
             Legat
             ,
             and
             chief
             Justice
             of
             England
             :
             and
             a
             strange
             kind
             of
             Government
             must
             that
             needs
             be
             ,
             wherein
             the
             Servants
             Throne
             is
             above
             his
             Masters
             ,
             and
             a
             Subject
             shall
             have
             a
             plenitudinary
             power
             beyond
             that
             which
             his
             Lord
             and
             King
             had
             ,
             or
             ,
             as
             the
             times
             then
             were
             ,
             was
             capable
             of
             .
             By
             these
             and
             such
             like
             pluralities
             ,
             the
             great
             men
             of
             England
             kept
             the
             Commons
             below
             ,
             and
             themselves
             above
             ;
             and
             probably
             rendred
             the
             temper
             of
             the
             Government
             of
             this
             Kingdom
             more
             Aristocratical
             than
             in
             after-Ages
             .
             And
             if
             their
             personal
             authority
             was
             of
             such
             value
             ,
             how
             much
             rather
             in
             their
             joynt
             assembly
             or
             court
             of
             Council
             !
             concerning
             which
             I
             must
             agree
             ,
             that
             as
             in
             their
             original
             in
             Germany
             ,
             they
             did
             consult
             and
             determine
             of
             the
             meaner
             matters
             ,
             that
             is
             to
             say
             ,
             of
             matters
             concerning
             Property
             ;
             and
             therefore
             were
             in
             their
             most
             ordinary
             work
             Meetings
             of
             Judges
             ,
             or
             Courts
             of
             Judicature
             ,
             and
             also
             matters
             of
             defensive
             War
             ,
             because
             themselves
             were
             the
             Commanders
             :
             and
             lastly
             ,
             in
             matters
             of
             sudden
             concerment
             to
             the
             State
             ,
             not
             only
             to
             serve
             as
             eyes
             to
             foresee
             ,
             but
             to
             provide
             also
             if
             they
             can
             ,
             or
             otherwise
             to
             call
             in
             the
             ayd
             of
             the
             peoples
             advice
             ;
             so
             also
             they
             continued
             this
             course
             ,
             and
             it
             may
             be
             now
             and
             then
             (
             as
             all
             Councils
             have
             done
             )
             strained
             their
             endeavours
             beyond
             their
             reach
             ,
             especially
             since
             the
             Normans
             entrance
             :
             and
             therefore
             I
             shall
             not
             deny
             but
             that
             they
             alone
             with
             the
             King
             ,
             and
             without
             the
             Commons
             ,
             have
             made
             many
             Laws
             and
             Constitutions
             ,
             some
             of
             which
             now
             are
             called
             Statutes
             ,
             (
             although
             many
             of
             them
             in
             truth
             are
             no
             other
             than
             Rules
             for
             Judicature
             ,
             which
             ordinary
             Courts
             may
             frame
             ;
             or
             Judgments
             in
             particular
             cases
             ,
             such
             as
             are
             the
             constitutions
             at
             Clarindon
             in
             Henry
             the
             Second's
             time
             )
             and
             many
             other
             Laws
             which
             are
             reported
             to
             be
             made
             between
             the
             King
             and
             his
             Lords
             .
             Nor
             can
             I
             look
             upon
             such
             Laws
             otherwise
             ,
             than
             as
             upon
             Judgments
             in
             Courts
             of
             Justice
             in
             new
             
             points
             of
             controversie
             ,
             grounded
             upon
             ancient
             grounds
             ,
             which
             properly
             are
             not
             new
             Laws
             ,
             but
             the
             ancient
             Rule
             applied
             to
             new
             particulars
             ;
             and
             being
             so
             published
             to
             the
             World
             ,
             may
             bear
             the
             name
             of
             Laws
             ,
             Ordinances
             ,
             Constitutions
             ,
             or
             Judgments
             ;
             the
             word
             Statute
             being
             of
             latter
             times
             taken
             up
             ,
             and
             used
             in
             a
             more
             restrictive
             sence
             :
             of
             which
             ,
             more
             in
             their
             due
             place
             .
             Now
             that
             this
             Court
             was
             a
             setled
             Court
             of
             Judicature
             ,
             and
             so
             used
             ,
             may
             appear
             ,
             
             in
             that
             Fines
             were
             levied
             therein
             ,
             and
             Writs
             of
             Right
             determined
             ;
             as
             in
             the
             great
             Case
             between
             the
             two
             Kings
             of
             Navar
             and
             Castilè
             ,
             referred
             to
             the
             Judgment
             of
             Henry
             the
             second
             ,
             
             and
             tried
             in
             this
             Court
             ,
             it
             is
             said
             ,
             that
             the
             Tryal
             was
             by
             Plea
             ,
             and
             if
             need
             were
             ,
             by
             Battel
             .
             The
             Judges
             in
             this
             Court
             were
             the
             Baronage
             of
             England
             ;
             for
             the
             entry
             of
             Judgment
             in
             that
             great
             Case
             ,
             is
             thus
             :
             
               Comites
               &
               Barones
               Regalis
               Curiae
               Angliae
               adjudicaverunt
               ,
               &c.
               
            
             So
             as
             though
             doubtless
             many
             were
             absent
             ,
             some
             being
             enemies
             ,
             others
             discontented
             ,
             others
             upon
             other
             occasions
             ;
             yet
             all
             might
             claim
             their
             Votes
             as
             Barons
             .
             The
             President
             over
             all
             the
             rest
             was
             the
             Chief
             Justice
             ,
             as
             if
             the
             King
             were
             present
             then
             himself
             ;
             and
             by
             him
             was
             the
             Sentence
             or
             Judgment
             declared
             ,
             according
             to
             the
             entry
             in
             that
             Case
             aforesaid
             ,
             
               Habito
               Concilio
               cum
               Episcopis
               ,
               Comitibus
               &
               Baronibus
               ,
               adjudicavimus
               ,
               &c.
               
            
             The
             honour
             of
             this
             Court
             was
             great
             ,
             so
             long
             as
             the
             Lords
             had
             liberty
             or
             care
             to
             attend
             thereon
             :
             but
             when
             Kings
             began
             to
             have
             private
             interests
             ,
             they
             would
             have
             these
             to
             be
             more
             private
             Councils
             ;
             which
             weakned
             the
             esteem
             of
             Conclusions
             that
             there
             passed
             ,
             and
             reduced
             the
             honour
             thereof
             scarce
             to
             the
             degree
             of
             a
             Conventicle
             .
             And
             by
             this
             means
             the
             necessity
             of
             calling
             together
             the
             whole
             Body-Representative
             ,
             was
             made
             more
             frequent
             ,
             the
             power
             of
             the
             Nobility
             of
             England
             decayed
             ,
             and
             this
             Court
             forfeited
             all
             its
             Juridical
             power
             to
             the
             three
             Courts
             at
             Westminster
             ,
             viz.
             the
             
               Kings-bench
               ,
               Common-pleas
            
             ,
             and
             Exchequer
             ;
             saving
             still
             the
             supreme
             Judicature
             unto
             the
             grand
             Convention
             of
             Estates
             in
             Parliament
             ,
             where
             all
             the
             Lords
             had
             liberty
             of
             meeting
             ,
             and
             free
             voting
             without
             impeachment
             .
          
        
         
           
             CHAP.
             LIX
             .
             Of
             the
             state
             of
             the
             Clergie
             ,
             and
             their
             power
             in
             this
             Kingdom
             from
             the
             Normans
             time
             .
          
           
             IF
             the
             Prerogative
             of
             Kings
             prevailed
             not
             to
             its
             utmost
             pitch
             during
             the
             Normans
             time
             ,
             it
             did
             much
             less
             in
             these
             times
             succeeding
             ,
             wherein
             the
             Clergie
             took
             up
             the
             Bùcklers
             ,
             and
             beat
             both
             King
             and
             Commons
             to
             a
             Retreat
             ;
             themselves
             in
             the
             interim
             remaining
             sole
             Triumphers
             in
             the
             Field
             .
             In
             their
             first
             Adventure
             they
             paced
             the
             Stage
             ,
             no
             man
             appearing
             to
             oppose
             :
             Steven
             then
             was
             King
             by
             their
             leave
             ,
             and
             their
             Bond-servant
             ;
             and
             they
             might
             have
             any
             thing
             ,
             sobeit
             they
             would
             suffer
             him
             to
             enjoy
             his
             Crown
             .
             His
             Brother
             the
             Bishop
             was
             the
             Pope's
             servant
             ,
             the
             Church-mens
             patron
             ,
             and
             the
             King's
             surety
             ;
             in
             whom
             the
             Clergies
             favour
             to
             the
             King
             ,
             and
             his
             good
             behaviour
             toward
             them
             and
             all
             men
             ,
             concentred
             .
             Besides
             all
             this
             ,
             the
             King
             was
             but
             so
             upon
             condition
             ;
             and
             there
             being
             no
             better
             Title
             than
             Election
             ,
             Conscience
             in
             those
             times
             was
             well
             enough
             satisfied
             in
             the
             breach
             of
             Covenant
             on
             their
             part
             ,
             when
             on
             the
             King's
             part
             it
             was
             first
             broken
             .
             All
             this
             the
             King
             saw
             full
             well
             ;
             and
             therefore
             what
             can
             he
             deny
             to
             such
             Benefactors
             ?
             Vacancies
             of
             Churches
             he
             readily
             parts
             with
             ;
             
             and
             his
             right
             of
             investiture
             of
             the
             Mitred
             Clergie
             he
             dispensed
             :
             so
             as
             he
             open'd
             the
             way
             to
             his
             Successours
             of
             an
             utter
             dereliction
             of
             that
             Priviledge
             .
             He
             sees
             his
             Brother
             the
             Legate
             deflower
             the
             Crown
             of
             England
             ,
             by
             maintaining
             Appeals
             from
             the
             Courts
             in
             England
             unto
             the
             Court
             of
             Rome
             ,
             and
             he
             says
             nothing
             ;
             he
             is
             contented
             with
             the
             stump
             of
             the
             Crown
             and
             (
             with
             Saul
             )
             if
             he
             be
             but
             honoured
             above
             or
             before
             all
             others
             of
             the
             people
             ,
             it
             is
             enough
             :
             But
             the
             Clergie
             ,
             like
             the
             barren
             Womb
             ,
             hath
             not
             yet
             enough
             .
             The
             King
             hath
             allowed
             them
             Castles
             ;
             and
             too
             late
             he
             sees
             ,
             that
             instead
             of
             being
             Defences
             against
             the
             Imperial
             power
             of
             the
             Empress
             ,
             they
             are
             now
             made
             Bulwarks
             against
             the
             lawful
             power
             of
             a
             King
             :
             he
             had
             therefore
             endeavoured
             to
             get
             them
             down
             ,
             and
             gotten
             some
             of
             them
             into
             his
             power
             .
             The
             King
             himself
             is
             now
             summoned
             to
             answer
             this
             before
             a
             Legatine
             Council
             ,
             wherein
             his
             Brother
             is
             President
             :
             That
             was
             a
             bold
             adventure
             in
             them
             ;
             but
             it
             was
             extreme
             rashness
             in
             him
             to
             appear
             and
             plead
             the
             Cause
             of
             the
             Crown
             of
             England
             before
             a
             Conventicle
             of
             his
             own
             Subjects
             .
             And
             thus
             to
             secure
             Rome
             of
             Supremacy
             in
             Appeals
             ,
             he
             suffers
             a
             recovery
             thereof
             against
             his
             own
             person
             in
             a
             Court
             of
             Record
             ;
             and
             so
             loses
             himself
             ,
             to
             save
             the
             Crown
             .
             Thus
             are
             Synods
             mounted
             up
             on
             Eagles
             wings
             ;
             they
             have
             the
             King
             under
             them
             ,
             they
             will
             next
             have
             the
             Crown
             .
             Within
             a
             while
             Steven
             is
             taken
             prisoner
             :
             The
             Empress
             perceiving
             the
             power
             of
             the
             Clergie
             ,
             betakes
             her
             case
             to
             them
             now
             assembled
             in
             Synod
             ;
             they
             now
             proud
             of
             the
             occasion
             (
             and
             conceiting
             that
             both
             Law
             and
             Gospel
             were
             now
             under
             their
             decree
             )
             publish
             ,
             That
             the
             Election
             of
             the
             King
             belongeth
             unto
             them
             ;
             and
             by
             them
             the
             Empress
             is
             elected
             Queen
             in
             open
             Synod
             ,
             
             Steven's
             Brother
             leading
             the
             game
             :
             and
             had
             she
             been
             as
             willing
             to
             have
             admitted
             of
             the
             Laws
             as
             Steven
             was
             ,
             she
             had
             so
             continued
             ,
             and
             had
             left
             a
             strange
             President
             in
             the
             English
             Government
             for
             Posterity
             .
             But
             the
             Citizens
             of
             London
             ,
             who
             had
             made
             the
             way
             to
             the
             Throne
             for
             Steven
             ,
             reduced
             the
             Synod
             to
             sober
             consideration
             ,
             and
             helped
             the
             King's
             return
             unto
             his
             Throne
             again
             ;
             wherein
             he
             continued
             a
             friend
             to
             the
             Clergie
             during
             the
             rest
             of
             his
             time
             .
          
           
             Henry
             the
             second
             succeeded
             him
             :
             as
             brave
             a
             man
             as
             he
             ,
             but
             beyond
             him
             in
             Title
             and
             Power
             ;
             and
             one
             that
             came
             to
             the
             Crown
             without
             pre-engagement
             by
             Promise
             or
             Covenant
             ,
             saving
             that
             which
             was
             proper
             for
             a
             King.
             A
             man
             he
             was
             that
             knew
             full
             well
             the
             Interests
             in
             the
             Government
             ,
             the
             growing
             power
             of
             the
             Clergie
             ,
             and
             the
             advantages
             lost
             from
             the
             Crown
             by
             his
             Predecessor
             :
             And
             to
             regain
             these
             ,
             he
             smooths
             his
             way
             towards
             these
             braving
             men
             ,
             
             speaks
             fair
             ,
             profers
             fair
             ;
             he
             would
             act
             to
             increase
             the
             bounds
             of
             the
             Church
             :
             He
             would
             have
             the
             Pope's
             leave
             to
             do
             him
             a
             kindness
             ;
             and
             sobeit
             he
             might
             gain
             an
             interest
             in
             Ireland
             ,
             he
             would
             take
             it
             from
             the
             Pope
             ,
             who
             pretended
             ,
             as
             
               Heir
               of
               Jesus
               Christ
            
             ,
             to
             have
             the
             Islands
             and
             utmost
             parts
             of
             the
             Earth
             for
             his
             possession
             ;
             and
             ,
             as
             if
             he
             meaned
             to
             be
             as
             good
             to
             the
             Church
             as
             Steven
             was
             ,
             and
             much
             better
             ,
             he
             desires
             the
             Pope's
             kindness
             for
             the
             confirmation
             of
             the
             Liberties
             and
             Customs
             of
             his
             Crown
             and
             Kingdom
             ;
             and
             no
             sooner
             desired
             than
             obtained
             .
             This
             was
             a
             second
             Example
             of
             a
             King
             of
             England
             ,
             but
             the
             first
             of
             an
             English
             King
             ,
             that
             sought
             to
             Rome
             for
             Right
             in
             the
             Crown
             ;
             and
             thereby
             taught
             the
             Pope
             to
             demand
             it
             as
             a
             priviledge
             belonging
             to
             the
             Tripple
             .
             Crown
             .
             Nor
             was
             Henry
             the
             second
             less
             benign
             to
             the
             Church-men
             ,
             till
             he
             found
             by
             his
             dear-bought
             experience
             that
             he
             had
             nourished
             Scorpions
             ;
             and
             would
             have
             suppressed
             them
             ,
             but
             was
             rather
             suppressed
             himself
             ;
             as
             in
             that
             shameful
             success
             of
             the
             death
             of
             Becket
             may
             appear
             ,
             wherein
             he
             yielded
             the
             day
             up
             to
             the
             Clergie
             ,
             who
             formerly
             scorned
             to
             stoop
             to
             the
             
             greatest
             Potentate
             on
             Earth
             .
             The
             State
             of
             Kings
             is
             to
             be
             pitied
             ,
             who
             must
             maintain
             a
             politick
             affection
             above
             ,
             and
             sometimes
             against
             Nature
             it self
             ,
             if
             they
             will
             escape
             the
             note
             of
             Tyranny
             in
             their
             Undertakings
             ,
             
             and
             of
             a
             feeble
             Spirit
             in
             their
             Sufferings
             :
             For
             the
             King
             having
             made
             Becket
             Chancellor
             of
             England
             ,
             and
             then
             Archbishop
             of
             Canterbury
             ,
             he
             became
             so
             great
             ,
             that
             his
             Feathers
             brushed
             against
             the
             King's
             Crown
             ;
             who
             begins
             to
             rouse
             up
             himself
             to
             maintain
             his
             Honour
             and
             Prerogative
             Royal.
             The
             Bishops
             side
             with
             Becket
             :
             the
             King
             intending
             the
             Person
             ,
             and
             not
             the
             Calling
             ,
             singles
             out
             the
             Archbishop
             ,
             and
             hunts
             him
             to
             soil
             at
             Rome
             ;
             yet
             before
             he
             went
             ,
             the
             King
             puts
             the
             points
             of
             his
             Quarrel
             in
             Writing
             ,
             and
             made
             both
             Archbishop
             and
             Bishops
             signe
             them
             as
             the
             Rights
             of
             his
             Crown
             ,
             and
             as
             the
             
               Consuetudines
               Avitae
            
             :
             But
             Becket
             repenting
             ,
             went
             to
             Rome
             and
             obtained
             the
             Pope's
             pardon
             and
             blessing
             ,
             the
             rest
             of
             the
             Bishops
             yielding
             the
             Cause
             .
          
           
             The
             particulars
             in
             debate
             were
             set
             down
             in
             the
             nature
             of
             Laws
             or
             Constitutions
             ,
             commonly
             called
             the
             Constitutions
             at
             Clarindon
             ;
             which
             shew
             the
             prevailing
             humour
             that
             then
             over-spread
             the
             body
             of
             the
             Clergie
             in
             those
             days
             :
             and
             therefore
             I
             shall
             sum
             them
             up
             as
             follows
             .
          
           
             Rights
             of
             Advowsons
             shall
             be
             determined
             in
             the
             King
             's
             Court.
             
             
          
           
             This
             had
             been
             quarrelled
             from
             the
             first
             Normans
             time
             ,
             but
             could
             never
             be
             recovered
             by
             the
             Clergie
             .
             Before
             the
             Normans
             time
             ,
             the
             County-courts
             had
             them
             ,
             and
             there
             they
             were
             determined
             before
             the
             Bishop
             and
             Sheriff
             ;
             but
             the
             Ecclesiastical
             Causes
             being
             reduced
             to
             Ecclesiastical
             Courts
             ,
             and
             the
             Sheriff
             and
             the
             Laity
             sequestred
             from
             intermeddling
             ,
             the
             Normans
             ,
             according
             to
             the
             custom
             in
             their
             own
             Country
             ,
             reduced
             also
             the
             tryal
             of
             rights
             of
             Advowsons
             unto
             the
             Supreme
             Courts
             :
             partly
             because
             the
             King's
             Title
             was
             much
             concerned
             therein
             ,
             and
             the
             Norman
             Lords
             no
             less
             ;
             but
             principally
             in
             regard
             that
             Rights
             require
             the
             consideration
             of
             such
             as
             are
             the
             most
             learned
             in
             the
             Laws
             .
          
           
             Rights
             of
             Tythes
             of
             a
             Lay-fee
             ,
             
             or
             where
             the
             Tenure
             is
             in
             question
             ,
             belong
             to
             the
             King
             's
             Court.
             
          
           
             Pleas
             of
             Debts
             by
             troth-plight
             ,
             
             belong
             to
             the
             King
             's
             Court.
             
          
           
             These
             were
             Saxon
             Laws
             ,
             and
             do
             intimate
             ,
             that
             it
             was
             the
             endeavour
             of
             the
             Clergie
             to
             get
             the
             sole
             cognizance
             of
             Tythes
             ,
             because
             they
             were
             originally
             their
             dues
             ;
             and
             of
             Debts
             by
             troth-plight
             ,
             because
             that
             Oaths
             seemed
             to
             relate
             much
             to
             Religion
             ,
             whereof
             they
             held
             themselves
             the
             onely
             Professors
             .
          
           
             The
             King's
             Justice
             shall
             reform
             Errours
             of
             the
             Ecclesiastical
             Courts
             ,
             
             and
             Crimes
             of
             Ecclesiastical
             persons
             .
          
           
             Appeals
             shall
             be
             from
             Arch-Deacons
             Courts
             to
             the
             Bishops
             Courts
             ,
             
             and
             thence
             to
             the
             Archbishops
             Courts
             ,
             and
             thence
             to
             the
             King's
             Court
             ,
             and
             there
             the
             Sentence
             to
             be
             final
             .
          
           
             No
             man
             that
             ever
             was
             acquainted
             with
             Antiquity
             ,
             
             will
             question
             that
             these
             were
             received
             Laws
             in
             the
             Saxons
             time
             ;
             nor
             did
             the
             Clergie
             ever
             quarrel
             them
             ,
             till
             the
             Normans
             taught
             them
             by
             courtesie
             done
             to
             Rome
             ,
             to
             expect
             more
             from
             Kings
             than
             for
             the
             present
             they
             would
             grant
             ;
             whereof
             
             see
             Cap.
             47.
             
             But
             King
             Steven
             that
             was
             indebted
             to
             the
             Clergie
             for
             his
             Crown
             ,
             and
             could
             not
             otherwise
             content
             them
             ,
             parted
             with
             this
             Jewel
             of
             Supreme
             power
             in
             Causes
             Ecclesiastical
             to
             the
             Roman
             cognizance
             ,
             as
             hath
             been
             already
             noted
             ;
             but
             Henry
             the
             second
             would
             have
             none
             of
             this
             Cheat
             at
             so
             easie
             a
             rate
             .
             This
             struck
             so
             smart
             a
             blow
             ,
             as
             though
             the
             Popedom
             had
             but
             newly
             recovered
             out
             of
             a
             paralytick
             Schism
             ,
             yet
             (
             seeing
             it
             so
             mainly
             concerned
             the
             maintenance
             of
             the
             Tripple-Crown
             )
             Alexander
             the
             Pope
             having
             lately
             been
             blooded
             against
             a
             brave
             Emperour
             ,
             made
             the
             less
             difficulty
             to
             stickle
             with
             a
             valiant
             King
             ;
             who
             is
             conclusion
             was
             fain
             to
             yield
             up
             the
             Bucklers
             ,
             and
             let
             the
             Pope
             hold
             what
             he
             had
             gotten
             ,
             notwithstanding
             against
             this
             Law
             ,
             and
             all
             former
             Law
             and
             Custom
             .
             And
             thus
             the
             Popes
             Supremacy
             in
             Spiritual
             Causes
             ,
             is
             secured
             both
             by
             a
             Recovery
             and
             Judgment
             ,
             
             by
             confession
             thereupon
             .
          
           
             The
             King
             shall
             have
             vacancies
             of
             Churches
             ,
             
             and
             power
             to
             elect
             by
             his
             
               secret
               Council
            
             :
             The
             Party
             elected
             shall
             do
             homage
             
               salvo
               ordine
            
             ,
             and
             then
             shall
             be
             consecrated
             .
          
           
             This
             certainly
             was
             none
             of
             the
             best
             ,
             yet
             it
             was
             a
             custom
             not
             altogether
             against
             reason
             ,
             although
             not
             suitable
             to
             the
             opinion
             of
             many
             ;
             yet
             we
             meet
             two
             alterations
             of
             the
             ancient
             custom
             .
             First
             ,
             that
             the
             election
             shall
             be
             by
             the
             King
             and
             
               secret
               Council
            
             ;
             whereas
             formerly
             the
             election
             of
             Bishops
             and
             Archbishops
             was
             of
             such
             publick
             concernment
             ,
             as
             the
             Parliament
             took
             cognizance
             thereof
             ;
             and
             (
             that
             which
             was
             worse
             )
             a
             Council
             was
             hereby
             allowed
             ,
             called
             a
             
               secret
               Council
            
             ,
             which
             in
             effect
             is
             a
             Council
             to
             serve
             the
             King's
             private
             aims
             ;
             and
             unto
             this
             Council
             ,
             power
             given
             in
             the
             ordering
             of
             the
             publick
             affairs
             ,
             without
             advice
             of
             the
             publick
             Council
             of
             Lords
             ,
             which
             was
             the
             onely
             Council
             of
             State
             in
             former
             times
             .
             And
             thus
             the
             publick
             affairs
             are
             made
             to
             correspond
             with
             the
             King
             's
             private
             interest
             ,
             which
             hath
             been
             the
             cause
             of
             much
             irregularity
             in
             the
             Government
             of
             this
             Island
             ever
             since
             .
             The
             second
             alteration
             resteth
             in
             the
             salvo
             ,
             which
             is
             a
             clause
             never
             formerly
             allowed
             ,
             unless
             by
             practice
             in
             
             Steven's
             time
             ,
             whenas
             there
             was
             little
             regard
             of
             the
             one
             or
             the
             other
             :
             Nor
             doth
             it
             concur
             with
             the
             file
             of
             story
             ,
             
             that
             it
             should
             be
             inserted
             within
             these
             Constitutions
             ,
             seeing
             that
             Writers
             agree
             it
             was
             the
             chief
             cause
             of
             quarrel
             between
             him
             and
             Becket
             ,
             who
             refused
             submission
             without
             the
             clause
             ,
             and
             at
             which
             the
             King
             stuck
             with
             the
             Archbishop
             for
             the
             space
             of
             seven
             years
             ,
             which
             was
             six
             years
             after
             the
             Constitutions
             were
             consented
             unto
             ,
             and
             concluded
             upon
             .
          
           
             No
             Clergie-man
             or
             other
             may
             depart
             the
             Realm
             ,
             
             without
             the
             King's
             License
             .
          
           
             It
             is
             a
             Law
             of
             Nations
             ,
             and
             must
             be
             agreed
             on
             all
             hands
             ,
             that
             no
             reason
             of
             State
             can
             allow
             dispensations
             therein
             ,
             especially
             in
             a
             doubtful
             Government
             ,
             where
             the
             Supremacy
             is
             in
             dispute
             :
             and
             this
             the
             wilful
             Archbishop
             never
             questioned
             ,
             till
             he
             questioned
             all
             Authority
             ,
             but
             in
             order
             to
             his
             own
             ;
             for
             but
             the
             year
             before
             ,
             when
             he
             went
             to
             Turonn
             to
             the
             general
             Council
             upon
             summons
             ,
             
             he
             first
             obtained
             License
             from
             the
             King
             before
             he
             went.
             
          
           
             No
             Sentence
             of
             Excommunication
             or
             Interdiction
             to
             pass
             against
             the
             King's
             Tenant
             or
             any
             Minister
             of
             State
             ,
             
             without
             License
             first
             had
             of
             the
             King
             ,
             or
             his
             Chief
             Justice
             in
             the
             King's
             absence
             .
          
           
           
             Till
             the
             Conquest
             ,
             
             no
             Excommunication
             passed
             without
             Warrant
             of
             Law
             made
             by
             the
             joynt
             assembly
             of
             the
             Laity
             and
             Clergy
             ;
             but
             the
             Conquerour
             having
             let
             loose
             the
             Canons
             ,
             and
             the
             Clergie
             having
             got
             the
             upper
             hand
             in
             Councils
             ,
             made
             Canons
             as
             they
             pleased
             ,
             and
             so
             the
             Laity
             are
             exposed
             to
             the
             voluntary
             power
             of
             the
             Canon
             :
             
             onely
             as
             well
             the
             Normans
             ,
             as
             until
             these
             times
             ,
             Kings
             have
             saved
             their
             own
             associates
             from
             that
             sudden
             blow
             ,
             and
             upon
             reason
             of
             religious
             observance
             ,
             lest
             the
             King
             should
             converse
             with
             excommunicate
             persons
             e're
             he
             be
             aware
             .
          
           
             The
             Laity
             are
             not
             to
             be
             proceeded
             against
             in
             Ecclesiastical
             Courts
             ,
             
             but
             upon
             proof
             by
             Witnesses
             in
             the
             presence
             of
             the
             Bishop
             :
             and
             where
             no
             Witnesses
             are
             ,
             the
             Sheriff
             shall
             try
             the
             matter
             by
             Jury
             in
             the
             presence
             of
             the
             Bishop
             .
          
           
             A
             negative
             Law
             ,
             that
             implieth
             another
             course
             was
             used
             upon
             light
             Fame
             or
             Suspition
             
               ex
               officio
            
             ,
             although
             the
             Oath
             at
             that
             time
             was
             not
             born
             into
             the
             World
             ,
             and
             that
             all
             this
             was
             contrary
             to
             the
             liberty
             of
             the
             Subject
             ,
             and
             Law
             of
             the
             Land
             :
             And
             it
             intimates
             a
             ground
             of
             prohibition
             in
             all
             such
             cases
             upon
             the
             Common
             Law
             ;
             which
             also
             was
             the
             ancient
             course
             in
             the
             Saxons
             times
             ,
             as
             hath
             been
             formerly
             noted
             .
          
           
             Excommunicated
             persons
             shall
             be
             compelled
             onely
             to
             give
             pledge
             ,
             
             and
             not
             Oath
             ,
             or
             Bail
             to
             stand
             to
             the
             Judgement
             of
             the
             Church
             .
          
           
             Upon
             the
             taking
             and
             imprisoning
             of
             the
             party
             excommunicate
             ,
             
             the
             course
             anciently
             was
             ,
             it
             seemeth
             ,
             to
             give
             Pledge
             to
             stand
             to
             Order
             .
             Of
             this
             the
             Bishops
             were
             weary
             soon
             ,
             as
             it
             seemeth
             ;
             and
             therefore
             waved
             it
             ,
             and
             betook
             themselves
             to
             other
             inventions
             of
             their
             own
             ,
             viz.
             to
             bind
             them
             by
             Oath
             or
             Bail
             ;
             both
             which
             were
             contrary
             to
             Law
             :
             for
             no
             Oath
             was
             to
             be
             administred
             but
             by
             Law
             of
             the
             Kingdom
             ;
             nor
             did
             it
             belong
             to
             the
             Ecclesiastical
             Laws
             to
             order
             Oaths
             or
             Bail
             ;
             and
             therefore
             this
             Law
             became
             a
             ground
             of
             prohibition
             in
             such
             cases
             ,
             and
             of
             the
             Writ
             
               de
               cautione
               admittenda
            
             .
          
           
             Persons
             cited
             ,
             
             and
             making
             default
             ,
             may
             be
             interdicted
             ,
             and
             the
             King's
             Officer
             shall
             compel
             him
             to
             obey
             .
          
           
             If
             the
             King's
             Officer
             make
             default
             ,
             he
             shall
             be
             amerced
             ,
             and
             then
             the
             party
             interdicted
             may
             be
             excommunicated
             .
          
           
             So
             as
             the
             Process
             in
             the
             Spiritual
             Courts
             was
             to
             be
             regulated
             according
             to
             Law.
             Nor
             did
             it
             lie
             in
             the
             power
             of
             such
             Courts
             to
             order
             their
             own
             way
             ,
             or
             scatter
             the
             censure
             of
             Excommunication
             according
             to
             their
             own
             liking
             .
             This
             ,
             together
             with
             all
             those
             that
             forego
             ,
             the
             Arch-bishop
             upon
             his
             repentance
             absolutely
             withstood
             ,
             although
             he
             had
             twice
             consented
             ,
             and
             once
             subscribed
             to
             them
             ,
             
             having
             also
             received
             some
             kind
             of
             allowance
             thereof
             even
             from
             Rome
             it self
             .
          
           
             Clergy-men
             holding
             
               per
               Baroniam
            
             ,
             
             shall
             do
             such
             services
             as
             to
             their
             Tenure
             belong
             ,
             and
             shall
             assist
             in
             the
             King's
             Court
             till
             judgement
             of
             Life
             or
             Member
             .
          
           
           
             Two
             things
             are
             hereby
             manifest
             .
             First
             ,
             that
             notwithstanding
             the
             
             Conquerour's
             Law
             formerly
             mentioned
             ,
             Bishops
             still
             sate
             as
             Judges
             in
             the
             King's
             Courts
             ,
             as
             they
             had
             done
             in
             the
             Saxon
             times
             ;
             but
             it
             was
             upon
             causes
             that
             merely
             concerned
             the
             Laity
             ;
             so
             as
             the
             Law
             of
             the
             Conquerour
             extended
             onely
             to
             separate
             the
             Laity
             out
             of
             the
             Spiritual-Courts
             ,
             and
             not
             the
             Clergie
             out
             of
             the
             Lay-Courts
             .
             Secondly
             ,
             that
             the
             Clergie
             ,
             especially
             those
             of
             the
             greater
             sort
             ,
             questioned
             their
             services
             due
             by
             Tenure
             ,
             as
             if
             they
             intended
             neither
             Lord
             nor
             King
             ,
             but
             the
             Pope
             onely
             .
             Doubtless
             the
             use
             of
             Tenures
             in
             those
             times
             was
             of
             infinite
             consequence
             to
             the
             peace
             of
             the
             Kingdom
             ,
             and
             government
             of
             these
             Kings
             ;
             whenas
             by
             these
             principally
             ,
             not
             onely
             all
             degrees
             were
             united
             and
             made
             dependant
             from
             the
             Lord
             paramount
             to
             the
             Tenant
             peravale
             ,
             but
             especially
             the
             Clergie
             with
             the
             Laity
             upon
             the
             Crown
             ;
             without
             which
             ,
             a
             strange
             metamorphosis
             in
             Government
             must
             needs
             have
             ensued
             ,
             beyond
             the
             shape
             of
             any
             reasonable
             conceit
             ,
             the
             one
             half
             almost
             of
             the
             people
             in
             England
             being
             absolutely
             put
             under
             the
             Dominion
             of
             a
             foreign
             power
             .
          
           
             Sanctuary
             shall
             not
             protect
             forfeited
             Goods
             ,
             
             nor
             Clerks
             convicted
             or
             confessed
             .
          
           
             This
             was
             Law
             ;
             but
             violence
             did
             both
             now
             and
             afterwards
             much
             obliterate
             it
             .
          
           
             Churches
             holden
             of
             the
             King
             shall
             not
             be
             aliened
             without
             License
             .
             
          
           
             It
             was
             an
             ancient
             Law
             of
             the
             Saxons
             ,
             that
             no
             Tenements
             holden
             by
             service
             could
             be
             aliened
             without
             License
             or
             consent
             of
             the
             Lord
             ,
             because
             of
             the
             Allegiance
             between
             Lord
             and
             Tenant
             .
             Now
             there
             was
             no
             question
             but
             that
             Churches
             might
             lie
             in
             Tenure
             as
             well
             as
             other
             Tenements
             ;
             but
             the
             strife
             was
             by
             the
             Church-men
             ,
             to
             hold
             their
             Tenements
             free
             from
             all
             humane
             service
             ;
             which
             the
             King
             withstood
             .
          
           
             Sons
             of
             the
             Laity
             shall
             not
             be
             admitted
             into
             a
             Monastery
             without
             the
             Lord's
             consent
             .
             
          
           
             Upon
             the
             same
             ground
             with
             the
             former
             :
             for
             the
             Lord
             had
             not
             onely
             right
             in
             his
             Tenant
             ,
             which
             could
             not
             be
             aliened
             without
             his
             consent
             ,
             but
             also
             a
             right
             in
             his
             Tenant's
             Children
             ,
             in
             regard
             they
             in
             time
             might
             by
             descent
             become
             his
             Tenants
             ,
             and
             so
             lie
             under
             the
             same
             ground
             of
             Law
             :
             For
             although
             this
             be
             no
             alienation
             by
             legal
             purchase
             ,
             yet
             it
             is
             in
             nature
             of
             the
             same
             relation
             ;
             for
             he
             that
             is
             in
             a
             Monastery
             is
             dead
             to
             all
             worldly
             affairs
             .
          
           
             These
             then
             are
             the
             rights
             that
             the
             King
             claimed
             ,
             and
             the
             Clergy
             disclaimed
             at
             the
             first
             ;
             although
             upon
             more
             sober
             consideration
             they
             generally
             consented
             unto
             the
             five
             last
             :
             But
             their
             Captain-Archbishop
             Becket
             withstood
             the
             rest
             ,
             which
             cost
             him
             his
             life
             in
             the
             conclusion
             ;
             with
             this
             honourable
             testimony
             ,
             that
             his
             death
             ,
             
             Sampson-like
             ,
             effected
             more
             than
             his
             life
             :
             For
             the
             main
             thing
             of
             all
             the
             rest
             the
             Pope
             gained
             to
             be
             friends
             ,
             for
             the
             loss
             of
             so
             great
             a
             stickler
             in
             the
             Church-affairs
             as
             Becket
             was
             .
          
           
             In
             this
             Tragedy
             the
             Pope
             observing
             how
             the
             English
             Bishops
             had
             forsaken
             
             their
             Archbishops
             ,
             espied
             a
             muse
             through
             which
             all
             the
             game
             of
             the
             Popedom
             might
             soon
             escape
             ,
             and
             the
             Pope
             be
             left
             to
             sit
             upon
             Thorns
             in
             regard
             of
             his
             Authority
             here
             in
             England
             .
             For
             let
             the
             Metropolitan
             of
             all
             England
             be
             a
             sworn
             servant
             to
             the
             Metropolitan
             of
             the
             Christian
             World
             ,
             and
             the
             rest
             of
             the
             English
             Bishops
             not
             concur
             ,
             it
             will
             make
             the
             Tripple
             Crown
             at
             the
             best
             but
             double
             .
             
             Alexander
             the
             Pope
             therefore
             meaned
             not
             to
             trust
             their
             fair
             natures
             any
             longer
             ;
             but
             puts
             an
             Oath
             upon
             every
             English
             Bishop
             ,
             
             to
             take
             before
             their
             consecration
             ,
             whereby
             he
             became
             bound
             
               
                 1.
                 
                 To
                 absolute
                 allegiance
                 to
                 the
                 Pope
                 and
                 Romish
                 Church
                 .
              
               
                 2.
                 
                 Not
                 to
                 further
                 by
                 deed
                 or
                 consent
                 any
                 prejudice
                 to
                 them
                 .
              
               
                 3.
                 
                 To
                 conceal
                 their
                 Counsels
                 .
              
               
                 4.
                 
                 To
                 aid
                 the
                 Roman
                 Papacy
                 against
                 all
                 persons
                 .
              
               
                 5.
                 
                 To
                 assist
                 the
                 Roman
                 Legat.
                 
              
               
                 6.
                 
                 To
                 come
                 to
                 Synods
                 upon
                 Summons
                 .
              
               
                 7.
                 
                 To
                 visit
                 Rome
                 once
                 every
                 three
                 years
                 .
              
               
                 8.
                 
                 Not
                 to
                 sell
                 any
                 part
                 of
                 their
                 Bishoprick
                 without
                 consent
                 of
                 the
                 Pope
                 .
              
            
          
           
             And
             thus
             the
             English
             Bishops
             that
             formerly
             did
             but
             regard
             Rome
             ,
             now
             give
             their
             Estates
             ,
             Bodies
             and
             Souls
             unto
             her
             service
             ;
             that
             which
             remains
             ,
             the
             King
             of
             England
             may
             keep
             :
             
             And
             well
             it
             was
             that
             it
             was
             not
             worse
             ,
             considering
             that
             the
             King
             had
             vowed
             perpetual
             enmity
             against
             the
             Pope
             .
             But
             he
             wisely
             perceiving
             that
             the
             King's
             spirit
             would
             up
             again
             ,
             having
             thus
             gotten
             the
             main
             battle
             ,
             durst
             not
             adventure
             upon
             the
             King's
             rear
             ,
             lest
             he
             might
             turn
             head
             :
             
             and
             so
             he
             let
             the
             King
             come
             off
             with
             the
             loss
             of
             Appeals
             ,
             and
             an
             order
             to
             annul
             the
             customs
             that
             by
             him
             were
             brought
             in
             against
             the
             Church
             ,
             which
             in
             truth
             were
             none
             .
          
           
             This
             was
             too
             much
             for
             so
             brave
             a
             King
             as
             Henry
             the
             second
             ,
             to
             lose
             the
             scare-crow-power
             of
             Rome
             :
             yet
             it
             befel
             him
             as
             many
             great
             spirits
             ,
             that
             favour
             prevails
             more
             with
             them
             than
             fear
             or
             power
             :
             For
             being
             towards
             his
             last
             times
             worn
             with
             grief
             at
             his
             unnatural
             Sons
             ,
             a
             shadow
             of
             the
             kindness
             of
             the
             Pope's
             Legat
             unto
             him
             ,
             
             won
             that
             which
             the
             Clergy
             could
             never
             formerly
             wrest
             from
             him
             in
             these
             particulars
             granted
             by
             him
             :
             that
             ,
          
           
             No
             Clerk
             shall
             answer
             in
             the
             Lay-courts
             ,
             but
             onely
             for
             the
             Forest
             ,
             
             and
             their
             Lay-fee
             .
          
           
             This
             savoured
             more
             of
             courtesie
             than
             Justice
             ,
             and
             therefore
             we
             find
             not
             that
             the
             same
             did
             thrive
             ,
             nor
             did
             continue
             long
             in
             force
             as
             a
             Law
             ,
             although
             the
             claim
             thereof
             lasted
             .
          
           
             Vacancies
             shall
             not
             be
             holden
             in
             the
             King's
             hand
             above
             one
             
             year
             ,
             unless
             upon
             case
             of
             necessity
             .
          
           
             This
             seemeth
             to
             pass
             somewhat
             from
             the
             Crown
             ,
             but
             lost
             it
             nothing
             ;
             for
             if
             the
             Clergy
             accepted
             of
             this
             grant
             ,
             they
             thereby
             allow
             the
             Crown
             a
             right
             to
             make
             it
             ,
             and
             a
             liberty
             to
             determine
             its
             own
             right
             ,
             or
             continuing
             the
             same
             by
             being
             sole
             Judge
             of
             the
             necessity
             .
          
           
           
             
             Killers
             of
             Clerks
             convicted
             ,
             shall
             be
             punished
             in
             the
             Bishops
             presence
             by
             the
             King's
             Justice
             .
          
           
             In
             the
             licentious
             times
             of
             King
             Steven
             ,
             wherein
             the
             Clergy
             played
             Rex
             ,
             they
             grew
             so
             unruly
             ,
             that
             in
             a
             short
             time
             they
             had
             committed
             above
             a
             Hundred
             murthers
             .
             To
             prevent
             this
             evil
             ,
             the
             King
             ,
             loth
             to
             enter
             the
             List
             with
             the
             Clergy
             about
             too
             many
             matters
             ,
             let
             loose
             the
             
               Law
               of
               feud
            
             ,
             for
             the
             friends
             of
             the
             party
             slain
             to
             take
             revenge
             ;
             and
             this
             cost
             the
             bloud
             of
             many
             Clerks
             :
             The
             Laity
             haply
             ,
             being
             more
             industrious
             therein
             than
             otherwise
             they
             would
             have
             been
             ,
             because
             the
             Ecclesiastical
             Judge
             for
             the
             most
             part
             favoured
             them
             .
             As
             an
             expedient
             to
             all
             which
             ,
             this
             Law
             was
             made
             ,
             and
             so
             the
             Clergy
             was
             still
             left
             to
             their
             Clergy
             ,
             and
             Justice
             done
             upon
             such
             as
             sought
             their
             bloud
             .
          
           
             
               
               Clergy-men
               shall
               not
               be
               holden
               to
               trial
               by
               Battle
               .
            
          
           
             It
             was
             an
             ancient
             Law
             of
             the
             Saxons
             ,
             and
             either
             by
             neglect
             worn
             out
             of
             use
             ,
             or
             by
             the
             valour
             of
             the
             Clergie
             laid
             aside
             ,
             as
             resolving
             rather
             to
             adventure
             their
             own
             bloud
             ,
             than
             to
             end
             their
             quarrel
             before
             the
             Lay-Judge
             by
             Plea
             :
             but
             grown
             weary
             of
             that
             course
             ,
             and
             likely
             also
             put
             hard
             to
             the
             pinch
             upon
             Complaints
             made
             by
             them
             against
             Clerk-slayers
             ,
             they
             are
             fain
             to
             have
             recourse
             to
             their
             ancient
             Priviledge
             .
          
           
             Hitherto
             therefore
             it
             is
             manifest
             the
             Clergie
             were
             in
             their
             growing
             condition
             ,
             notwithstanding
             the
             policy
             and
             power
             of
             Henry
             the
             second
             ,
             who
             was
             the
             Paragon
             of
             that
             age
             .
          
           
             After
             him
             reigned
             Richard
             the
             first
             ,
             that
             must
             expiate
             his
             disobedience
             to
             his
             Father
             ,
             by
             obedience
             to
             his
             ghostly
             Father
             the
             Pope
             ,
             in
             undertaking
             the
             holy
             War
             ;
             and
             being
             gone
             ,
             left
             the
             Government
             in
             his
             absence
             so
             deeply
             intrusted
             to
             the
             Clergy
             ,
             as
             they
             could
             lose
             nothing
             of
             what
             they
             had
             gained
             ,
             unless
             they
             would
             ;
             and
             might
             have
             gained
             much
             more
             than
             they
             did
             or
             should
             ,
             had
             not
             the
             Bishop
             that
             was
             the
             overseer
             of
             the
             whole
             Kingdom
             been
             drunken
             with
             vanity
             ,
             and
             spued
             out
             his
             own
             shame
             .
             However
             the
             success
             was
             ,
             it
             was
             not
             contrary
             to
             the
             principles
             of
             those
             times
             :
             for
             Richard
             had
             experience
             in
             the
             Emperour
             Frederick
             and
             his
             Father's
             example
             ,
             that
             the
             Pope
             and
             Clergie
             were
             too
             hard
             for
             all
             the
             Potentates
             in
             Europe
             ,
             and
             therefore
             might
             most
             safely
             trust
             them
             with
             all
             he
             had
             at
             home
             ,
             whilst
             he
             was
             in
             their
             service
             abroad
             .
             Nor
             were
             they
             short
             of
             what
             was
             intrusted
             to
             them
             ,
             but
             stuck
             close
             for
             the
             maintenance
             of
             his
             right
             to
             the
             Crown
             ,
             and
             emptied
             themselves
             even
             to
             the
             very
             consecrated
             Vessels
             ,
             and
             procured
             the
             Laity
             of
             all
             sorts
             to
             do
             the
             like
             ,
             to
             save
             the
             Kingdom
             from
             the
             rape
             of
             strangers
             and
             usurpers
             ,
             who
             esteemed
             the
             King
             dead
             in
             Law
             ,
             and
             as
             one
             buried
             alive
             .
          
           
             Thus
             passed
             they
             to
             King
             John
             the
             Government
             ,
             supposing
             themselves
             well
             enough
             assured
             of
             what
             they
             had
             gotten
             by
             their
             several
             atchievements
             had
             under
             the
             Reigns
             of
             three
             several
             Kings
             successively
             :
             And
             King
             John
             might
             well
             enough
             have
             understood
             the
             times
             ,
             if
             he
             had
             seriously
             considered
             them
             :
             but
             being
             heightned
             all
             his
             life-time
             with
             lawless
             Government
             ,
             wherein
             he
             was
             trained
             up
             in
             Ireland
             ,
             he
             knew
             not
             how
             to
             stoop
             ,
             till
             he
             stooped
             so
             low
             as
             the
             Legat's
             Knee
             ,
             and
             his
             Crown
             at
             the
             Pope's
             Foot
             ;
             leaving
             an
             example
             to
             posterity
             to
             beware
             of
             striving
             with
             the
             Clergie
             .
          
           
           
             If
             then
             these
             sparks
             of
             ambition
             were
             so
             violent
             being
             alone
             ,
             certainly
             in
             their
             joynt
             consultations
             much
             more
             .
             They
             had
             long
             striven
             now
             since
             the
             Conquest
             to
             have
             excluded
             the
             Laity
             from
             their
             Synods
             ,
             and
             about
             these
             days
             effected
             it
             .
             And
             yet
             about
             Henry
             the
             second
             's
             time
             it
             may
             be
             supposed
             the
             thing
             either
             was
             not
             yet
             done
             ,
             or
             so
             lately
             ,
             that
             the
             Law
             was
             not
             clear
             in
             that
             point
             ;
             for
             
               Petrus
               Blecensis
            
             ,
             who
             was
             Arch-deacon
             of
             Bath
             about
             those
             times
             ,
             in
             his
             Epistle
             to
             the
             Arch-bishop
             of
             York
             concerning
             the
             restraint
             of
             the
             growing
             Sect
             of
             the
             Publicans
             ,
             he
             adviseth
             in
             these
             words
             :
             
               Accipite
               clerum
               ,
               congregate
               populum
               ,
               &
               ex
               eorum
               communi
               deliberatione
               ,
               qui
               Spiritum
               Domini
               habent
               ,
               terribilis
               constitutio
               promulgetur
               ,
            
             &c.
             
             And
             if
             the
             Historian
             doth
             not
             mistake
             ,
             the
             proceedings
             against
             that
             Sect
             being
             onely
             for
             errours
             in
             Religion
             ,
             was
             in
             a
             Council
             of
             Bishops
             and
             Lords
             .
             Nevertheless
             ,
             whether
             present
             or
             absent
             ,
             the
             Laity
             sate
             there
             as
             Cyphers
             ,
             making
             the
             number
             great
             ,
             but
             not
             valuable
             by
             themselves
             .
             For
             even
             in
             the
             Norman
             times
             they
             were
             brought
             so
             low
             ,
             as
             the
             Constitution
             made
             by
             the
             Clergie
             wrought
             more
             upon
             them
             ,
             than
             civility
             it self
             can
             work
             upon
             professors
             of
             Religion
             in
             these
             days
             .
             
             For
             it
             seems
             excess
             of
             long
             Hair
             was
             grown
             to
             that
             measure
             ,
             that
             the
             Synod
             cried
             out
             against
             it
             ,
             and
             decreed
             that
             men
             should
             cut
             their
             Hair
             so
             as
             their
             Eyes
             and
             laps
             of
             their
             Ears
             might
             be
             seen
             ;
             and
             the
             King
             himself
             ,
             I
             mean
             Henry
             the
             first
             ,
             submitted
             to
             this
             cut
             ,
             and
             made
             all
             his
             Knights
             to
             do
             the
             like
             ,
             and
             exposed
             themselves
             to
             the
             then-odious
             by-names
             of
             Clowns
             or
             Priests
             ,
             (
             like
             to
             the
             round-heads
             of
             these
             days
             )
             who
             formerly
             marched
             under
             the
             title
             of
             Criniti
             or
             Ruffians
             .
             This
             did
             but
             touch
             the
             Hair
             ,
             but
             they
             went
             to
             the
             quick
             ,
             when
             they
             decreed
             that
             Lords
             should
             not
             sell
             their
             Villains
             ,
             and
             that
             Outlawries
             should
             pass
             in
             certain
             particular
             cases
             ;
             as
             in
             the
             Constitutions
             of
             Archbishop
             Anselm
             may
             appear
             .
             Afterwards
             in
             these
             Kings
             times
             they
             flew
             at
             the
             Throat
             of
             the
             Government
             ,
             
             got
             all
             places
             of
             honour
             ,
             or
             profit
             ,
             or
             power
             ,
             whether
             for
             Peace
             or
             War
             ,
             under
             their
             gripe
             ;
             deposed
             and
             advanced
             as
             they
             pleased
             ,
             even
             to
             the
             Royal
             Throne
             it self
             ;
             and
             that
             not
             onely
             out
             of
             a
             sudden
             passion
             of
             State
             ,
             but
             advisedly
             concluded
             for
             a
             maxime
             .
             That
             
               the
               election
               of
               the
               King
               belonged
               to
               them
            
             ;
             as
             in
             the
             case
             of
             the
             election
             of
             Maude
             the
             Empress
             ,
             
             they
             did
             hold
             forth
             to
             all
             the
             World
             ;
             and
             in
             which
             the
             King
             also
             then
             flattered
             them
             ,
             as
             holding
             their
             Election
             so
             necessary
             ,
             that
             he
             kept
             the
             whole
             Synod
             in
             duress
             to
             have
             their
             votes
             for
             the
             election
             of
             his
             Son
             to
             be
             his
             Successor
             .
          
        
         
           
             CHAP.
             LX.
             Of
             the
             English
             Commonalty
             since
             the
             Normans
             time
             .
          
           
             THe
             dignity
             of
             the
             English
             Crown
             thus
             deflowred
             by
             the
             great
             men
             ,
             was
             no
             loss
             to
             the
             Common
             people
             :
             For
             as
             in
             all
             decays
             of
             Monarchy
             the
             great
             men
             get
             nothing
             if
             they
             please
             not
             the
             people
             ,
             so
             the
             King
             can
             hold
             nothing
             if
             they
             be
             not
             contented
             .
             And
             yet
             contented
             or
             not
             contented
             ,
             they
             could
             not
             gain
             much
             ;
             for
             as
             affairs
             stood
             then
             in
             the
             Christian
             world
             ,
             the
             Politicians
             discourse
             of
             three
             kinds
             of
             Government
             proved
             idle
             ;
             neither
             could
             
               Monarchy
               ,
               Aristocracy
            
             ,
             nor
             Democracy
             ,
             attain
             any
             semblable
             condition
             in
             any
             place
             ,
             so
             long
             as
             the
             Church
             held
             its
             design
             apart
             ,
             and
             prevailed
             to
             have
             the
             greatest
             share
             in
             all
             ;
             not
             now
             by
             the
             favour
             either
             of
             great
             or
             small
             ,
             but
             by
             a
             pretended
             
               divine
               right
            
             ,
             through
             
             which
             they
             now
             had
             gotten
             to
             their
             full
             pitch
             of
             Lordship
             in
             the
             Consciences
             of
             men
             .
             It
             must
             be
             acknowledged
             that
             this
             was
             a
             distemper
             in
             Government
             ;
             yet
             such
             it
             was
             ,
             as
             kept
             humours
             low
             ,
             and
             restrained
             the
             inordinate
             excesses
             that
             in
             all
             kinds
             of
             Government
             are
             subject
             to
             break
             forth
             ;
             so
             as
             neither
             King
             ,
             nor
             Lords
             ,
             nor
             People
             could
             swell
             into
             larger
             proportion
             than
             would
             suit
             with
             the
             ends
             of
             the
             Church-men
             .
             But
             to
             mind
             the
             matter
             in
             hand
             :
             somewhat
             the
             Commons
             gained
             in
             these
             stormy
             times
             :
             The
             Taxes
             that
             they
             were
             charged
             with
             ,
             were
             rather
             perswaded
             than
             imposed
             upon
             them
             ;
             and
             generally
             they
             were
             sparing
             in
             that
             work
             :
             and
             it
             is
             noted
             for
             the
             honour
             of
             King
             Steven
             ,
             that
             though
             he
             was
             seldom
             without
             War
             ,
             yet
             he
             not
             onely
             never
             charged
             the
             people
             with
             any
             Tax
             ,
             but
             released
             that
             of
             Dane-gelt
             ,
             and
             acquitted
             the
             Subject
             for
             ever
             of
             that
             Tax
             ,
             which
             former
             Kings
             challenged
             as
             their
             right
             ;
             all
             which
             shew
             him
             to
             be
             a
             brave
             King
             ,
             if
             he
             was
             not
             a
             very
             rich
             man.
             Henry
             the
             second
             was
             more
             heavy
             ,
             because
             he
             had
             more
             to
             do
             :
             yet
             find
             we
             but
             one
             assessment
             ,
             which
             was
             Escuage
             ,
             unless
             for
             the
             
               holy
               War
            
             ,
             which
             was
             more
             the
             Clergy-mens
             than
             his
             .
             Richard
             was
             yet
             a
             greater
             burthen
             :
             his
             Reign
             was
             troublesome
             to
             him
             ,
             and
             he
             deserved
             it
             ;
             for
             from
             the
             beginning
             thereof
             to
             the
             ending
             ,
             could
             never
             the
             guilt
             of
             his
             disobedience
             to
             his
             Father
             be
             blotted
             out
             :
             but
             it
             was
             more
             troublesome
             to
             the
             people
             ,
             because
             it
             cost
             so
             much
             treasure
             ,
             was
             managed
             by
             such
             ill
             Governours
             ,
             (
             except
             the
             Archbishop
             of
             Canterbury
             )
             and
             was
             unsuccessful
             in
             most
             of
             his
             undertakings
             ;
             yet
             never
             invaded
             the
             liberties
             of
             the
             Commons
             by
             any
             face
             of
             Prerogative
             But
             what
             wanted
             in
             him
             ,
             was
             made
             compleat
             and
             running
             over
             in
             his
             Successor
             John
             ,
             who
             (
             to
             speak
             in
             the
             most
             moderate
             sence
             of
             his
             Government
             )
             being
             given
             over
             to
             himself
             ,
             when
             he
             was
             not
             himself
             ,
             robbed
             the
             Lords
             of
             their
             authority
             ,
             bereaved
             the
             Church
             of
             its
             Rights
             ,
             trod
             under
             foot
             the
             Liberties
             of
             the
             people
             ,
             wasted
             his
             own
             Prerogative
             :
             and
             having
             brought
             all
             things
             into
             despair
             ,
             comes
             a
             desperate
             cure
             ;
             the
             head
             is
             cut
             off
             to
             save
             the
             body
             ,
             and
             a
             president
             left
             for
             them
             that
             list
             to
             take
             it
             up
             in
             future
             ages
             .
             And
             thus
             that
             which
             Steven
             gave
             ,
             Henry
             the
             second
             lost
             ,
             Richard
             the
             first
             would
             not
             regain
             ,
             and
             John
             could
             not
             ;
             and
             so
             all
             were
             gainers
             but
             the
             Crown
             .
          
        
         
           
             CHAP.
             LXI
             .
             Of
             Judicature
             ,
             the
             Courts
             ,
             and
             their
             Judges
             .
          
           
             IT
             is
             no
             silent
             argument
             that
             the
             Commons
             gain
             ,
             where
             Laws
             grow
             into
             course
             ;
             and
             it
             was
             the
             lot
             of
             these
             troublesome
             times
             to
             lay
             a
             foundation
             of
             a
             constant
             Government
             ,
             such
             as
             all
             men
             might
             learn
             ,
             which
             formerly
             was
             laid
             up
             onely
             in
             the
             breasts
             of
             wise
             experienced
             men
             .
             The
             two
             most
             considerable
             points
             in
             Government
             ,
             is
             the
             Law
             ,
             and
             the
             Execution
             ;
             the
             latter
             being
             the
             life
             of
             the
             former
             ,
             and
             that
             of
             the
             Common-wealth
             .
             I
             say
             not
             that
             the
             Law
             was
             augmented
             in
             the
             body
             of
             it
             ,
             or
             that
             the
             Execution
             had
             a
             freer
             course
             than
             in
             the
             best
             of
             the
             former
             times
             ;
             but
             both
             were
             more
             and
             more
             cleared
             to
             the
             world
             in
             many
             particulars
             ,
             as
             well
             touching
             matters
             concerning
             practice
             of
             the
             Law
             ,
             as
             touching
             rules
             of
             righteousness
             .
             For
             the
             first
             whereof
             ,
             we
             are
             beholding
             to
             Glanvil
             in
             Henry
             the
             second
             's
             time
             ;
             and
             for
             the
             latter
             ,
             to
             King
             John
             ,
             or
             rather
             the
             Barons
             in
             his
             time
             ,
             in
             the
             publishing
             of
             the
             
               Grand
               Charter
            
             ,
             or
             an
             
             enumeration
             of
             the
             Liberties
             or
             Customes
             of
             the
             people
             derived
             from
             the
             Saxons
             ;
             revived
             ,
             continued
             ,
             and
             confirmed
             by
             the
             Normans
             and
             their
             Successors
             :
             which
             for
             the
             present
             I
             shall
             leave
             in
             
               lance
               dubio
            
             ,
             to
             stand
             or
             fall
             ,
             till
             occasion
             shall
             be
             of
             clearing
             the
             point
             ,
             in
             regard
             that
             King
             John
             soon
             repented
             of
             his
             Oath
             ,
             (
             the
             Bond
             of
             his
             consent
             )
             and
             to
             heal
             the
             Wound
             ,
             got
             the
             Pope's
             pardon
             and
             blessing
             thereupon
             :
             so
             easie
             a
             thing
             it
             was
             for
             a
             Son
             of
             the
             Roman
             Church
             to
             pass
             for
             a
             good
             Catholick
             in
             an
             unrighteous
             way
             .
          
           
             The
             execution
             of
             the
             Law
             was
             done
             in
             several
             Courts
             ,
             according
             to
             the
             several
             kinds
             of
             affairs
             ,
             whereof
             some
             concerned
             matters
             of
             Crime
             and
             Penalty
             ;
             and
             this
             touched
             the
             King's
             honour
             ,
             and
             safety
             of
             the
             persons
             of
             himself
             and
             his
             Subjects
             ,
             and
             therefore
             are
             said
             to
             be
             
               contra
               coronam
               &
               dignitatem
            
             ,
             &c.
             
             The
             second
             sort
             concern
             the
             profits
             of
             the
             Crown
             ,
             or
             treasure
             of
             the
             Kingdom
             .
             The
             third
             concern
             the
             
               safety
               of
               the
               Estates
               of
               the
               people
               .
            
             These
             three
             works
             were
             appointed
             unto
             three
             several
             Courts
             ,
             who
             had
             their
             several
             Judges
             especially
             appointed
             to
             that
             work
             .
             Originally
             they
             were
             in
             one
             ,
             viz.
             in
             the
             supream
             Court
             of
             Judicature
             ,
             the
             Court
             of
             Lords
             ,
             whereof
             formerly
             was
             spoken
             ;
             but
             after
             ,
             through
             increase
             of
             affairs
             ,
             by
             them
             deputed
             or
             committed
             to
             the
             care
             of
             several
             men
             that
             were
             men
             of
             skill
             in
             such
             affairs
             ,
             and
             yet
             retained
             the
             Supremacy
             in
             all
             such
             cases
             still
             .
             And
             because
             that
             which
             concerned
             the
             
               publick
               Treasure
            
             was
             of
             more
             publick
             regard
             than
             the
             other
             ,
             the
             deputation
             thereof
             was
             committed
             probably
             to
             some
             of
             their
             own
             members
             ,
             
             who
             in
             those
             days
             were
             Barons
             of
             the
             Realm
             ,
             and
             afterwards
             retained
             the
             Title
             ,
             but
             not
             the
             Degree
             ;
             and
             therefore
             were
             called
             for
             distinction-sake
             ,
             
               Barons
               of
               the
               Exchequer
            
             .
             The
             particular
             times
             of
             these
             deputations
             appear
             not
             clearly
             out
             of
             any
             monument
             of
             antiquity
             ;
             nevertheless
             it
             is
             clear
             to
             me
             that
             it
             was
             before
             Henry
             the
             second
             's
             time
             ,
             as
             well
             because
             Henry
             the
             first
             had
             his
             
               Judex
               fiscalis
            
             ,
             
             as
             Glanvil
             so
             frequently
             toucheth
             upon
             the
             King's
             Court
             of
             Pleas
             ,
             which
             cannot
             be
             intended
             at
             the
             Court
             of
             Lords
             ;
             for
             that
             in
             those
             days
             was
             never
             summoned
             but
             in
             time
             of
             Parliament
             ,
             or
             some
             other
             special
             occasion
             .
             But
             more
             principally
             because
             the
             Historian
             speaking
             of
             the
             Judges
             itinerant
             ,
             
             reciteth
             some
             to
             be
             of
             the
             Common-pleas
             ;
             which
             sheweth
             that
             there
             was
             in
             those
             days
             a
             distinction
             of
             Jurisdiction
             in
             Judicatures
             .
             And
             it
             may
             very
             well
             be
             conceived
             that
             this
             distinction
             of
             Judicature
             was
             by
             advice
             of
             the
             Parliament
             after
             that
             the
             
               Grand
               Council
            
             of
             Lords
             was
             laid
             aside
             by
             Kings
             ,
             and
             a
             Privy-Council
             taken
             up
             ,
             unto
             whom
             could
             not
             regularly
             belong
             any
             juridical
             power
             ,
             because
             that
             remained
             originally
             in
             the
             grand
             assembly
             of
             the
             Lords
             .
          
           
             Over
             these
             Courts
             ,
             or
             two
             of
             them
             ,
             one
             man
             had
             the
             prime
             Title
             of
             
               Chief
               Justice
            
             ,
             who
             then
             was
             called
             
               Lord
               Chief
               Justice
            
             of
             England
             ,
             and
             whose
             office
             was
             much
             of
             the
             nature
             of
             the
             King's
             Lieutenant
             in
             all
             causes
             and
             places
             ,
             as
             well
             in
             War
             as
             Peace
             ;
             and
             sometimes
             was
             appointed
             to
             one
             part
             of
             the
             Kingdom
             ,
             and
             by
             reason
             thereof
             had
             the
             name
             onely
             of
             that
             part
             ,
             and
             some
             other
             of
             the
             other
             parts
             .
             The
             greatness
             of
             this
             Office
             was
             such
             ,
             as
             the
             man
             for
             necessity
             of
             state
             was
             continually
             resident
             at
             the
             Court
             ,
             and
             by
             this
             means
             the
             King's
             Court
             was
             much
             attended
             by
             all
             sorts
             of
             persons
             ;
             which
             proved
             in
             after-times
             as
             grievous
             the
             King
             ,
             as
             it
             was
             burthensome
             to
             the
             people
             .
             Other
             Judges
             there
             were
             ,
             which
             were
             chosen
             for
             their
             learning
             and
             experience
             ,
             most
             of
             them
             being
             of
             the
             Clergie
             ,
             as
             were
             also
             the
             under-Officers
             of
             those
             Courts
             ;
             for
             those
             times
             were
             Romes
             hour
             ,
             and
             the
             power
             of
             darkness
             .
          
           
             Other
             Courts
             also
             were
             in
             the
             Country
             ,
             and
             were
             Vicontiel
             or
             Courts
             
             of
             Sheriffs
             ,
             and
             Lords
             of
             Hundreds
             and
             Corporations
             ,
             and
             Lordships
             ,
             as
             formerly
             ;
             and
             these
             were
             setled
             in
             some
             place
             .
             But
             others
             there
             were
             ,
             which
             were
             itinerant
             ,
             over
             which
             certain
             Judges
             presided
             ,
             which
             were
             elected
             by
             the
             Grand-Council
             of
             Lords
             ,
             
             and
             sent
             by
             Commission
             from
             King
             Henry
             the
             second
             throughout
             the
             Kingdom
             ,
             then
             divided
             into
             Six
             Circuits
             ,
             unto
             each
             of
             which
             was
             assigned
             Three
             Justices
             ;
             so
             as
             the
             whole
             number
             of
             Justices
             then
             was
             Eighteen
             .
             The
             office
             was
             before
             the
             coming
             of
             the
             Saxons
             over
             hither
             ,
             but
             the
             assignation
             was
             new
             ;
             as
             also
             was
             their
             Oath
             ,
             for
             they
             were
             sworn
             .
             But
             the
             number
             continued
             not
             long
             ,
             for
             within
             four
             years
             the
             King
             re-divided
             the
             Land
             into
             four
             Circuits
             ,
             and
             unto
             each
             Circuit
             assigned
             five
             Justices
             ,
             making
             in
             the
             whole
             the
             number
             of
             Twenty
             and
             one
             Justices
             ;
             for
             the
             
               Northern
               Circuit
            
             had
             six
             Justices
             ,
             
             which
             the
             King
             made
             Justices
             of
             the
             
               Common
               pleas
            
             throughout
             the
             Kingdom
             .
             
             Neither
             yet
             did
             the
             first
             Commission
             continue
             so
             long
             as
             four
             years
             ;
             for
             within
             that
             time
             
               Richard
               Lucy
            
             one
             of
             the
             Justices
             had
             renounced
             his
             Office
             and
             betaken
             himself
             to
             a
             Cloister
             ,
             and
             yet
             was
             neither
             named
             in
             the
             first
             Commission
             nor
             in
             the
             latter
             ;
             nor
             did
             the
             last
             Commission
             continue
             five
             years
             ;
             
             for
             within
             that
             time
             
               Ralph
               Glanvil
            
             removed
             from
             the
             Northern
             Circuit
             to
             that
             of
             Worcester
             ,
             as
             by
             the
             story
             of
             Sir
             
               Gilbert
               Plumpton
            
             may
             appear
             ,
             though
             little
             to
             the
             honour
             of
             the
             justice
             of
             the
             Kingdom
             ,
             or
             of
             that
             Judge
             ,
             however
             his
             book
             commended
             him
             to
             posterity
             .
             I
             take
             it
             upon
             the
             credit
             of
             the
             reporter
             ,
             that
             this
             itinerary
             judicature
             was
             setled
             to
             hold
             every
             Seven
             years
             ;
             
             but
             I
             find
             no
             monument
             thereof
             before
             these
             days
             .
          
           
             As
             touching
             their
             power
             ,
             certainly
             it
             was
             in
             point
             of
             judicature
             as
             large
             as
             that
             of
             the
             Court
             of
             Lords
             ,
             though
             not
             so
             high
             :
             It
             was
             as
             large
             ,
             because
             they
             had
             cognizance
             of
             all
             Causes
             both
             concerning
             the
             Crown
             and
             Common-pleas
             .
             
             And
             amongst
             those
             of
             the
             Crown
             this
             onely
             I
             shall
             note
             ,
             that
             all
             manner
             of
             falshood
             was
             inquirable
             by
             those
             Judges
             ,
             which
             after
             came
             to
             be
             much
             invaded
             by
             the
             Clergie
             .
          
           
             I
             shall
             say
             no
             more
             of
             this
             ,
             but
             that
             in
             their
             original
             these
             Iters
             were
             little
             other
             than
             visitations
             of
             the
             Country
             by
             the
             grand
             Council
             of
             Lords
             .
             Nor
             shall
             I
             adde
             any
             thing
             concerning
             the
             Vicontiel
             Courts
             and
             other
             inferiour
             but
             what
             I
             find
             in
             Glanvil
             ;
             
             that
             though
             Robbery
             belonged
             to
             the
             King's
             Court
             ,
             yet
             Thefts
             belonged
             to
             the
             Sheriff's
             Court
             ;
             and
             (
             if
             the
             Lords
             Court
             intercepts
             not
             )
             all
             batteries
             and
             woundings
             ,
             unless
             in
             the
             complaint
             they
             be
             charged
             to
             be
             done
             
               contra
               pacem
               Domini
               Regis
            
             :
             
             the
             like
             also
             of
             inferiour
             Trespasses
             ,
             besides
             Common-pleas
             ,
             whereof
             more
             shall
             follow
             in
             the
             next
             Chapter
             as
             occasion
             shall
             be
             .
          
        
         
           
             CHAP.
             LXII
             .
             Of
             certain
             Laws
             of
             Judicature
             in
             the
             time
             of
             Henry
             the
             second
             .
          
           
             ANd
             hereof
             I
             shall
             note
             onely
             a
             few
             as
             well
             touching
             matter
             of
             the
             Crown
             as
             of
             property
             ,
             being
             desirous
             to
             observe
             the
             changes
             of
             Law
             with
             the
             times
             ,
             and
             the
             manner
             of
             the
             growth
             thereof
             to
             that
             pitch
             which
             in
             these
             times
             it
             hath
             attained
             .
          
           
           
             We
             cannot
             find
             in
             any
             story
             ,
             that
             the
             Saxon
             Church
             was
             infested
             with
             
             any
             Heresie
             ,
             
             from
             their
             first
             entrance
             ,
             till
             this
             present
             Generation
             .
             The
             first
             and
             last
             Heresie
             that
             ever
             troubled
             this
             Island
             ,
             was
             imbred
             by
             Pelagius
             ;
             but
             that
             was
             amongst
             the
             Britains
             ,
             and
             was
             first
             battered
             by
             the
             Council
             or
             Synod
             under
             Germanus
             ;
             but
             afterwards
             suppressed
             by
             the
             Zeal
             of
             the
             Saxons
             ,
             who
             liked
             nothing
             of
             the
             British
             breed
             ,
             and
             for
             whose
             sake
             it
             suffered
             more
             haply
             than
             for
             the
             foulness
             of
             the
             opinion
             .
             The
             Saxon
             Church
             ,
             
             leavened
             from
             Rome
             for
             the
             space
             of
             above
             five
             hundred
             years
             ,
             held
             on
             its
             course
             ,
             without
             any
             intermission
             by
             cross
             Doctrine
             springing
             up
             ,
             till
             the
             time
             of
             Henry
             the
             second
             .
             Then
             entred
             a
             Sect
             whom
             they
             called
             Publicans
             ,
             but
             were
             the
             Albigences
             ;
             as
             may
             appear
             by
             the
             decree
             of
             Pope
             Alexander
             ,
             whose
             opinions
             I
             shall
             not
             trouble
             my
             course
             with
             :
             but
             it
             seems
             they
             were
             such
             as
             crossed
             their
             way
             ,
             and
             Henry
             the
             second
             made
             the
             first
             president
             of
             punishing
             Heresie
             in
             the
             Kingdom
             ,
             under
             the
             name
             of
             this
             Sect
             ;
             
             whom
             he
             caused
             to
             be
             brought
             before
             a
             Council
             of
             Bishops
             ,
             who
             endeavoured
             to
             convince
             them
             of
             their
             errour
             :
             but
             failing
             therein
             ,
             they
             pronounced
             them
             Hereticks
             ,
             and
             delivered
             them
             over
             to
             the
             
               Lay
               power
            
             ;
             by
             which
             means
             they
             were
             branded
             in
             the
             fore-head
             ,
             whipped
             ,
             and
             exposed
             to
             extremity
             of
             the
             cold
             ,
             (
             according
             to
             the
             decree
             of
             the
             Church
             )
             died
             .
             
             This
             was
             the
             manner
             and
             punishment
             of
             Hereticks
             in
             this
             Kingdom
             in
             those
             days
             ;
             
             albeit
             in
             seemeth
             they
             were
             then
             decreed
             to
             be
             burnt
             in
             other
             Countries
             ,
             if
             that
             Relation
             of
             
               Cog
               shall
            
             be
             true
             which
             Picardus
             noteth
             upon
             the
             13th
             Chapter
             of
             the
             History
             of
             William
             of
             Newberry
             ,
             out
             of
             which
             I
             have
             inserted
             this
             Relation
             .
          
           
             Another
             Case
             we
             meet
             with
             in
             Henry
             the
             second
             's
             time
             ,
             concerning
             Apostacy
             ,
             
             which
             was
             a
             Crime
             that
             as
             it
             seems
             died
             as
             soon
             as
             it
             was
             born
             ;
             
             for
             besides
             that
             one
             ,
             
             we
             find
             no
             second
             thereto
             in
             all
             the
             file
             of
             English
             story
             .
             The
             particular
             was
             ,
             that
             a
             Clerk
             had
             renounced
             his
             Baptism
             ,
             and
             turned
             Jew
             ;
             and
             for
             this
             was
             convicted
             by
             a
             Council
             of
             Bishops
             at
             Oxford
             ,
             and
             was
             burned
             .
             So
             as
             we
             have
             Apostacy
             punished
             with
             death
             ,
             and
             Heresie
             with
             a
             punishment
             that
             proved
             mortal
             ;
             and
             the
             manner
             of
             conviction
             of
             both
             by
             a
             Council
             of
             the
             Clergie
             ,
             and
             delivered
             over
             to
             the
             Lay-power
             ,
             who
             certainly
             proceeded
             according
             to
             the
             direction
             of
             the
             Canon
             ,
             or
             advice
             of
             the
             Council
             .
             These
             (
             if
             no
             more
             )
             were
             sufficient
             to
             demonstrate
             the
             growing
             power
             of
             the
             Clergie
             ,
             however
             brave
             the
             King
             was
             against
             all
             his
             Enemies
             in
             the
             field
             .
          
           
             Treason
             was
             anciently
             used
             onely
             as
             a
             Crime
             of
             breach
             of
             Trust
             or
             Fealty
             ,
             
             as
             hath
             been
             already
             noted
             ;
             
             now
             it
             grows
             into
             a
             sadder
             temper
             ,
             and
             is
             made
             all
             one
             with
             that
             of
             
               laesa
               Majestas
            
             ;
             and
             that
             Majesty
             that
             now-a-days
             is
             wrapped
             up
             wholly
             in
             the
             person
             of
             the
             King
             ,
             was
             in
             Henry
             the
             second
             's
             time
             imparted
             to
             the
             
               King
               and
               Kingdom
            
             ,
             as
             in
             the
             first
             times
             it
             was
             more
             related
             to
             the
             Kingdom
             .
             
             And
             therefore
             Glanvil
             in
             his
             book
             of
             Laws
             ,
             speaking
             of
             the
             Wound
             of
             Majesty
             ,
             exemplifies
             Sedition
             and
             destruction
             of
             the
             Kingdom
             ,
             
             to
             be
             in
             equal
             degree
             a
             Wound
             of
             Majesty
             ,
             with
             the
             destruction
             of
             the
             person
             of
             the
             King
             :
             and
             then
             he
             nameth
             Sedition
             in
             the
             Army
             ,
             and
             fraudulent
             conversion
             of
             Treasure-trove
             ,
             which
             properly
             belongs
             to
             the
             King.
             All
             which
             he
             saith
             are
             punished
             with
             Death
             and
             forfeiture
             of
             Estate
             ,
             and
             corruption
             of
             Bloud
             ;
             for
             so
             I
             take
             the
             meaning
             of
             the
             words
             in
             relation
             to
             what
             ensueth
             .
          
           
             Felonies
             ,
             of
             Manslaughter
             ,
             Burning
             ,
             Robbery
             ,
             Ravishment
             ,
             and
             Fausonry
             ,
             are
             
             to
             be
             punished
             with
             loss
             of
             Member
             and
             Estate
             .
             
          
           
           
             This
             was
             the
             Law
             derived
             from
             the
             Normans
             ,
             and
             accordingly
             was
             the
             direction
             in
             the
             Charge
             given
             to
             the
             Justices
             itinerant
             in
             Henry
             the
             second
             's
             time
             ,
             as
             appeareth
             in
             Hoveden
             .
             But
             Treason
             or
             Treachery
             against
             the
             Oath
             ,
             
             Fealty
             ,
             or
             Bond
             of
             Allegiance
             ,
             as
             of
             the
             Servants
             against
             the
             Lord
             ,
             was
             punished
             with
             certain
             and
             with
             painful
             deaths
             :
             And
             therefore
             though
             the
             murther
             of
             the
             King
             was
             Treason
             ,
             yet
             the
             murther
             of
             his
             Son
             was
             no
             other
             than
             as
             of
             another
             man
             ,
             unless
             it
             arose
             from
             those
             of
             his
             own
             Servants
             .
             
             The
             penalty
             of
             loss
             of
             Estate
             ,
             was
             common
             both
             to
             Treason
             and
             Felony
             ;
             it
             reached
             even
             unto
             Thefts
             ;
             in
             which
             case
             the
             forfeiture
             ,
             as
             to
             the
             Moveables
             ,
             
             was
             to
             the
             Sheriff
             of
             the
             County
             ,
             unto
             whose
             cognizance
             the
             case
             did
             belong
             :
             and
             the
             Land
             went
             to
             the
             Lord
             immediately
             ,
             and
             not
             to
             the
             King.
             But
             in
             all
             cases
             of
             Felony
             ,
             and
             of
             a
             higher
             nature
             ,
             the
             party
             (
             though
             not
             the
             King's
             Tenant
             )
             lost
             his
             personal
             Estate
             to
             the
             King
             for
             ever
             ,
             his
             Free-holds
             also
             for
             a
             year
             and
             a
             day
             ;
             after
             which
             ,
             they
             returned
             to
             the
             Lord
             of
             the
             Soil
             ,
             by
             way
             of
             Escheat
             .
             It
             seemeth
             also
             ,
             that
             the
             loss
             not
             onely
             of
             Chattels
             and
             Goods
             ,
             but
             also
             of
             Lands
             ,
             &c.
             extended
             to
             Outlawries
             (
             I
             conceive
             in
             case
             of
             Felony
             ;
             )
             and
             the
             King's
             Pardon
             in
             such
             case
             could
             not
             bind
             the
             Lord's
             right
             of
             Escheat
             ,
             although
             it
             might
             discharge
             the
             Goods
             ,
             and
             the
             year
             and
             day
             whereunto
             the
             King
             was
             entitled
             :
             which
             case
             alone
             sufficiently
             declareth
             what
             power
             Kings
             had
             in
             the
             Estates
             of
             their
             Subjects
             .
          
           
             
             Manslaughter
             made
             not
             bailable
             .
          
           
             This
             was
             Law
             in
             Henry
             the
             second
             's
             time
             ,
             although
             it
             crossed
             the
             Norman
             Law
             ;
             
             and
             questionless
             it
             was
             upon
             good
             ground
             :
             for
             the
             times
             now
             were
             not
             as
             those
             in
             the
             
             Conquerour's
             times
             ,
             when
             shedding
             of
             Bloud
             was
             accounted
             Valour
             ,
             and
             in
             most
             cases
             in
             order
             to
             the
             publick
             service
             .
             And
             now
             it
             seems
             it
             was
             a
             growing
             evil
             ,
             and
             that
             cried
             so
             loud
             ,
             as
             though
             in
             case
             of
             Treason
             bail
             might
             be
             allowed
             ,
             yet
             not
             in
             this
             case
             ,
             
               ubi
               ad
               terrorem
               aliter
               statutum
               est
               ,
            
             saith
             the
             Author
             .
          
           
             
             Robbers
             shall
             be
             committed
             to
             the
             Sheriff
             ,
             or
             in
             his
             absence
             to
             the
             next
             Castelane
             ,
             
             who
             shall
             deliver
             him
             to
             the
             Sheriff
             .
             And
             the
             Justices
             shall
             do
             right
             to
             them
             ,
             and
             unto
             Trespassers
             upon
             Land.
             
          
           
             By
             the
             
             Conquerour's
             Law
             these
             Offenders
             were
             bailable
             ;
             
             and
             I
             conceive
             this
             was
             no
             Repeal
             thereof
             ;
             and
             the
             rather
             ,
             because
             Glanvil
             alloweth
             of
             Pledges
             in
             all
             cases
             (
             except
             Manslaughter
             )
             yea
             in
             those
             Crimes
             that
             did
             wound
             Majesty
             it self
             ,
             although
             they
             concern
             the
             destruction
             of
             the
             King's
             person
             ,
             or
             Sedition
             in
             the
             Kingdom
             or
             Army
             thereof
             .
             The
             Justices
             herein
             mentioned
             ,
             were
             intended
             to
             be
             the
             Justices
             itinerant
             ;
             and
             the
             
               Trespasses
               upon
               Land
            
             ,
             are
             meant
             such
             as
             are
             
               contra
               pacem
               Domini
               Regis
            
             ,
             as
             riotous
             and
             forcible
             Entries
             :
             for
             some
             Trespasses
             were
             against
             the
             peace
             of
             the
             Sheriff
             ,
             as
             formerly
             hath
             been
             observed
             .
          
           
             
             Fauxonry
             is
             of
             several
             degrees
             or
             kinds
             :
             some
             against
             the
             King
             ,
             others
             against
             other
             men
             ;
             
             and
             of
             those
             against
             the
             King
             ,
             some
             are
             punished
             as
             Wounds
             of
             Majesty
             ,
             as
             
               falsifying
               the
               King's
               Charter
            
             :
             and
             whether
             
               falsifying
               of
               Money
            
             were
             in
             that
             condition
             or
             not
             ,
             I
             leave
             ;
             or
             
               falsifying
               of
               Measures
            
             ,
             yet
             more
             inferiour
             ,
             I
             cannot
             determine
             ;
             but
             it
             is
             clear
             by
             Glanvil
             ,
             that
             
               falsifying
               of
            
             the
             Deed
             of
             a
             private
             person
             ,
             was
             of
             smaller
             consideration
             ,
             and
             at
             the
             utmost
             deserved
             but
             loss
             of
             Member
             .
          
           
             Inheritances
             may
             not
             be
             aliened
             .
          
           
           
             Inheritances
             were
             in
             those
             times
             of
             Lands
             or
             Goods
             ;
             for
             it
             was
             the
             custom
             
             then
             ,
             
             that
             the
             personal
             Estate
             (
             the
             Debts
             deducted
             )
             was
             divisible
             into
             three
             parts
             ;
             one
             whereof
             belonged
             in
             right
             to
             the
             Wife
             as
             
               her
               reasonable
               part
            
             ,
             the
             other
             to
             the
             Heir
             ,
             and
             a
             third
             to
             the
             Testator
             to
             make
             his
             Will
             of
             them
             ;
             and
             of
             the
             other
             two
             parts
             he
             could
             not
             dispose
             by
             Will.
             Concerning
             Lands
             ,
             it
             was
             regularly
             true
             ,
             that
             no
             man
             could
             alien
             his
             whole
             Inheritance
             to
             the
             disherisin
             of
             his
             Heir
             ,
             either
             by
             Act
             in
             his
             life-time
             ,
             or
             any
             part
             thereof
             by
             his
             last
             Will
             ,
             without
             the
             concurrence
             of
             the
             Heir
             .
             But
             of
             purchased
             Lands
             he
             may
             give
             part
             by
             Act
             executed
             in
             his
             life-time
             ,
             though
             he
             have
             no
             Lands
             by
             inheritance
             ;
             and
             if
             he
             hath
             no
             Issue
             ,
             then
             he
             may
             alien
             all
             .
             And
             where
             a
             man
             hath
             Lands
             by
             inheritance
             ,
             and
             also
             by
             purchase
             ,
             he
             may
             alien
             all
             his
             purchased
             Lands
             as
             he
             pleaseth
             .
             If
             the
             Lands
             be
             holden
             in
             Gavel-kind
             ,
             no
             more
             of
             the
             Inheritance
             can
             be
             conveyed
             to
             any
             of
             the
             Children
             ,
             than
             their
             proportionable
             parts
             will
             amount
             unto
             .
             This
             Law
             of
             Inheritance
             was
             divers
             ,
             according
             to
             the
             Tenure
             :
             for
             the
             Lands
             in
             Knights-service
             always
             descended
             to
             the
             Heir
             ;
             but
             such
             as
             were
             holden
             in
             Socage
             passed
             according
             to
             the
             custom
             ,
             either
             to
             the
             eldest
             ,
             or
             to
             the
             youngest
             ,
             or
             to
             all
             equally
             .
             And
             thus
             stood
             the
             general
             state
             of
             Inheritance
             from
             the
             Normans
             time
             hitherto
             ,
             
             seeming
             somewhat
             too
             strait
             for
             the
             
               Free
               men
            
             ,
             that
             by
             Law
             of
             Property
             might
             challenge
             a
             power
             to
             do
             with
             their
             own
             as
             they
             pleased
             .
             But
             the
             Normans
             saw
             a
             double
             prejudice
             herein
             :
             the
             first
             was
             the
             danger
             of
             ruine
             of
             many
             of
             their
             Families
             ,
             who
             now
             ingrafted
             into
             the
             English
             stock
             ,
             and
             yet
             not
             fully
             ,
             one
             might
             expect
             a
             late
             check
             to
             their
             preferments
             from
             the
             Saxon
             Parents
             ,
             after
             a
             long
             and
             fair
             semblance
             made
             of
             their
             good
             Will.
             The
             second
             prejudice
             was
             the
             decay
             of
             their
             Militia
             ,
             which
             was
             maintained
             by
             Riches
             more
             than
             by
             multitude
             of
             men
             ;
             partly
             because
             that
             rich
             men
             are
             most
             fearful
             of
             offending
             ,
             and
             therefore
             ordinarily
             are
             most
             serviceable
             both
             with
             their
             Bodies
             and
             Estates
             against
             publick
             dangers
             ;
             and
             partly
             because
             by
             their
             Friends
             and
             Allies
             they
             bring
             more
             aid
             unto
             the
             publick
             ,
             by
             engaging
             them
             in
             the
             common
             Cause
             ,
             that
             otherwise
             might
             prove
             unsensible
             of
             the
             condition
             of
             their
             Country
             .
          
           
             The
             Heir
             of
             a
             Free-man
             shall
             by
             descent
             be
             in
             such
             seisin
             as
             his
             Ancestor
             had
             
             at
             the
             time
             of
             his
             death
             ,
             
             doing
             service
             ,
             and
             paying
             relief
             ;
             and
             shall
             have
             his
             Chattels
             .
          
           
             If
             the
             Heir
             be
             under
             age
             ,
             the
             Lord
             shall
             have
             the
             Wardship
             for
             the
             due
             time
             ,
             and
             the
             Wife
             her
             Dower
             and
             part
             of
             the
             Goods
             .
          
           
             If
             the
             Lord
             with-hold
             seisin
             ,
             the
             King's
             Justice
             shall
             try
             the
             matter
             by
             twelve
             men
             .
          
           
             The
             first
             of
             these
             branches
             is
             declaratory
             of
             a
             ground
             of
             common
             Law
             ;
             but
             being
             applied
             to
             the
             last
             ,
             is
             an
             introduction
             of
             a
             new
             Law
             of
             tryal
             of
             the
             Heir
             's
             Right
             by
             Assize
             of
             Mortdancester
             ,
             where
             formerly
             no
             remedy
             was
             left
             to
             the
             Heir
             ,
             but
             a
             
               Writ
               of
               Right
            
             .
             If
             these
             three
             branches
             be
             particularly
             observed
             ,
             they
             speak
             of
             three
             sorts
             of
             Heirs
             ;
             of
             
               Tenants
               by
               Knight-service
            
             ,
             viz.
             such
             as
             are
             Majors
             ,
             or
             of
             full
             age
             ;
             and
             such
             as
             are
             Minors
             ,
             or
             under
             age
             ;
             and
             such
             as
             are
             of
             a
             doubtful
             age
             .
             Those
             that
             are
             of
             full
             age
             at
             the
             death
             of
             their
             Ancestors
             ,
             may
             possess
             the
             Lands
             descended
             ,
             and
             the
             Lord
             may
             not
             disseize
             him
             thereof
             ;
             but
             may
             be
             resisted
             by
             the
             Heir
             in
             the
             maintenance
             of
             his
             possession
             ,
             so
             as
             he
             be
             ready
             to
             pay
             Relief
             ,
             and
             do
             service
             that
             is
             due
             :
             and
             if
             the
             Lord
             expel
             him
             ,
             he
             shall
             have
             remedy
             by
             Assize
             .
             Those
             Heirs
             that
             are
             Minors
             ,
             shall
             be
             under
             the
             Lord's
             guardianship
             till
             they
             come
             to
             one
             and
             twenty
             years
             .
             The
             Heirs
             of
             such
             
             as
             hold
             by
             Socage
             ,
             are
             said
             to
             be
             at
             full
             age
             at
             fifteen
             years
             ,
             because
             at
             that
             age
             they
             were
             thought
             able
             to
             do
             that
             service
             ;
             but
             the
             Sons
             of
             Burgesses
             are
             then
             said
             to
             be
             of
             full
             age
             ,
             when
             they
             have
             ability
             to
             manage
             their
             Father's
             Calling
             ,
             such
             as
             telling
             of
             Money
             ,
             measuring
             of
             Cloath
             ,
             and
             the
             like
             :
             yet
             doth
             not
             Glanvil
             ,
             or
             any
             other
             ,
             say
             that
             these
             were
             their
             full
             age
             to
             all
             purposes
             ;
             albeit
             that
             some
             Burroughs
             at
             this
             day
             hold
             the
             last
             in
             custom
             to
             all
             intents
             whatsoever
             .
             The
             last
             branch
             provideth
             the
             remedy
             to
             recover
             to
             the
             Heir
             his
             possession
             in
             case
             it
             be
             detained
             ,
             either
             through
             doubtfulness
             of
             age
             of
             the
             Heir
             ,
             or
             his
             Title
             :
             and
             it
             directs
             the
             Issue
             to
             be
             tryed
             by
             twelve
             men
             .
             This
             tryal
             some
             have
             thought
             to
             be
             of
             
             Glanvil's
             invention
             ;
             and
             it
             may
             well
             be
             that
             this
             tryal
             of
             this
             matter
             ,
             as
             thus
             set
             down
             ,
             was
             directed
             by
             him
             :
             yet
             he
             useth
             often
             in
             his
             book
             the
             word
             solet
             ,
             and
             in
             his
             Preface
             saith
             ,
             That
             he
             will
             set
             down
             
               frequentius
               usitata
            
             ;
             and
             it
             is
             past
             question
             ,
             but
             that
             the
             tryal
             by
             twelve
             men
             was
             much
             more
             ancient
             ,
             as
             hath
             been
             already
             noted
             .
             One
             thing
             more
             yet
             remaineth
             ,
             concerning
             the
             Widow
             of
             the
             Tenant
             ,
             whose
             Dower
             is
             not
             onely
             provided
             for
             ,
             but
             her
             reasonable
             part
             of
             her
             Husband
             's
             personal
             Estate
             .
             The
             original
             hereof
             was
             from
             the
             Normans
             ,
             and
             it
             was
             as
             popular
             as
             that
             of
             Wardships
             was
             Regal
             ;
             and
             so
             they
             made
             the
             English
             women
             as
             sure
             to
             them
             ,
             as
             they
             were
             sure
             of
             their
             Children
             .
          
           
             
             The
             Justices
             shall
             by
             Assize
             try
             Disseisins
             done
             since
             the
             King
             's
             coming
             over
             Sea
             ,
             next
             after
             the
             peace
             made
             between
             him
             and
             his
             Son.
             
          
           
             This
             is
             called
             the
             
               Assize
               of
               Novel
               disseisin
            
             ,
             or
             of
             disseisins
             lately
             made
             .
             It
             seems
             that
             the
             limitation
             was
             set
             for
             the
             Justices
             sake
             ,
             who
             now
             were
             appointed
             to
             that
             work
             which
             formerly
             belonged
             to
             the
             County-courts
             ;
             
             and
             to
             prevent
             intrenchments
             of
             Courts
             ,
             a
             limitation
             was
             determined
             ,
             although
             the
             copy
             seemeth
             to
             be
             mistaken
             :
             for
             the
             limitation
             in
             the
             Writ
             is
             from
             the
             King
             's
             last
             Voyage
             ,
             or
             going
             into
             Normandy
             .
          
           
             
             Justices
             shall
             do
             right
             upon
             the
             King
             's
             Writ
             for
             half
             a
             Knights
             Fee
             ,
             and
             under
             ,
             unless
             in
             cases
             of
             difficulty
             ,
             which
             are
             to
             be
             referred
             to
             the
             King.
             
          
           
             The
             Justices
             itinerant
             ended
             the
             smaller
             matters
             in
             their
             Circuits
             ;
             the
             other
             were
             reserved
             to
             the
             King
             in
             his
             Bench.
             
          
           
             
             Justices
             shall
             enquire
             of
             Escheats
             ,
             Lands
             ,
             Churches
             ,
             and
             Women
             ,
             in
             the
             King's
             gift
             :
             And
             of
             Castle-guard
             ,
             who
             ?
             how
             much
             ?
             and
             where
             ?
          
           
             So
             as
             the
             Judges
             itinerant
             had
             the
             work
             of
             Escheators
             ;
             and
             made
             their
             Circuits
             serve
             as
             well
             for
             the
             King's
             profit
             ,
             as
             justice
             to
             the
             Subjects
             .
             They
             used
             also
             to
             take
             Fealty
             of
             the
             people
             to
             the
             King
             at
             one
             certain
             time
             of
             the
             year
             ,
             and
             to
             demand
             Homage
             also
             .
             These
             matters
             of
             the
             King's
             Exchequer
             made
             the
             presence
             of
             the
             Judges
             less
             acceptable
             ,
             and
             it
             may
             be
             occasioned
             some
             kind
             of
             oppression
             .
             And
             as
             touching
             Castle-guard
             ,
             it
             was
             a
             Tenure
             in
             great
             use
             in
             these
             bloody
             times
             ;
             and
             yet
             it
             seemeth
             they
             used
             to
             take
             Rent
             instead
             of
             the
             personal
             service
             ,
             else
             had
             that
             enquiry
             (
             how
             much
             ?
             )
             been
             improper
             .
          
           
             
             Of
             a
             Tenants
             holding
             ,
             and
             of
             several
             Lords
             .
          
           
             That
             one
             man
             may
             hold
             several
             Lands
             of
             several
             Lords
             ,
             and
             so
             owe
             service
             to
             them
             all
             ,
             is
             so
             common
             ,
             as
             nothing
             can
             be
             more
             :
             nevertheless
             it
             will
             not
             be
             altogether
             out
             of
             the
             way
             ,
             to
             touch
             somewhat
             upon
             the
             
             nature
             of
             this
             mutual
             relation
             between
             Lord
             and
             Tenant
             in
             general
             ,
             that
             the
             true
             nature
             of
             the
             diversity
             may
             more
             fully
             appear
             .
             The
             foundation
             or
             subject
             of
             service
             was
             a
             piece
             of
             Land
             ,
             or
             other
             Tenement
             ,
             at
             the
             first
             given
             by
             the
             Lord
             to
             the
             Tenant
             ,
             in
             affirmance
             of
             a
             stipulation
             between
             them
             presupposed
             ,
             by
             the
             giving
             and
             receiving
             whereof
             the
             Tenant
             undertook
             to
             peform
             service
             to
             the
             Lord
             ,
             and
             the
             Lord
             undertook
             protection
             of
             the
             Tenant
             in
             his
             right
             to
             that
             Tenement
             .
             
             The
             service
             was
             first
             by
             service
             solemnly
             bound
             ,
             either
             by
             Oath
             ,
             which
             the
             Lord
             or
             his
             Deputy
             by
             the
             Common-Law
             hath
             power
             to
             administer
             ;
             as
             in
             the
             case
             of
             Fealty
             ,
             in
             which
             the
             Tenant
             bound
             himself
             to
             be
             true
             to
             the
             honour
             and
             safety
             of
             his
             Lords
             person
             ,
             and
             to
             perform
             the
             service
             due
             to
             the
             Lord
             for
             the
             Tenement
             so
             given
             ;
             or
             otherwise
             by
             the
             Tenants
             humble
             acknowledgment
             ,
             and
             promise
             not
             only
             to
             perform
             the
             services
             due
             ,
             but
             even
             to
             be
             devoted
             to
             the
             Lords
             service
             ,
             to
             honour
             him
             ,
             and
             to
             adventure
             limb
             and
             life
             ,
             and
             be
             true
             and
             faithful
             to
             the
             Lord.
             This
             is
             called
             Homage
             ,
             from
             those
             words
             ,
             
               I
               become
               your
               man
               Sir
            
             ;
             and
             yet
             promiseth
             upon
             the
             matter
             no
             more
             but
             fealty
             in
             a
             deeper
             complement
             ,
             albeit
             there
             be
             difference
             in
             the
             adjuncts
             belonging
             to
             eách
             .
             For
             though
             it
             be
             true
             that
             by
             promise
             of
             being
             the
             
               Lord's
               man
            
             ,
             a
             general
             service
             may
             seem
             to
             be
             implied
             ,
             yet
             in
             regard
             that
             it
             is
             upon
             occasion
             only
             of
             that
             present
             Tenure
             ,
             it
             seemeth
             to
             me
             that
             it
             is
             to
             be
             restrained
             only
             to
             those
             particular
             services
             which
             belong
             to
             that
             Tenement
             ;
             and
             therefore
             if
             that
             Tenement
             be
             holden
             in
             Socage
             ,
             although
             the
             Tenant
             be
             bound
             to
             homage
             ,
             yet
             that
             homage
             ties
             not
             the
             Tenant
             to
             the
             service
             of
             a
             Knight
             ;
             
             nor
             contrarily
             doth
             the
             homage
             of
             a
             Tenant
             in
             Knight-service
             tie
             him
             to
             that
             of
             Socage
             upon
             the
             command
             of
             his
             Lord
             ,
             though
             he
             professeth
             himself
             to
             be
             
               his
               man.
            
             Nor
             doth
             the
             Tenant's
             homage
             bind
             him
             against
             all
             men
             ,
             nor
             
               ad
               semper
            
             ;
             for
             in
             case
             he
             holdeth
             of
             two
             or
             divers
             Lords
             by
             homage
             for
             several
             Tenements
             ,
             
             and
             these
             two
             Lords
             be
             in
             War
             one
             against
             the
             other
             ,
             the
             Tenant
             must
             serve
             his
             chief
             Lord
             of
             whom
             the
             Capital
             house
             is
             holden
             ;
             or
             that
             Lord
             which
             was
             his
             by
             priority
             ,
             who
             may
             be
             called
             the
             chief
             Lord
             ,
             because
             having
             first
             received
             homage
             ,
             he
             received
             it
             absolutely
             from
             his
             Tenant
             ,
             with
             
               a
               saving
               of
               the
               Tenant's
               Faith
               made
               to
               other
               Lords
               and
               to
               the
               King
            
             ;
             who
             in
             order
             to
             the
             publick
             had
             power
             to
             command
             a
             Tenant
             into
             War
             against
             his
             own
             Lord.
             If
             therefore
             he
             be
             commanded
             by
             the
             King
             in
             such
             cases
             unto
             War
             ,
             
             he
             need
             not
             question
             the
             point
             of
             forfeiture
             ;
             but
             if
             he
             be
             commanded
             by
             a
             chief
             of
             his
             other
             Lords
             into
             War
             ,
             against
             a
             party
             in
             which
             another
             of
             his
             Lords
             is
             engaged
             ,
             his
             safest
             way
             is
             to
             enter
             upon
             the
             work
             ,
             because
             of
             his
             Allegiance
             to
             that
             Lord
             ,
             yet
             with
             a
             salvo
             of
             his
             fealty
             to
             that
             other
             Lord.
             
             But
             in
             all
             ordinary
             cases
             ,
             Tenants
             and
             Lords
             must
             have
             regard
             to
             their
             stipulation
             ,
             for
             otherwise
             ,
             if
             either
             break
             ,
             the
             other
             is
             discharged
             for
             ever
             ;
             and
             if
             the
             fault
             be
             in
             the
             Tenant
             ,
             his
             Tenement
             escheats
             to
             his
             Lord
             ;
             and
             if
             the
             Lord
             fail
             ,
             he
             loses
             his
             Tenure
             ,
             and
             the
             Tenant
             might
             thenceforth
             disclaim
             ,
             and
             hold
             over
             for
             ever
             .
             Nevertheless
             the
             Lords
             had
             two
             Priviledges
             by
             common
             custom
             belonging
             to
             their
             Tenures
             ,
             which
             although
             not
             mentioned
             in
             the
             stipulation
             ,
             were
             yet
             more
             valuable
             than
             all
             the
             rest
             ;
             the
             one
             concerning
             matter
             of
             profit
             ,
             the
             other
             of
             power
             :
             That
             of
             profit
             consisted
             in
             aids
             and
             relief
             .
             The
             aids
             were
             of
             three
             kinds
             ,
             
             one
             to
             make
             the
             Lords
             
               eldest
               Son
               Knight
            
             ,
             the
             other
             to
             
               marry
               his
               eldest
               Daughter
            
             ;
             the
             third
             to
             help
             him
             to
             pay
             a
             
               relief
               to
               his
               Lord
               Paramount
            
             ;
             which
             in
             my
             opinion
             sounds
             as
             much
             as
             if
             the
             Tenants
             were
             bound
             by
             their
             Tenures
             to
             aid
             their
             Lord
             in
             all
             cases
             of
             extraordinary
             charge
             (
             saving
             that
             the
             Lord
             could
             not
             distrain
             his
             Tenant
             
             
             for
             aid
             to
             his
             War
             )
             and
             this
             according
             to
             the
             Lords
             discretion
             ;
             
             for
             Glanvil
             saith
             that
             the
             Law
             determined
             nothing
             concerning
             the
             quantity
             or
             value
             of
             these
             aids
             .
             These
             were
             the
             Norman
             ways
             ,
             and
             savoured
             so
             much
             of
             Lordship
             ,
             that
             within
             that
             age
             they
             were
             regulated
             :
             But
             that
             of
             reliefs
             was
             an
             ancient
             sacrifice
             ,
             as
             of
             first-fruits
             of
             the
             Tenement
             to
             the
             Lord
             ,
             in
             memorial
             of
             the
             first
             Lords
             favour
             in
             conferring
             that
             Tenement
             ;
             and
             it
             was
             first
             setled
             in
             the
             Saxons
             time
             .
             The
             Lords
             Priviledge
             of
             power
             extended
             so
             far
             ,
             as
             to
             distrain
             his
             Tenants
             into
             his
             own
             Court
             to
             answer
             to
             himself
             ,
             in
             all
             causes
             that
             concerned
             his
             right
             ;
             and
             so
             the
             Lord
             became
             both
             Judge
             and
             Party
             ;
             which
             was
             soon
             felt
             and
             prevented
             ,
             as
             shall
             appear
             hereafter
             .
             Another
             priviledge
             of
             the
             Lords
             power
             ,
             was
             over
             the
             Tenants
             Heir
             after
             the
             Tenants
             death
             ,
             in
             the
             disposing
             of
             the
             Body
             during
             the
             minority
             and
             marriage
             of
             the
             same
             .
             As
             touching
             the
             disposing
             of
             the
             Body
             ,
             the
             Lord
             either
             retained
             the
             same
             in
             his
             own
             power
             ,
             or
             committed
             the
             same
             to
             others
             ;
             
             and
             this
             was
             done
             either
             
               pleno
               jure
            
             ,
             or
             rendring
             an
             account
             .
             As
             concerning
             the
             marriage
             of
             the
             Females
             that
             are
             Heirs
             ,
             or
             so
             apparent
             ,
             the
             Parents
             in
             their
             life-time
             cannot
             marry
             them
             without
             the
             Lords
             consent
             ;
             nor
             may
             they
             marry
             themselves
             after
             their
             Parents
             death
             ,
             without
             the
             same
             :
             and
             the
             Lords
             are
             bound
             to
             give
             their
             consent
             ,
             unless
             they
             can
             shew
             cause
             to
             the
             contrary
             .
             The
             like
             also
             of
             the
             Tenants
             Widows
             that
             have
             any
             Dowry
             in
             the
             Lands
             of
             such
             Tenure
             .
             And
             by
             such-like
             means
             as
             these
             ,
             the
             power
             of
             the
             Barons
             grew
             to
             that
             height
             ,
             that
             in
             the
             lump
             it
             was
             too
             massie
             both
             for
             Prince
             and
             Commons
             .
          
           
             
             Of
             the
             power
             of
             the
             last
             Will.
             
          
           
             It
             is
             a
             received
             opinion
             ,
             that
             at
             the
             common-Law
             no
             man
             could
             devise
             his
             Lands
             by
             his
             last
             Will.
             If
             thereby
             it
             be
             conceived
             to
             be
             against
             common
             reason
             ,
             I
             shall
             not
             touch
             that
             ;
             but
             if
             against
             custom
             of
             the
             ancient
             times
             ,
             I
             must
             suspend
             my
             concurrence
             therewith
             ,
             until
             those
             ancient
             times
             be
             defined
             :
             for
             as
             yet
             I
             find
             no
             testimony
             sufficient
             to
             assert
             that
             opinion
             ;
             but
             rather
             that
             the
             times
             hitherto
             had
             a
             sacred
             opinion
             of
             the
             
               last
               Will
            
             ,
             as
             of
             the
             most
             serious
             ,
             sincere
             ,
             and
             advised
             declaration
             of
             the
             most
             inward
             desires
             of
             a
             man
             ;
             which
             was
             the
             main
             thing
             looked
             unto
             in
             all
             Conveyances
             ,
             
               Voluntas
               donatoris
               de
               caetero
               observetur
            
             .
             And
             therefore
             nothing
             was
             more
             ordinary
             than
             for
             Kings
             in
             these
             times
             ,
             as
             much
             as
             in
             them
             did
             lie
             ,
             
             to
             dispose
             of
             their
             Crowns
             by
             their
             
               last
               Will.
            
             Thus
             King
             John
             appointed
             Henry
             the
             Third
             his
             Successour
             ;
             and
             Richard
             the
             first
             devised
             the
             Crown
             to
             King
             John
             ;
             and
             Henry
             the
             first
             gave
             all
             his
             Lands
             to
             his
             Daughter
             ;
             and
             William
             the
             Conqueror
             by
             his
             
               last
               Will
            
             ,
             gave
             Normandy
             to
             
               Robert
               ,
               England
            
             to
             William
             ,
             
             and
             to
             Henry
             his
             Mothers
             Lands
             .
             If
             then
             these
             things
             of
             greatest
             moment
             under
             Heaven
             were
             ordinarily
             disposed
             by
             the
             
               last
               Will
            
             ,
             was
             it
             then
             probable
             ,
             that
             the
             smaller
             Free-holds
             should
             be
             of
             too
             high
             esteem
             to
             be
             credited
             to
             such
             Conveyances
             ?
             I
             would
             not
             be
             mistaken
             ,
             as
             if
             I
             thought
             that
             Crowns
             and
             Empires
             were
             at
             the
             disposal
             of
             the
             
               last
               Will
            
             of
             the
             possessor
             ;
             nor
             do
             I
             think
             that
             either
             they
             were
             thus
             in
             this
             Kingdom
             ,
             or
             that
             there
             is
             any
             reason
             that
             can
             patronize
             that
             opinion
             ;
             yet
             it
             will
             be
             apparent
             that
             Kings
             had
             no
             sleight
             conceit
             of
             the
             
               last
               Will
            
             ,
             and
             knew
             no
             such
             infirmity
             in
             that
             manner
             of
             conveyance
             ,
             as
             is
             pretended
             ;
             or
             else
             would
             they
             never
             have
             spent
             that
             little
             breath
             left
             them
             in
             vain
             .
             
             I
             have
             observed
             the
             words
             of
             Glanvil
             concerning
             this
             point
             ,
             and
             I
             cannot
             find
             that
             he
             positively
             denyeth
             all
             conveyance
             of
             Land
             by
             Will
             ,
             but
             only
             in
             case
             of
             disherison
             ;
             the
             ground
             whereof
             is
             ,
             because
             it
             is
             contrary
             to
             the
             conveyance
             of
             the
             Law
             ;
             and
             yet
             in
             that
             case
             also
             alloweth
             
             of
             a
             disposing
             power
             by
             consent
             of
             the
             Heir
             ;
             which
             could
             never
             make
             good
             conveyance
             ,
             if
             the
             Will
             in
             that
             case
             were
             absolutely
             void
             ,
             and
             therefore
             his
             Authority
             lies
             not
             in
             the
             way
             .
             Nor
             doth
             the
             particular
             customs
             of
             places
             discountenance
             ,
             but
             rather
             advance
             this
             opinion
             :
             for
             if
             devises
             of
             Lands
             were
             incident
             to
             the
             Tenure
             in
             Gavel-kind
             ,
             and
             that
             so
             general
             in
             old
             time
             ,
             as
             also
             to
             the
             burgage
             Tenures
             ,
             which
             were
             the
             rules
             of
             Corporations
             and
             Cities
             ,
             
             
               Vbi
               Leges
               Angliae
               deperiri
               non
               possunt
               ,
               nec
               defraudari
               ,
               nec
               violari
               ,
            
             how
             can
             it
             be
             said
             contrary
             to
             the
             common
             Law
             ?
             And
             therefore
             those
             Conveyances
             of
             Lands
             by
             
               last
               Will
            
             ,
             that
             were
             in
             and
             after
             these
             times
             holden
             in
             use
             ,
             seem
             to
             me
             rather
             remnants
             of
             the
             more
             general
             custom
             ,
             wasted
             by
             positive
             Laws
             ,
             than
             particular
             customs
             growing
             up
             against
             the
             common
             rule
             .
             
             It
             is
             true
             ,
             that
             the
             Clergy
             put
             a
             power
             into
             the
             Pope
             to
             alter
             the
             Law
             ,
             as
             touching
             themselves
             in
             some
             cases
             :
             for
             Roger
             Arch-bishop
             of
             York
             procured
             a
             faculty
             from
             the
             Pope
             to
             ordain
             ,
             that
             no
             Ecclesiastical
             persons
             Will
             should
             be
             good
             ,
             unless
             made
             in
             health
             ,
             
             and
             not
             lying
             in
             extremity
             ;
             and
             that
             in
             such
             cases
             the
             Arch-bishop
             should
             possess
             himself
             of
             all
             such
             parties
             goods
             :
             but
             as
             it
             lasted
             not
             long
             ,
             so
             was
             himself
             made
             a
             president
             in
             the
             case
             ;
             for
             being
             overtaken
             with
             death
             e're
             he
             was
             provided
             ,
             he
             made
             his
             Will
             in
             his
             sickness
             ,
             and
             Henry
             the
             Second
             possessed
             himself
             of
             his
             Estate
             .
             And
             it
             is
             as
             true
             ,
             that
             
               Feme
               coverts
            
             in
             these
             days
             could
             make
             no
             Will
             of
             their
             
               reasonable
               part
            
             ,
             because
             by
             the
             Saxon
             Law
             it
             belonged
             joyntly
             to
             the
             Children
             .
             Nor
             could
             Vsurers
             continuing
             in
             that
             course
             at
             the
             time
             of
             their
             death
             make
             their
             Will
             ,
             because
             their
             personal
             Estate
             belonged
             to
             the
             King
             after
             their
             death
             ,
             and
             their
             Lands
             to
             their
             Lords
             by
             escheat
             ,
             although
             before
             death
             they
             lie
             open
             to
             no
             censure
             of
             Law
             :
             but
             this
             was
             by
             an
             especial
             Law
             made
             since
             the
             
             Conquerour's
             time
             ;
             for
             by
             the
             Saxon-Law
             they
             were
             reputed
             as
             Out-Laws
             .
             
             Nevertheless
             ,
             all
             these
             do
             but
             strengthen
             the
             general
             rule
             ,
             viz.
             That
             regularly
             the
             
               last
               Will
            
             was
             holden
             in
             the
             general
             a
             good
             conveyance
             in
             Law.
             If
             the
             Will
             were
             only
             intended
             and
             not
             perfected
             ,
             or
             no
             Will
             was
             made
             ,
             
             then
             the
             Lands
             passed
             by
             descent
             ,
             and
             the
             goods
             held
             course
             according
             to
             the
             
               Saxon
               Law
               ,
               viz.
            
             the
             next
             Kinsmen
             and
             Friends
             of
             the
             intestate
             did
             administer
             ,
             and
             as
             administrators
             ,
             they
             might
             sue
             by
             Writ
             out
             of
             the
             Kings
             Court
             ,
             although
             the
             Clergy
             had
             now
             obtained
             so
             much
             power
             ,
             as
             for
             the
             recovery
             of
             a
             Legacy
             ,
             or
             for
             the
             determining
             of
             the
             validity
             of
             the
             Will
             in
             its
             general
             nature
             ,
             it
             was
             transmitted
             to
             the
             
               Ecclesiastical
               Court.
            
             
          
        
         
           
             CHAP.
             LXIII
             .
             Of
             the
             Militia
             of
             this
             Kingdom
             during
             the
             Reign
             of
             these
             Kings
             .
          
           
             I
             Undertake
             not
             the
             debate
             of
             right
             ;
             but
             as
             touching
             matter
             of
             fact
             shortly
             thus
             much
             :
             that
             from
             the
             Norman
             times
             the
             power
             of
             the
             Militia
             rested
             upon
             two
             principles
             ;
             the
             one
             the
             Allegiance
             for
             the
             common
             defence
             of
             the
             King's
             person
             and
             honour
             ,
             and
             Kingdom
             ;
             and
             in
             this
             case
             the
             King
             had
             the
             power
             to
             levy
             the
             force
             of
             the
             Kingdom
             :
             nevertheless
             the
             cause
             was
             still
             under
             the
             cognizance
             of
             the
             great
             Council
             ,
             so
             far
             as
             to
             agree
             or
             disavow
             the
             War
             ,
             if
             they
             saw
             cause
             ;
             as
             appeared
             in
             the
             defections
             
             of
             the
             Barons
             in
             the
             quarrel
             between
             King
             Steven
             and
             the
             Empress
             ,
             and
             between
             King
             John
             and
             his
             Barons
             .
             The
             other
             principle
             was
             the
             service
             due
             to
             the
             Lord
             from
             the
             Tenant
             ,
             and
             by
             vertue
             hereof
             (
             especially
             whenas
             the
             liberty
             of
             the
             Commons
             was
             in
             question
             )
             the
             Militia
             was
             swayed
             by
             the
             Lords
             ,
             and
             they
             drew
             the
             people
             in
             Arms
             either
             one
             way
             or
             the
             other
             ,
             as
             the
             case
             appeared
             to
             them
             :
             the
             experience
             whereof
             the
             Kings
             from
             time
             to
             time
             felt
             ,
             to
             their
             extream
             prejudice
             ,
             and
             the
             Kingdoms
             damage
             .
             Nor
             did
             the
             former
             principle
             oversway
             the
             latter
             ,
             although
             it
             might
             seem
             more
             considerable
             ,
             but
             only
             in
             the
             times
             of
             civil
             peace
             ,
             when
             the
             Lords
             were
             quiet
             ,
             and
             the
             people
             well-conceited
             of
             the
             Kings
             aims
             in
             reference
             to
             the
             publick
             ;
             which
             happiness
             it
             was
             Henry
             the
             Second's
             lot
             to
             enjoy
             :
             for
             he
             being
             a
             Prince
             eminent
             amongst
             Princes
             both
             for
             endowments
             of
             mind
             and
             of
             outward
             estate
             ,
             not
             only
             gained
             honour
             abroad
             ,
             but
             much
             more
             amongst
             his
             own
             people
             at
             home
             ,
             who
             saw
             plainly
             that
             he
             was
             for
             Forraign
             employment
             of
             honour
             to
             the
             Kingdom
             ;
             and
             not
             only
             contented
             with
             what
             he
             had
             in
             England
             ,
             but
             imbarqued
             together
             with
             the
             Laity
             against
             the
             growing
             power
             of
             the
             Clergy
             ,
             for
             the
             defence
             and
             honour
             of
             the
             priviledges
             of
             the
             Crown
             ,
             wherein
             also
             the
             
               Liberties
               of
               the
               people
            
             were
             included
             .
             They
             therefore
             were
             secure
             in
             the
             Kings
             way
             ,
             and
             suffered
             themselves
             to
             be
             engaged
             unto
             the
             Crown
             further
             than
             they
             or
             their
             Ancestors
             formerly
             had
             been
             ,
             out
             of
             pretence
             of
             sudden
             extreme
             occasions
             of
             the
             Kingdom
             ,
             that
             would
             not
             be
             matched
             with
             the
             ordinary
             course
             of
             defence
             .
             For
             the
             King
             (
             finding
             by
             former
             experience
             that
             the
             way
             of
             Tenures
             was
             too
             lame
             a
             supply
             for
             his
             acquests
             abroad
             ,
             and
             that
             it
             had
             proved
             little
             better
             than
             a
             broken
             reed
             to
             the
             Crown
             in
             case
             of
             dispute
             with
             the
             people
             )
             aimed
             at
             a
             further
             reach
             than
             the
             Lords
             or
             Commons
             foresaw
             ;
             and
             having
             learned
             a
             trick
             in
             France
             ,
             brought
             it
             over
             (
             although
             it
             was
             neither
             the
             first
             nor
             last
             trick
             that
             England
             learned
             to
             their
             cost
             from
             France
             )
             which
             was
             a
             new
             way
             of
             levying
             of
             Men
             and
             Arms
             for
             the
             War
             ,
             
             by
             assessing
             upon
             every
             
               Knights
               Fee
               ,
               and
               upon
               every
               Free-man
               of
               the
               value
               of
               sixteen
               Marks
               yearly
               ,
               their
               certain
               Arms
               ;
               and
               upon
               every
               Free
               man
               of
               ten
               Marks
               yearly
               value
               ,
               their
               certain
               Arms
               ;
               and
               upon
               every
               Burgess
               and
               Free-man
               of
               an
               inferiour
               value
               ,
               their
               certain
               Arms.
               2.
               
               That
               these
               should
               be
               ready
               prepared
               against
               a
               certain
               day
               .
               3.
               
               That
               they
               should
               be
               kept
               and
               maintained
               from
               time
               to
               time
               in
               the
               Kings
               Service
               ,
               and
               at
               his
               command
               .
               4.
               
               That
               they
               should
               not
               be
               lent
               ,
               pledged
               ,
               sold
               ,
               or
               given
               away
               .
               5.
               
               That
               in
               case
               of
               death
               they
               should
               descend
               to
               the
               Heir
               ,
               who
               if
               under
               age
               ,
               should
               find
               a
               man
               to
               serve
               in
               his
               stead
               .
               6.
               
               That
               in
               case
               the
               owner
               were
               able
               ,
               he
               should
               be
               ready
               at
               a
               certain
               day
               with
               his
               Arms
               for
               the
               service
               of
               the
               King
               ,
            
             ad
             fidem
             Domini
             Regis
             &
             Regni
             sui
             .
             7.
             
             
               That
               unto
               this
               every
               man
               should
               be
               Sworn
               .
            
             I
             call
             this
             a
             new
             way
             of
             levying
             of
             Arms
             and
             Men
             ,
             not
             but
             that
             formerly
             other
             Free-men
             and
             Burgesses
             found
             Arms
             ,
             albeit
             they
             held
             not
             by
             
               Knight
               service
            
             ;
             for
             it
             was
             so
             ordained
             by
             the
             Conquerors
             Laws
             formerly
             used
             :
             but
             now
             the
             King
             thrust
             in
             two
             clauses
             (
             besides
             the
             altering
             of
             the
             Arms
             )
             the
             one
             concerning
             the
             Oath
             whereby
             all
             men
             became
             bound
             ;
             the
             other
             concerning
             the
             raising
             and
             ordering
             of
             Men
             and
             Arms
             ,
             which
             here
             seems
             to
             be
             referred
             to
             the
             King
             only
             ,
             and
             in
             his
             service
             ;
             and
             this
             I
             grant
             may
             imply
             much
             in
             common
             capacity
             ,
             viz.
             that
             all
             the
             
               power
               of
               the
               Militia
            
             is
             in
             Henry
             the
             Second
             .
             But
             this
             trick
             catched
             not
             the
             people
             according
             to
             the
             Kings
             meaning
             :
             for
             the
             words
             
               ad
               fidem
               Regis
               &
               Regni
            
             still
             left
             a
             muse
             for
             the
             people
             to
             escape
             ,
             if
             they
             were
             called
             out
             against
             their
             duty
             to
             the
             Kingdom
             ;
             and
             taught
             the
             doctrine
             
             which
             is
             not
             yet
             repealed
             ,
             
               viz.
               That
               what
               is
               not
               according
               to
               their
               Faith
               to
               the
               Kingdom
               ,
               is
               not
               according
               to
               their
               Faith
               to
               the
               King.
            
             And
             therefore
             they
             could
             find
             in
             their
             hearts
             sometimes
             to
             sit
             still
             at
             home
             ,
             when
             they
             were
             called
             forth
             to
             War
             :
             as
             may
             appear
             in
             one
             passage
             in
             the
             days
             of
             King
             John
             ,
             who
             had
             gathered
             together
             an
             Army
             for
             the
             opposing
             of
             foraign
             Power
             ,
             at
             such
             time
             as
             the
             Pope
             had
             done
             his
             worst
             against
             him
             and
             the
             whole
             Kingdom
             ;
             which
             Army
             was
             of
             such
             considerable
             strength
             ,
             as
             I
             believe
             none
             since
             the
             Conquest
             to
             this
             day
             exceeded
             or
             parallell'd
             it
             :
             But
             the
             King
             's
             mean
             submission
             to
             the
             Pope's
             Legat
             so
             distasted
             the
             Nobles
             and
             People
             ,
             as
             they
             left
             him
             to
             his
             own
             shifts
             ;
             and
             that
             in
             such
             manner
             ,
             as
             although
             afterwards
             he
             had
             advantage
             of
             them
             ,
             and
             liberty
             enough
             to
             have
             raised
             an
             Army
             to
             have
             strengthned
             himself
             against
             the
             Nobles
             ,
             yet
             the
             Lords
             coming
             from
             London
             ,
             brought
             on
             the
             sudden
             such
             a
             party
             as
             the
             King
             was
             not
             able
             to
             withstand
             ;
             and
             so
             he
             came
             off
             with
             that
             conclusion
             made
             at
             
               Renny
               mead
            
             ,
             which
             though
             in
             it self
             was
             honourable
             ,
             yet
             lost
             the
             King
             so
             much
             the
             more
             ,
             because
             it
             was
             rather
             gained
             from
             him
             ,
             than
             made
             by
             him
             .
          
        
         
           
             CHAP.
             LXIV
             .
             Of
             the
             Government
             of
             Henry
             the
             third
             ,
             Edward
             the
             first
             ,
             and
             Edward
             the
             second
             ,
             Kings
             of
             England
             .
             And
             first
             ,
             a
             general
             view
             of
             the
             disposition
             of
             their
             Government
             .
          
           
             ONe
             hundred
             and
             ten
             years
             more
             I
             have
             together
             taken
             up
             ,
             to
             add
             a
             period
             to
             this
             first
             part
             of
             discourse
             concerning
             English
             Government
             ;
             principally
             because
             one
             spirit
             of
             arbitrary
             rule
             from
             King
             John
             ,
             seemeth
             to
             breath
             throughout
             the
             whole
             ,
             and
             therewith
             did
             expire
             .
          
           
             The
             first
             that
             presents
             himself
             is
             Henry
             the
             third
             ,
             begotten
             by
             King
             John
             when
             he
             was
             in
             the
             very
             first
             enterprize
             of
             oppression
             that
             occasioned
             the
             first
             Barons
             bloudy
             Wars
             ,
             and
             which
             this
             King
             was
             so
             miserable
             as
             to
             continue
             for
             the
             greatest
             part
             of
             his
             Life
             and
             Reign
             ,
             and
             yet
             so
             happy
             as
             to
             see
             it
             ended
             about
             four
             years
             before
             he
             died
             .
             Although
             the
             soul
             be
             not
             ingendred
             from
             the
             parent
             ,
             yet
             the
             temperature
             of
             the
             body
             of
             the
             Child
             doth
             sometimes
             so
             attemper
             the
             motion
             of
             the
             soul
             ,
             that
             there
             is
             in
             the
             Child
             the
             very
             image
             of
             the
             Father's
             mind
             :
             and
             this
             Henry
             the
             third
             lively
             expressed
             ,
             being
             so
             like
             unto
             his
             Father
             John
             in
             his
             worst
             course
             ,
             as
             if
             his
             Father
             's
             own
             spirit
             had
             entred
             into
             him
             ,
             and
             animated
             him
             in
             all
             his
             ways
             .
             He
             brought
             in
             with
             him
             the
             first
             president
             of
             Conscience
             in
             point
             of
             Succession
             by
             inheritance
             in
             the
             English
             Throne
             ;
             for
             the
             stream
             of
             probabilities
             was
             against
             him
             .
             He
             was
             a
             Child
             ,
             and
             the
             times
             required
             a
             compleat
             man
             ,
             and
             a
             man
             for
             War.
             He
             was
             the
             Child
             of
             King
             John
             ,
             whose
             demerits
             of
             the
             State
             were
             now
             fresh
             in
             the
             minds
             of
             all
             men
             .
             He
             was
             also
             designed
             to
             the
             Throne
             by
             his
             Father's
             
               last
               Will
            
             ;
             
             which
             was
             a
             dangerous
             president
             for
             them
             to
             admit
             ,
             who
             had
             but
             even
             now
             withstood
             King
             
             John's
             depositing
             of
             the
             Crown
             in
             the
             Pope's
             hands
             ,
             as
             not
             being
             in
             the
             power
             of
             a
             King
             of
             England
             to
             dispose
             of
             his
             Crown
             according
             to
             his
             own
             will.
             Yet
             leaping
             over
             all
             these
             considerations
             ,
             and
             looking
             on
             Henry
             the
             third
             as
             the
             Child
             of
             a
             King
             ,
             that
             by
             good
             nouriture
             might
             prove
             a
             wise
             and
             just
             King
             ,
             they
             closed
             about
             this
             spark
             ,
             
             in
             hope
             it
             might
             bring
             forth
             a
             flame
             whereby
             to
             warm
             themselves
             in
             stormy
             times
             .
             Nor
             did
             their
             hopes
             soon
             perish
             :
             for
             ,
             during
             his
             minority
             ,
             the
             King
             was
             wise
             to
             follow
             good
             Counsel
             ,
             and
             by
             it
             purged
             out
             all
             the
             ill
             humours
             that
             the
             Kingdom
             had
             contracted
             in
             the
             rash
             distempers
             of
             his
             Fathers
             government
             .
             Nor
             did
             he
             onely
             follow
             the
             counsels
             of
             others
             herein
             ,
             but
             even
             at
             such
             times
             as
             their
             counsels
             crossed
             ,
             he
             chose
             those
             Counsels
             that
             suited
             with
             the
             most
             popular
             way
             ;
             as
             is
             to
             be
             seen
             in
             the
             different
             counsels
             of
             the
             Archbishop
             of
             Canterbury
             and
             
               William
               Briware
            
             .
             And
             yet
             two
             things
             troubled
             much
             those
             times
             :
             
             one
             ,
             that
             they
             were
             times
             of
             parties
             ;
             the
             other
             ,
             that
             the
             Protector
             was
             somewhat
             too
             excellent
             to
             be
             a
             meer
             servant
             ;
             and
             it
             is
             hard
             for
             the
             English
             Nobility
             to
             endure
             him
             to
             be
             greater
             ;
             although
             it
             may
             seem
             reasonable
             that
             they
             that
             are
             thought
             worthy
             to
             govern
             a
             King
             ,
             should
             be
             much
             more
             worthy
             to
             govern
             themselves
             .
             But
             the
             Pope
             put
             an
             end
             to
             all
             occasion
             of
             question
             hereabout
             ;
             for
             by
             his
             Brief
             he
             declares
             the
             King
             to
             be
             sixteen
             years
             old
             ,
             and
             of
             age
             to
             govern
             himself
             ;
             and
             therefore
             all
             Castles
             are
             forthwith
             to
             be
             rendred
             up
             into
             the
             King's
             hands
             .
             
             This
             proved
             the
             rock
             of
             offence
             ,
             whilst
             some
             obeyed
             the
             Pope
             ,
             and
             were
             impugners
             of
             those
             that
             put
             more
             confidence
             in
             the
             Castles
             than
             in
             the
             Kings
             good
             nature
             .
             Hence
             first
             sprang
             a
             civil
             broil
             ,
             thence
             want
             of
             money
             ,
             then
             a
             Parliament
             ,
             wherein
             the
             
               Grand
               Charter
            
             of
             Englands
             Liberties
             once
             more
             was
             exchanged
             for
             a
             sum
             of
             Money
             .
             Thus
             God
             wheeled
             about
             successes
             .
             But
             the
             King
             having
             passed
             over
             his
             tame
             age
             under
             the
             Government
             of
             wise
             Counsellors
             ,
             and
             by
             this
             time
             beginning
             to
             feel
             liberty
             ,
             it
             was
             his
             hard
             condition
             to
             meet
             with
             want
             of
             Money
             ;
             and
             worse
             ,
             to
             meet
             with
             ill
             Counsellors
             ,
             which
             served
             him
             with
             ill
             advice
             ,
             that
             the
             
               Grand
               Charter
            
             would
             keep
             him
             down
             ,
             make
             him
             continually
             poor
             ,
             and
             in
             state
             of
             pupillage
             .
             To
             this
             giving
             credit
             ,
             it
             shaped
             an
             Idea
             in
             his
             mind
             that
             would
             never
             out
             for
             forty
             years
             after
             ;
             and
             thus
             advised
             ,
             he
             neglects
             his
             own
             engagement
             ,
             defies
             the
             Government
             that
             by
             his
             Royal
             word
             ,
             and
             the
             Kings
             his
             predecessors
             ,
             in
             cool
             bloud
             had
             been
             setled
             :
             and
             that
             he
             might
             do
             this
             without
             check
             of
             Conscience
             ,
             he
             forbad
             the
             study
             of
             the
             Law
             ,
             that
             so
             it
             might
             die
             without
             heir
             ,
             and
             he
             have
             all
             by
             Escheat
             .
             This
             sadded
             the
             English
             ,
             and
             made
             them
             drive
             heavily
             :
             the
             King
             (
             to
             add
             more
             strengh
             )
             brought
             in
             Foraigners
             and
             foraign
             Councils
             ;
             and
             then
             all
             was
             at
             stand
             .
             The
             Councils
             were
             for
             new
             ways
             .
             The
             great
             designe
             was
             to
             get
             money
             to
             supply
             the
             King's
             wants
             ;
             and
             as
             great
             a
             designe
             was
             to
             keep
             the
             King
             in
             want
             :
             otherwise
             it
             had
             been
             easie
             for
             those
             at
             the
             helm
             to
             have
             stopped
             the
             concourse
             of
             Foraigners
             (
             other
             than
             themselves
             )
             from
             abroad
             ;
             the
             confluence
             of
             the
             Queens
             poorer
             Allies
             ,
             lavish
             entertainment
             ,
             profuse
             rewards
             ,
             cheats
             from
             Rome
             ,
             and
             all
             in
             necessitous
             times
             .
             But
             strangers
             ,
             to
             maintain
             their
             own
             interests
             ,
             must
             maintain
             strangeness
             between
             the
             King
             and
             his
             Subjects
             .
             To
             supply
             therefore
             these
             necessities
             ,
             all
             shifts
             are
             used
             ,
             as
             
               revoking
               of
               Charters
               ,
               displacing
               of
               Officers
               ,
            
             and
             
               fining
               them
               ,
               Afforestations
            
             ,
             with
             a
             train
             of
             oppressions
             depending
             thereon
             ,
             Fines
             and
             
               Amercements
               ,
               corrupt
               Advancements
               ,
               Loans
               ,
            
             and
             many
             tricks
             to
             make
             rich
             men
             offenders
             ,
             especially
             projects
             upon
             the
             City
             of
             London
             .
             Nevertheless
             all
             proved
             infinitely
             short
             of
             his
             disbursements
             ;
             so
             as
             at
             times
             he
             is
             necessitated
             to
             call
             Parliaments
             ,
             and
             let
             them
             know
             his
             wants
             .
             At
             the
             first
             the
             people
             are
             sensible
             ,
             and
             allow
             supply
             ;
             but
             after
             by
             experience
             finding
             themselves
             hurt
             by
             their
             supplies
             to
             the
             King
             ,
             they
             grant
             upon
             conditions
             of
             renewing
             the
             power
             of
             the
             
               Great
               Charter
            
             ;
             and
             many
             promises
             pass
             from
             the
             King
             to
             that
             end
             ,
             and
             after
             that
             Oaths
             ,
             and
             yet
             no
             performance
             :
             This
             makes
             
             the
             people
             absolutely
             deny
             supplies
             .
             Then
             the
             King
             pretends
             Wars
             in
             France
             ,
             Wars
             in
             Scotland
             ,
             and
             Wars
             against
             the
             Infidels
             in
             the
             Holy-land
             ,
             whither
             he
             is
             going
             :
             the
             people
             upon
             such
             grounds
             give
             him
             aids
             ;
             but
             finding
             all
             but
             pretences
             ,
             or
             ill
             success
             of
             such
             enterprizes
             ,
             they
             are
             hardned
             against
             supplies
             of
             him
             for
             the
             
               Holy
               War.
            
             Then
             he
             seems
             penitent
             ,
             and
             pours
             out
             new
             promises
             ,
             sealed
             with
             the
             most
             solemn
             execration
             that
             is
             to
             be
             found
             in
             the
             Womb
             of
             Story
             ,
             and
             so
             punctually
             recorded
             ,
             as
             if
             God
             would
             have
             all
             generations
             to
             remember
             it
             as
             the
             seal
             of
             the
             Covenant
             between
             the
             King
             of
             England
             and
             his
             people
             ;
             and
             therefore
             I
             cannot
             omit
             it
             .
          
           
             It
             was
             done
             in
             full
             Parliament
             ,
             
             where
             the
             Lords
             Temporal
             and
             Spiritual
             ,
             Knights
             ,
             and
             others
             of
             the
             Clergy
             ,
             all
             standing
             with
             their
             Tapers
             burning
             .
             The
             King
             himself
             also
             standing
             with
             a
             chearly
             contenance
             ,
             holding
             his
             open
             hand
             upon
             his
             brest
             ,
             the
             Archbishop
             pronounced
             this
             Curse
             ensuing
             .
          
           
             By
             the
             authority
             of
             God
             omnipotent
             ,
             of
             the
             Son
             ,
             and
             of
             the
             Holy
             Ghost
             ,
             and
             of
             the
             glorious
             Mother
             of
             God
             the
             Virgin
             Mary
             ,
             and
             of
             the
             blessed
             Apostles
             Peter
             and
             Paul
             ,
             and
             of
             all
             the
             other
             Apostles
             ,
             and
             of
             the
             Holy
             Martyr
             and
             Archbishop
             Thomas
             ,
             and
             of
             all
             the
             Martyrs
             ,
             and
             of
             the
             blessed
             Edward
             King
             of
             England
             ,
             and
             of
             all
             Confessors
             and
             Virgins
             ,
             and
             of
             all
             the
             Saints
             of
             God.
             
          
           
             We
             Excommunicate
             and
             Anathematize
             ,
             and
             sequester
             from
             our
             holy
             Mother
             the
             Church
             ,
             all
             those
             which
             henceforth
             knowingly
             and
             maliciously
             shall
             deprive
             or
             spoil
             Churches
             of
             their
             right
             .
          
           
             And
             all
             those
             that
             shall
             by
             any
             art
             or
             wit
             rashly
             violate
             ,
             diminish
             ,
             or
             change
             ,
             secretly
             or
             openly
             ,
             in
             deed
             ,
             word
             ,
             or
             counsel
             ,
             by
             crossing
             in
             part
             or
             whole
             those
             Ecclesiastical
             liberties
             ,
             or
             ancient
             approved
             customs
             of
             the
             Kingdom
             ,
             especially
             the
             Liberties
             and
             free
             Customs
             which
             are
             contained
             in
             the
             Charters
             of
             the
             common
             Liberties
             of
             England
             ,
             and
             the
             Forests
             granted
             by
             our
             Lord
             the
             King
             to
             the
             Archbishops
             ,
             Bishops
             ,
             Prelates
             ,
             Earls
             ,
             Barons
             ,
             Knights
             ,
             and
             Freeholders
             .
          
           
             And
             all
             those
             who
             have
             published
             ,
             or
             being
             published
             have
             observed
             any
             thing
             against
             them
             or
             their
             Statutes
             ,
             or
             which
             have
             brought
             in
             any
             customs
             ,
             or
             being
             brought
             in
             have
             observed
             ;
             and
             all
             Writers
             of
             Ordinances
             or
             Councils
             ,
             or
             Executioners
             ,
             or
             such
             as
             shall
             judge
             by
             such
             things
             .
          
           
             All
             such
             as
             are
             knowingly
             guilty
             of
             any
             such
             matters
             ,
             shall
             
               ipso
               facto
            
             incur
             this
             Sentence
             :
             such
             as
             are
             ignorantly
             guilty
             shall
             incur
             the
             same
             censure
             ,
             if
             being
             admonished
             he
             amend
             not
             within
             fifteen
             days
             after
             admonition
             .
          
           
             In
             the
             same
             censure
             are
             comprehended
             all
             perturbers
             of
             the
             peace
             of
             the
             King
             and
             Kingdom
             :
             for
             everlasting
             memory
             whereof
             ,
             we
             have
             hereunto
             put
             our
             Seals
             .
          
           
             
               And
               then
               all
               throwing
               down
               their
               Tapers
               extinguished
               and
               smoaking
               ,
               they
               said
               ,
            
             So
             let
             all
             that
             shall
             go
             against
             this
             curse
             be
             extinct
             ,
             and
             stink
             in
             Hell.
             
               The
               King
               all
               the
               while
               continuing
               in
               the
               posture
               above-mentioned
               ,
               said
               ,
            
             So
             God
             me
             help
             ,
             I
             will
             observe
             all
             these
             things
             sincerely
             and
             faithfully
             ,
             as
             I
             am
             a
             Man
             ,
             as
             I
             am
             a
             Christian
             ,
             as
             I
             am
             a
             Knight
             ,
             as
             I
             am
             a
             King
             crowned
             and
             anointed
             .
          
           
             If
             we
             shall
             pare
             away
             the
             superstitious
             ceremonies
             ,
             and
             consider
             divine
             providence
             ,
             we
             may
             search
             into
             all
             Histories
             of
             all
             ages
             ,
             and
             we
             shall
             not
             find
             a
             parallel
             hereunto
             ;
             so
             seriously
             composed
             ,
             solemnly
             pronounced
             ,
             with
             an
             Amen
             from
             the
             representative
             body
             of
             the
             whole
             Kingdom
             ,
             put
             
             in
             writing
             under
             seal
             ,
             preserved
             to
             posterity
             ;
             vindicated
             by
             God
             himself
             in
             the
             ruine
             of
             so
             many
             opposers
             .
             And
             yet
             the
             dust
             of
             time
             hath
             almost
             buried
             this
             out
             of
             the
             thoughts
             of
             men
             ;
             so
             as
             few
             even
             of
             such
             as
             know
             it
             ,
             do
             seriously
             consider
             how
             far
             it
             may
             yet
             and
             even
             now
             be
             charged
             upon
             the
             account
             of
             this
             Nation
             .
             Serious
             as
             it
             was
             ,
             it
             was
             soon
             forgotten
             :
             nor
             would
             the
             King
             be
             long
             holden
             with
             promises
             ,
             some
             unhappy
             Star
             struck
             him
             in
             his
             birth
             :
             he
             had
             been
             too
             hard
             for
             his
             promises
             ;
             and
             now
             having
             the
             Pope
             at
             his
             Elbow
             ,
             he
             can
             dispence
             with
             his
             Oath
             ,
             and
             bid
             defiance
             to
             an
             Execration
             :
             and
             in
             flat
             defiance
             of
             the
             Grand-Charter
             professeth
             oppression
             ,
             accumulates
             forreign
             Counsellors
             ,
             and
             forreign
             Guards
             ,
             contemns
             his
             own
             people
             ,
             ushers
             in
             the
             Pope's
             Extortions
             upon
             them
             to
             fill
             up
             the
             measure
             :
             thrives
             in
             nothing
             but
             in
             the
             match
             of
             his
             Son
             and
             Successor
             with
             a
             Sister
             of
             Spain
             ,
             and
             yet
             that
             also
             helps
             to
             hasten
             on
             the
             publick
             poverty
             ,
             and
             that
             a
             Parliament
             that
             brought
             forth
             a
             bloudy
             issue
             ;
             although
             not
             by
             any
             natural
             power
             ,
             but
             occasionally
             .
             For
             the
             Barons
             mean
             now
             no
             longer
             to
             trust
             to
             promises
             ;
             strangers
             are
             banished
             the
             Realm
             ,
             and
             others
             of
             the
             English
             bloud
             stepped
             into
             their
             places
             and
             Revenues
             .
             But
             this
             was
             not
             all
             ,
             the
             King
             must
             confirm
             the
             Grand-Charter
             ;
             and
             thereto
             he
             addeth
             not
             onely
             his
             own
             Oath
             ,
             but
             causeth
             the
             Prince
             his
             Son
             to
             confirm
             the
             same
             in
             like
             manner
             .
             It
             is
             likewise
             propounded
             to
             him
             ,
             that
             the
             chief
             Officers
             of
             the
             Kingdom
             may
             be
             chosen
             such
             as
             the
             Parliament
             shall
             like
             of
             .
             And
             that
             other
             Laws
             meet
             for
             the
             government
             of
             the
             Kingdom
             might
             be
             established
             :
             of
             all
             these
             the
             King
             made
             no
             bones
             .
             And
             to
             make
             men
             believe
             that
             he
             was
             in
             good
             earnest
             ,
             he
             was
             contented
             to
             disrobe
             and
             disarm
             himself
             ,
             
             and
             invest
             the
             Barons
             both
             with
             Sword
             and
             Scepter
             ,
             retaining
             nothing
             but
             the
             Crown
             for
             himself
             .
             This
             had
             been
             safety
             enough
             for
             the
             Kingdom
             ,
             but
             that
             it
             was
             a
             conclusion
             without
             an
             agreement
             ;
             for
             as
             it
             was
             on
             the
             King's
             part
             made
             from
             a
             principle
             of
             shame
             and
             fear
             ,
             so
             it
             was
             determined
             in
             anger
             ;
             for
             after
             that
             the
             King
             had
             been
             thus
             drest
             and
             girt
             for
             the
             space
             of
             Four
             or
             Five
             years
             ,
             (
             whatsoever
             he
             thought
             all
             the
             while
             it
             is
             no
             matter
             )
             he
             began
             first
             to
             stretch
             his
             Conscience
             ,
             and
             having
             the
             Pope's
             Dispensation
             to
             help
             ,
             soon
             makes
             his
             Oath
             to
             fly
             assunder
             (
             although
             his
             Son
             had
             for
             the
             present
             more
             Conscience
             .
             )
             But
             the
             other
             girt
             held
             more
             stoutly
             ,
             for
             the
             Lords
             had
             the
             Sword
             chained
             to
             their
             Arm
             by
             the
             King
             's
             own
             grant
             .
             
               Liceat
               omnibus
               in
               regno
               nostro
               contra
               nos
               insurgere
               ,
               &
               ad
               gravamen
               nostrum
               opem
               &
               operam
               dare
               ,
               ac
               si
               nobis
               in
               nullo
               fenerentur
            
             ;
             and
             the
             Lords
             maintained
             their
             hold
             ,
             
             though
             not
             without
             some
             jealousies
             amongst
             themselves
             .
             And
             it
             is
             very
             probable
             had
             the
             King
             been
             a
             little
             longer
             breathed
             with
             patience
             ,
             he
             might
             have
             had
             his
             will
             upon
             easier
             terms
             :
             for
             the
             Lords
             were
             not
             so
             jealous
             of
             one
             another
             as
             the
             Commons
             were
             jealous
             of
             the
             Lords
             ,
             that
             they
             meaned
             to
             rule
             onely
             for
             themselves
             .
             But
             the
             King
             now
             being
             in
             a
             wood
             ,
             and
             bemired
             ,
             so
             as
             he
             must
             now
             resolve
             to
             get
             all
             or
             lose
             all
             ,
             and
             so
             either
             satisfie
             his
             natural
             desires
             ,
             or
             the
             remainder
             of
             his
             politick
             power
             ,
             entred
             the
             field
             with
             the
             aid
             of
             those
             Commons
             that
             chose
             rather
             to
             be
             oppressed
             by
             one
             King
             than
             many
             Lords
             .
             And
             thus
             the
             Lords
             received
             the
             first
             blow
             ,
             and
             gave
             the
             first
             foil
             :
             Afterwards
             being
             worsted
             by
             their
             own
             divisions
             and
             jealousies
             ,
             they
             left
             a
             victory
             to
             the
             King
             that
             might
             have
             made
             him
             absolute
             ,
             if
             he
             had
             been
             moderate
             ;
             but
             pursuing
             revenge
             too
             far
             ,
             he
             was
             distasted
             of
             his
             own
             party
             that
             looked
             on
             him
             as
             a
             Polyphemus
             that
             intended
             to
             devour
             the
             Enemy
             first
             ,
             that
             he
             might
             more
             freely
             feast
             upon
             themselves
             
             in
             the
             issue
             .
             This
             made
             victory
             follow
             the
             King
             afar
             off
             ,
             and
             taught
             the
             King
             that
             the
             end
             of
             Civil
             War
             must
             be
             attended
             with
             moderation
             in
             the
             Conquerour
             ,
             so
             far
             as
             may
             stand
             with
             publick
             safety
             ;
             or
             otherwise
             he
             that
             is
             Conquerour
             to
             day
             by
             Sword
             ,
             may
             be
             conquered
             to
             morrow
             by
             Jealousie
             .
             Thus
             many
             humours
             consumed
             ,
             and
             all
             parts
             tired
             after
             four
             years
             continual
             War
             ,
             the
             State
             cometh
             to
             its
             right
             Wits
             .
             The
             King's
             gains
             in
             all
             this
             bloudy
             sweat
             may
             be
             summed
             up
             in
             two
             heads
             .
             First
             ,
             that
             he
             had
             liberty
             to
             chuse
             his
             principal
             Officers
             of
             State
             by
             advice
             of
             the
             Lords
             ,
             and
             them
             also
             to
             displace
             by
             like
             Counsel
             .
             Secondly
             ,
             in
             that
             he
             gained
             (
             though
             at
             a
             dear
             rate
             )
             wisdom
             to
             observe
             the
             state
             of
             affairs
             ,
             and
             to
             apply
             himself
             according
             to
             occasion
             :
             so
             lived
             Henry
             the
             third
             for
             three
             or
             four
             years
             after
             these
             troubles
             ;
             long
             enough
             to
             let
             the
             World
             know
             that
             he
             was
             able
             to
             govern
             like
             an
             English
             King
             ,
             and
             to
             teach
             his
             Son
             by
             his
             own
             late
             experience
             to
             be
             a
             wise
             governour
             betimes
             .
          
           
             For
             Edward
             the
             first
             being
             trained
             up
             in
             the
             Tragedy
             of
             a
             Civil
             War
             ,
             
             wherein
             he
             was
             one
             of
             the
             chief
             actors
             ;
             and
             having
             expiated
             the
             bloudy
             way
             of
             his
             riotous
             youth
             by
             his
             
               Holy
               War
            
             ,
             as
             they
             called
             it
             ;
             now
             he
             betakes
             himself
             to
             amends
             making
             ,
             by
             Justice
             in
             Government
             ;
             having
             found
             by
             his
             Father's
             experience
             ,
             that
             a
             Kingdom
             well
             governed
             (
             like
             good
             husbandry
             )
             preserves
             the
             owner
             ,
             but
             being
             neglected
             destroys
             both
             .
          
           
             He
             came
             over
             in
             his
             third
             year
             in
             August
             ,
             was
             crowned
             in
             September
             ,
             summoned
             a
             Parliament
             in
             February
             following
             ,
             but
             adjourned
             it
             till
             after
             Easter
             :
             and
             then
             it
             is
             found
             that
             the
             Church
             of
             late
             had
             been
             ill
             governed
             ;
             the
             Clergy-men
             grieved
             by
             many
             ways
             ,
             the
             people
             otherwise
             handled
             than
             they
             ought
             to
             be
             ,
             the
             Peace
             ill
             kept
             ,
             the
             Laws
             less
             used
             ,
             and
             Delinquents
             less
             punished
             than
             was
             meet
             ;
             and
             in
             the
             sence
             of
             these
             inconveniencies
             were
             the
             Laws
             of
             Westminster
             the
             first
             made
             ;
             wherein
             the
             world
             may
             see
             the
             great
             difference
             between
             the
             Prince
             and
             the
             King
             in
             one
             and
             the
             same
             man.
             
          
           
             The
             most
             part
             of
             those
             Laws
             were
             little
             other
             than
             plaisters
             applied
             to
             particular
             botches
             of
             those
             times
             ;
             wherein
             the
             King
             dealt
             with
             a
             tender
             hand
             ,
             as
             if
             he
             feared
             to
             ulcerate
             any
             part
             ,
             and
             especially
             the
             Clergie
             ,
             and
             therefore
             delivered
             the
             last
             Law
             in
             a
             petitionary
             way
             to
             the
             Clergie
             ,
             because
             it
             concerned
             the
             execution
             of
             Justice
             in
             prohibited
             times
             ,
             and
             yet
             bound
             up
             all
             with
             a
             salvo
             to
             himself
             and
             his
             prerogative
             ,
             like
             a
             wise
             King
             ,
             that
             would
             neither
             lose
             right
             ,
             nor
             do
             rong
             ;
             nor
             yet
             stickle
             to
             debate
             with
             his
             Subjects
             now
             ,
             whenas
             his
             eye
             was
             upon
             a
             further
             mark
             .
             For
             Leolin
             the
             Prince
             of
             Wales
             had
             affronted
             him
             ;
             
             and
             though
             he
             could
             not
             endure
             affronts
             ,
             yet
             could
             he
             dissemble
             them
             for
             advantage
             ;
             and
             so
             he
             suffered
             the
             Parliament
             to
             run
             its
             course
             ,
             that
             he
             might
             have
             done
             the
             sooner
             .
             Otherwise
             he
             had
             a
             seed
             of
             his
             Father's
             conceit
             that
             Laws
             are
             not
             made
             for
             Kings
             ,
             as
             appeared
             afterward
             :
             for
             after
             he
             had
             gotten
             his
             Army
             into
             the
             field
             ,
             he
             took
             a
             fifteenth
             which
             was
             granted
             to
             his
             Father
             ,
             and
             this
             was
             
               inaudito
               more
            
             :
             but
             there
             was
             no
             disputing
             with
             power
             ,
             
             and
             therefore
             the
             Subject
             must
             be
             contented
             rather
             to
             score
             it
             up
             against
             the
             future
             ,
             than
             require
             present
             pay
             ;
             so
             dangerous
             a
             thing
             it
             is
             for
             England
             ,
             that
             Kings
             should
             have
             occasion
             to
             gather
             Armies
             ,
             though
             for
             never
             so
             honourable
             employment
             .
          
           
             The
             Welsh
             chase
             is
             hotly
             pursued
             ,
             yet
             it
             did
             not
             rid
             much
             way
             ;
             for
             it
             cost
             the
             English
             a
             voyage
             of
             nine
             years
             travel
             before
             they
             could
             attain
             the
             shore
             ,
             although
             it
             had
             been
             often
             within
             their
             view
             .
             It
             may
             be
             the
             King
             
             found
             it
             advantageous
             for
             his
             Government
             ,
             to
             maintain
             an
             Army
             in
             the
             field
             under
             the
             colour
             of
             the
             
               Welsh
               War
            
             ,
             that
             he
             might
             more
             bow
             his
             Subjects
             to
             his
             own
             bent
             :
             for
             during
             these
             Wars
             ,
             the
             King
             made
             many
             breathings
             ,
             and
             took
             time
             to
             look
             to
             the
             husbanding
             of
             his
             own
             Revenue
             ,
             as
             those
             Ordinances
             called
             
               Extenta
               manerii
            
             ,
             and
             
               Officium
               Coronatoris
            
             ,
             do
             witness
             ,
             and
             the
             Statute
             of
             Bigami
             .
             But
             the
             people
             were
             not
             altogether
             yet
             tamed
             ;
             for
             the
             times
             being
             still
             in
             Wars
             ,
             and
             they
             occasioning
             much
             waste
             of
             Treasure
             ,
             put
             the
             King
             to
             the
             utmost
             pitch
             of
             good
             Husbandry
             ,
             and
             one
             degree
             beyond
             the
             same
             :
             so
             as
             under
             colour
             of
             seizing
             his
             own
             ,
             he
             swept
             up
             also
             the
             Priviledges
             and
             Liberties
             of
             his
             Subjects
             ;
             some
             Authors
             reciting
             the
             complaints
             of
             the
             Church-men
             ,
             
             others
             of
             the
             Laity
             :
             so
             as
             it
             seemeth
             the
             King
             was
             no
             respecter
             of
             persons
             but
             his
             own
             .
             This
             ,
             and
             others
             not
             unlike
             ,
             had
             almost
             occasioned
             another
             Combustion
             ,
             had
             not
             the
             meeting
             at
             Gloucester
             setled
             things
             for
             the
             present
             ,
             by
             referring
             the
             right
             of
             Franchises
             to
             debate
             in
             the
             Eyer
             ,
             and
             ordering
             reseizure
             of
             such
             Liberties
             into
             the
             Subjects
             hands
             ,
             whereof
             they
             had
             been
             dispossessed
             by
             
               Quo
               warranto
            
             ,
             and
             
               Quo
               jure
            
             ,
             under
             colour
             of
             the
             fourth
             Chapter
             of
             the
             Statute
             of
             Bigami
             .
          
           
             Nevertheless
             ,
             however
             debonair
             the
             King
             seemed
             to
             be
             ,
             the
             sore
             between
             him
             and
             his
             Subjects
             was
             not
             fully
             cured
             ;
             nor
             did
             the
             Lords
             trust
             him
             further
             than
             needs
             must
             :
             for
             whether
             they
             served
             in
             the
             Field
             ,
             or
             met
             at
             Council
             ,
             still
             they
             were
             armed
             ;
             and
             during
             this
             daring
             of
             each
             other
             ,
             were
             many
             profitable
             Laws
             made
             ,
             whilst
             neither
             party
             durst
             venture
             bloodshed
             in
             touching
             too
             nigh
             upon
             the
             Priviledges
             of
             each
             other
             ,
             principally
             because
             the
             affairs
             in
             Wales
             were
             but
             laid
             asleep
             ,
             and
             upon
             reviving
             ,
             might
             turn
             the
             ballance
             to
             either
             side
             .
          
           
             The
             Wars
             awake
             again
             ,
             and
             therein
             are
             consumed
             nigh
             five
             years
             more
             of
             the
             King's
             Reign
             ;
             so
             as
             whatever
             his
             intent
             was
             ,
             he
             could
             have
             hitherto
             little
             opportunity
             to
             effect
             any
             thing
             for
             the
             advancement
             of
             the
             Prerogative
             of
             the
             Crown
             at
             home
             :
             Nor
             had
             he
             scarcely
             breathed
             himself
             and
             Army
             from
             the
             Welsh
             Wars
             ,
             but
             he
             found
             both
             France
             and
             Scotland
             his
             Enemies
             at
             once
             .
             The
             King
             faced
             onely
             the
             first
             ,
             and
             fought
             the
             second
             ;
             which
             held
             him
             work
             the
             remainder
             of
             his
             days
             :
             and
             at
             the
             same
             time
             also
             he
             arrayed
             both
             the
             Clergy
             and
             Laity
             at
             his
             own
             home
             ,
             as
             if
             Providence
             had
             given
             him
             security
             for
             the
             good
             behaviour
             ;
             and
             yet
             it
             failed
             him
             in
             the
             issue
             ,
             and
             left
             him
             to
             the
             censure
             of
             the
             World
             ,
             whether
             his
             Justice
             was
             spontaneous
             ,
             or
             by
             necessity
             ;
             for
             as
             yet
             he
             held
             the
             
               Grand
               Charter
            
             at
             parley
             ,
             and
             therefore
             was
             rather
             eyed
             ,
             than
             much
             trusted
             :
             Albeit
             he
             was
             put
             upon
             confidence
             in
             the
             Subjects
             discretion
             for
             aid
             of
             him
             in
             his
             continual
             undertakings
             :
             nor
             did
             they
             disclaim
             him
             herein
             ,
             however
             chargeable
             it
             was
             ;
             for
             all
             seem
             willing
             he
             should
             be
             employed
             any
             where
             ,
             so
             as
             not
             within
             the
             
               four
               Seas
            
             .
          
           
             It
             is
             probable
             the
             King
             knew
             it
             ,
             and
             therefore
             having
             made
             a
             Voyage
             into
             France
             ,
             he
             changed
             the
             Scene
             of
             War
             ,
             but
             to
             the
             other
             side
             as
             it
             were
             of
             a
             River
             ,
             in
             hope
             his
             Lords
             would
             follow
             ;
             but
             it
             would
             not
             be
             .
             This
             angred
             him
             ,
             and
             he
             them
             :
             nor
             would
             his
             Clergy
             allow
             him
             any
             aid
             
               Papa
               inconsulto
            
             ,
             and
             therefore
             he
             outs
             them
             from
             his
             protection
             .
             These
             and
             his
             irregular
             preparations
             by
             War
             ,
             by
             summons
             not
             onely
             of
             his
             Knights
             ,
             but
             all
             other
             that
             held
             Land
             worth
             20
             l.
             
               per
               annum
            
             ,
             
             and
             Taxes
             imposed
             by
             an
             arbitrary
             way
             ,
             increased
             Rancor
             into
             a
             kind
             of
             State-scoul
             ,
             little
             better
             than
             a
             Quarrel
             .
             For
             appeasing
             whereof
             ,
             the
             King
             granted
             a
             consultation
             upon
             a
             prohibition
             ,
             and
             unto
             both
             Clergy
             and
             Laity
             a
             confirmation
             of
             the
             
               Grand
               Charter
            
             at
             the
             long
             run
             ,
             and
             allowed
             it
             as
             the
             common
             Law
             of
             the
             Kingdom
             ;
             and
             seconded
             the
             same
             with
             many
             succeeding
             confirmations
             ,
             in
             
             the
             twenty
             seven
             and
             twenty
             eighth
             years
             of
             his
             Reign
             ,
             as
             if
             he
             had
             utterly
             renounced
             all
             thought
             of
             a
             contrary
             way
             .
             
             But
             the
             Statute
             in
             his
             28th
             year
             had
             a
             sting
             in
             the
             tail
             that
             was
             as
             ill
             as
             his
             
               saving
               of
               ancient
               aids
               and
               prisals
               ,
            
             which
             was
             in
             the
             Statute
             of
             confirmation
             of
             the
             Charters
             ,
             though
             it
             were
             omitted
             in
             this
             Statute
             ;
             for
             the
             saving
             was
             of
             such
             a
             sence
             as
             time
             and
             occasion
             would
             move
             the
             King's
             heart
             to
             make
             it
             :
             and
             thus
             this
             Statute
             became
             like
             a
             
               Hocus
               Pocus
            
             ,
             a
             thing
             to
             still
             the
             people
             for
             the
             present
             ,
             and
             serve
             the
             King's
             turn
             ,
             that
             he
             might
             more
             freely
             intend
             the
             conquest
             of
             the
             Scots
             ;
             which
             once
             done
             ,
             he
             might
             ,
             if
             he
             would
             ,
             try
             masteries
             with
             England
             .
             But
             God
             would
             not
             have
             it
             so
             ;
             the
             King
             in
             Scotland
             had
             power
             to
             take
             ,
             but
             could
             not
             overtake
             ;
             and
             the
             Scots
             ,
             like
             birds
             of
             the
             prey
             ,
             had
             wit
             enough
             to
             fly
             away
             ,
             and
             courage
             enough
             to
             return
             upon
             advantages
             :
             and
             so
             the
             King
             was
             left
             to
             hunt
             the
             wind
             ,
             which
             made
             him
             to
             return
             .
          
           
             He
             might
             now
             expect
             the
             applause
             of
             his
             people
             for
             his
             good
             success
             ,
             and
             the
             terrour
             of
             those
             that
             had
             stopped
             the
             broad
             way
             of
             his
             extravagant
             Prerogative
             ;
             and
             therefore
             looks
             big
             ,
             rubs
             up
             old
             sores
             ,
             and
             (
             having
             his
             Army
             yet
             in
             the
             field
             )
             sends
             for
             those
             Lords
             that
             would
             not
             follow
             him
             in
             his
             Wars
             in
             Flanders
             .
             All
             come
             and
             submit
             ,
             and
             as
             it
             were
             in
             so
             many
             words
             let
             the
             King
             know
             that
             all
             England
             is
             now
             tame
             ,
             and
             like
             to
             be
             ridden
             at
             his
             discretion
             .
             And
             now
             there
             's
             nothing
             in
             his
             way
             but
             the
             fatal
             execration
             ,
             which
             he
             feared
             ,
             not
             in
             relation
             to
             God's
             anger
             ;
             but
             rather
             to
             the
             exasperated
             Clergie
             ,
             and
             the
             dread
             of
             the
             Pope's
             direful
             Thunder-bolt
             .
             To
             avoid
             this
             storm
             ,
             he
             procures
             a
             Dispensation
             from
             Rome
             to
             perjure
             and
             oppress
             without
             sin
             ;
             a
             trick
             that
             he
             learned
             of
             his
             Father
             ,
             and
             hid
             it
             within
             his
             breast
             ,
             till
             now
             about
             two
             years
             before
             his
             end
             he
             brings
             it
             forth
             ,
             to
             tell
             all
             the
             world
             that
             hitherto
             he
             had
             been
             just
             against
             his
             will.
             But
             having
             obtained
             his
             purpose
             ,
             he
             nevertheless
             misseth
             of
             his
             end
             ;
             for
             a
             new
             King
             of
             Scots
             (
             our
             old
             good
             enemies
             )
             by
             divine
             providence
             suddenly
             crossed
             his
             way
             before
             him
             ;
             and
             now
             it
             boots
             not
             to
             contend
             for
             arbitrary
             rule
             in
             England
             ,
             and
             lose
             the
             Crown
             of
             Scotland
             ,
             which
             he
             once
             thought
             he
             had
             sure
             ;
             he
             faces
             about
             therefore
             ,
             and
             having
             spoken
             fair
             to
             his
             people
             ,
             for
             Scotland
             he
             goes
             .
             Thus
             if
             all
             were
             not
             in
             a
             Parenthesis
             ,
             the
             King
             intended
             a
             good
             period
             ;
             but
             God
             onely
             knows
             what
             his
             furthest
             reach
             would
             have
             been
             if
             he
             had
             returned
             ,
             for
             he
             was
             taken
             out
             of
             this
             world
             in
             Scotland
             ,
             and
             so
             left
             this
             his
             government
             somewhat
             like
             an
             imperfect
             sentence
             .
          
           
             His
             Son
             Edward
             should
             have
             compleated
             it
             ,
             
             but
             that
             he
             wanted
             his
             Father's
             sence
             ,
             and
             had
             too
             much
             of
             his
             Grandfather's
             superbient
             humour
             ,
             that
             meeting
             with
             a
             stiff
             spirit
             ,
             and
             a
             weak
             mind
             ,
             brought
             sudden
             fire
             into
             the
             course
             of
             government
             ,
             till
             it
             consumed
             it self
             in
             its
             own
             flame
             .
             For
             this
             King
             having
             newly
             slipt
             out
             of
             a
             bondage
             of
             wise
             Government
             under
             his
             Father
             ,
             ran
             the
             wild
             chase
             after
             rash
             desires
             ,
             spending
             his
             former
             time
             in
             inordinate
             love
             ,
             and
             his
             latter
             time
             upon
             revengeful
             anger
             ,
             little
             inferiour
             to
             rage
             ;
             and
             so
             in
             his
             whole
             government
             was
             scarce
             his
             own
             man.
             His
             love
             was
             a
             precedent
             of
             a
             strange
             nature
             ,
             that
             commanded
             him
             from
             all
             the
             contentments
             of
             his
             Kingdom
             to
             serve
             one
             man
             ,
             a
             stranger
             ,
             and
             prostitute
             to
             all
             manner
             of
             licentiousness
             ,
             meerly
             for
             some
             personal
             endowments
             .
             It
             shews
             that
             his
             judgement
             was
             weak
             ,
             and
             his
             affections
             strong
             ;
             and
             in
             that
             more
             weak
             ,
             because
             he
             discovered
             it
             before
             he
             was
             crowned
             :
             like
             some
             of
             the
             weakest
             of
             the
             weaker
             Sex
             ,
             the
             birth
             of
             whose
             minds
             are
             born
             assoon
             as
             they
             are
             conceived
             ,
             and
             speak
             assoon
             as
             they
             are
             born
             .
             It
             is
             true
             ,
             that
             the
             bravery
             of
             spirit
             may
             
             work
             after
             absoluteness
             in
             Kings
             ,
             under
             the
             colour
             of
             some
             kind
             of
             wisdom
             .
             But
             it
             is
             one
             thing
             to
             rule
             without
             Law
             ,
             and
             another
             to
             live
             without
             Rule
             ;
             the
             one
             dashes
             against
             the
             Law
             of
             an
             English
             King
             ,
             and
             may
             put
             on
             the
             name
             of
             Policy
             ,
             but
             the
             other
             destroys
             the
             Law
             of
             mankind
             ,
             and
             can
             bear
             no
             better
             name
             than
             of
             brutish
             desire
             .
          
           
             All
             the
             while
             Gaveston
             was
             in
             view
             ,
             we
             find
             nothing
             concerning
             Commonwealth
             ,
             or
             monument
             of
             Parliament
             ,
             saving
             two
             Ordinances
             made
             by
             the
             King
             ,
             and
             such
             Lords
             as
             suted
             to
             the
             King's
             way
             ,
             rather
             than
             to
             his
             wants
             .
             
             The
             first
             was
             that
             
               de
               militibus
            
             ,
             the
             other
             
               de
               frangentibus
               prisonam
            
             ;
             for
             all
             the
             King's
             labour
             was
             to
             royallize
             Gaveston
             into
             as
             high
             a
             pitch
             as
             he
             could
             ,
             and
             so
             to
             amaze
             his
             own
             eye-sight
             with
             contemplating
             the
             goodliness
             of
             his
             person
             .
             So
             as
             Gaveston
             is
             become
             the
             Image
             of
             the
             King
             ,
             and
             presents
             his
             beams
             and
             influence
             into
             all
             parts
             of
             the
             Kingdom
             ;
             and
             according
             to
             his
             Aspect
             they
             often
             change
             and
             wane
             ,
             and
             yet
             at
             the
             best
             were
             but
             as
             in
             a
             misty
             night
             .
          
           
             The
             Barons
             liked
             not
             this
             condition
             of
             State-Idolatry
             ;
             they
             were
             willing
             to
             adore
             the
             King
             ,
             but
             they
             could
             not
             bow
             to
             an
             Image
             :
             they
             desired
             nothing
             more
             ,
             than
             that
             their
             King
             might
             shine
             in
             his
             proper
             glory
             .
             Thrice
             is
             Gaveston
             banished
             ,
             thrice
             he
             returns
             ;
             the
             last
             occasioned
             another
             Civil
             War
             ,
             wherein
             Gaveston
             lost
             his
             head
             .
             Thus
             the
             Lords
             removed
             the
             Eclipse
             ,
             but
             (
             little
             the
             better
             thereby
             )
             they
             find
             it
             a
             vain
             labour
             to
             compel
             the
             Sun
             to
             shine
             by
             force
             ,
             when
             it
             hath
             no
             light
             .
             Though
             Gaveston
             be
             gone
             ,
             the
             mist
             of
             foreign
             Councils
             prevail
             ;
             this
             was
             bred
             in
             the
             Bloud
             ,
             fed
             with
             Bloud
             ,
             and
             ended
             in
             Bloud
             .
             Through
             the
             Glass
             of
             foreign
             Councils
             all
             things
             seem
             of
             foreign
             colour
             ;
             the
             King
             to
             the
             People
             ,
             and
             the
             People
             to
             him
             .
             The
             King
             at
             length
             begins
             to
             see
             himself
             undervalued
             ,
             and
             that
             it
             began
             in
             himself
             ;
             ventures
             himself
             into
             the
             Wars
             with
             Scotland
             to
             win
             honour
             ;
             goes
             with
             much
             splendour
             ,
             but
             returns
             with
             the
             greatest
             blot
             that
             ever
             English
             King
             suffered
             ,
             confounded
             abroad
             ,
             and
             slighted
             at
             home
             .
             For
             the
             bravest
             men
             ,
             by
             ill
             success
             ,
             are
             lost
             in
             common
             opinion
             ;
             or
             ,
             to
             speak
             in
             a
             higher
             strain
             ,
             where
             God
             doth
             not
             bless
             ,
             man
             will
             not
             .
             The
             King
             thus
             almost
             annihilated
             ,
             catches
             hold
             of
             Rome
             ,
             fawns
             on
             the
             Clergy
             ,
             passes
             to
             them
             the
             Ordinances
             of
             
               Articuli
               Cleri
            
             ,
             and
             
               de
               prisis
               bonis
               Cleri
            
             :
             which
             lost
             the
             Free-men
             no
             Right
             ,
             although
             it
             concluded
             the
             Crown
             .
             And
             to
             caress
             the
             Commons
             ,
             made
             the
             Statute
             
               de
               Vice-comitibus
            
             ,
             and
             the
             City
             of
             London
             likewise
             by
             the
             Statute
             
               de
               Gavelletto
            
             .
             But
             God
             saw
             all
             sorts
             of
             men
             run
             at
             riot
             ,
             and
             sends
             in
             upon
             the
             Nation
             Plague
             ,
             Famine
             ,
             and
             other
             extraordinary
             Testimonies
             of
             his
             displeasure
             ,
             even
             to
             the
             wonderment
             of
             other
             Nations
             ;
             and
             this
             brought
             a
             kind
             of
             sobriety
             into
             Affairs
             ,
             made
             all
             sorts
             tame
             ,
             and
             for
             the
             present
             onely
             prepared
             them
             for
             better
             times
             .
             For
             the
             King's
             time
             of
             longing
             again
             is
             come
             ,
             and
             he
             must
             have
             new
             Play-fellows
             ;
             finds
             the
             Spencers
             ,
             or
             rather
             was
             found
             of
             them
             ;
             they
             grow
             in
             honour
             almost
             beyond
             the
             reach
             of
             the
             Nobles
             ,
             but
             not
             beyond
             their
             envy
             ;
             and
             are
             more
             secure
             than
             Gaveston
             in
             this
             ,
             that
             in
             their
             first
             sprouting
             the
             King's
             Council
             served
             himself
             and
             them
             to
             keep
             in
             with
             the
             Commons
             by
             making
             good
             Laws
             ;
             such
             as
             the
             Statutes
             at
             York
             ,
             of
             
               Essoyns
               ,
               Attaints
               of
               Jurors
               ,
               Levying
               of
               Fines
               ,
            
             and
             Estreats
             into
             the
             Exchequer
             ,
             &c.
             all
             of
             them
             promising
             good
             Government
             .
             The
             Barons
             nevertheless
             liked
             not
             the
             Spencers
             greatness
             ,
             and
             being
             by
             several
             occasions
             exasperated
             ,
             joyn
             in
             one
             ,
             and
             occasion
             a
             new
             War
             :
             The
             King
             ,
             aided
             by
             the
             Commons
             (
             who
             yet
             thought
             better
             of
             the
             King
             than
             of
             the
             Barons
             ,
             whom
             they
             saw
             prejudiced
             rather
             out
             of
             self-apprehensions
             ,
             than
             
             the
             publick
             good
             )
             prevailed
             against
             the
             Barons
             ,
             and
             made
             them
             the
             first
             president
             of
             death
             upon
             the
             Scaffold
             .
          
           
             Now
             the
             Spencers
             are
             Lords
             alone
             ,
             thinking
             themselves
             above
             the
             reach
             of
             the
             once
             formidable
             Barons
             ,
             and
             the
             Commons
             too
             inferiour
             for
             their
             respect
             .
             Thus
             lifted
             up
             ,
             they
             take
             a
             flight
             like
             that
             of
             Icarus
             .
             They
             had
             so
             much
             of
             the
             King's
             heart
             ,
             as
             they
             could
             not
             spare
             any
             part
             thereof
             to
             the
             Queen
             ;
             and
             she
             being
             as
             loth
             to
             spare
             so
             much
             for
             them
             as
             they
             had
             ,
             retired
             with
             the
             Prince
             to
             a
             relief
             which
             they
             brought
             from
             beyond
             Sea
             ,
             and
             with
             whom
             both
             Lords
             and
             Commons
             joyn
             .
             The
             favourites
             missing
             of
             their
             wonted
             wings
             ,
             come
             down
             faster
             than
             they
             ascended
             ;
             and
             together
             with
             them
             ,
             the
             King
             himself
             ,
             all
             of
             them
             irrecoverably
             .
             Thus
             favourites
             ,
             instead
             of
             Cement
             between
             Prince
             and
             people
             ,
             becoming
             rocks
             of
             offence
             ,
             bring
             ruine
             sometimes
             to
             all
             ,
             but
             always
             to
             themselves
             .
          
           
             The
             King
             foresaw
             the
             storm
             ,
             and
             thought
             it
             safest
             first
             to
             cry
             truce
             with
             the
             people
             ,
             and
             come
             to
             agreement
             with
             them
             by
             common
             consent
             ,
             for
             the
             extent
             of
             his
             Prerogative
             in
             certain
             particular
             cases
             questionable
             ;
             
             and
             this
             summed
             up
             ,
             became
             a
             Statute
             for
             future
             times
             ,
             to
             be
             a
             
               ne
               plus
               ultra
            
             between
             the
             King
             and
             people
             .
             
             The
             like
             agreement
             likewise
             was
             concerning
             services
             of
             Tenants
             to
             their
             Lords
             ;
             and
             an
             Oath
             framed
             to
             vindicate
             them
             from
             all
             encroachments
             .
             And
             something
             was
             done
             to
             calm
             the
             Clergie
             for
             the
             demolishing
             of
             the
             Templar-Knights
             ;
             
             but
             the
             wound
             was
             incurable
             ;
             words
             are
             not
             believed
             ,
             if
             actions
             do
             not
             succeed
             ;
             nor
             will
             Oaths
             now
             made
             to
             bind
             Kings
             ,
             Bishops
             ,
             Counsellors
             of
             State
             ,
             Sheriffs
             ,
             Mayors
             ,
             Bailiffs
             ,
             or
             Judges
             ,
             to
             justice
             ;
             nor
             directions
             for
             regulating
             of
             Courts
             ,
             nor
             Ordinances
             against
             false
             Moneys
             and
             Weights
             ,
             nor
             all
             of
             them
             ,
             settle
             the
             people
             ;
             but
             they
             adhere
             to
             the
             Queen
             ,
             burning
             with
             jealousie
             against
             the
             King
             ,
             and
             both
             her self
             and
             the
             Lords
             with
             rage
             against
             the
             Spencers
             .
             The
             King
             flies
             ,
             and
             being
             forsaken
             of
             the
             people
             ,
             the
             Lords
             ,
             the
             Clergie
             ,
             his
             own
             Son
             ,
             and
             the
             Wife
             of
             his
             own
             bosom
             ,
             and
             of
             God
             himself
             ,
             as
             the
             most
             absolute
             abject
             that
             ever
             swayed
             the
             Scepter
             ,
             lost
             the
             same
             ;
             and
             being
             made
             a
             monument
             of
             Gods
             revenge
             upon
             inordinate
             desires
             in
             a
             King
             ,
             and
             of
             the
             English
             people
             ,
             being
             enraged
             ,
             not
             long
             surviving
             his
             demise
             ,
             he
             died
             a
             death
             meet
             to
             be
             for
             ever
             blotted
             out
             of
             the
             thoughts
             of
             all
             Subjects
             ,
             but
             to
             be
             had
             in
             everlasting
             remembrance
             of
             all
             Kings
             .
             For
             if
             a
             Kingdom
             or
             Parliament
             misleads
             the
             King
             ,
             at
             the
             worst
             he
             is
             but
             misled
             by
             his
             Council
             ;
             but
             if
             he
             be
             drawn
             aside
             by
             favorites
             ,
             he
             must
             thank
             his
             own
             lust
             :
             in
             the
             one
             ,
             he
             hath
             but
             the
             least
             share
             in
             the
             burthen
             ;
             in
             the
             other
             ,
             he
             must
             bear
             the
             whole
             .
          
        
         
           
             CHAP.
             LXV
             .
             Of
             the
             condition
             of
             the
             Nobility
             of
             England
             ,
             till
             the
             time
             of
             Edward
             the
             Third
             .
          
           
             NOw
             was
             Prerogative
             mounted
             up
             to
             the
             highest
             pitch
             ,
             or
             endeavoured
             so
             to
             be
             ;
             either
             through
             the
             weakness
             or
             power
             of
             these
             Kings
             ,
             of
             whom
             the
             first
             and
             last
             had
             little
             to
             ground
             upon
             but
             their
             own
             will
             ;
             and
             the
             other
             ,
             I
             mean
             Edward
             the
             first
             ,
             had
             more
             wisdom
             and
             power
             ,
             but
             was
             otherwise
             distracted
             by
             foraign
             and
             more
             urgent
             employments
             ;
             so
             as
             
             the
             work
             fainted
             before
             it
             came
             to
             its
             full
             period
             .
             The
             contest
             was
             between
             the
             King
             and
             Barons
             ,
             who
             till
             those
             days
             were
             rather
             the
             great
             and
             richer
             sort
             of
             men
             ,
             than
             Peers
             ,
             although
             they
             also
             were
             of
             the
             number
             .
             I
             am
             not
             so
             sharp-sighted
             as
             to
             reach
             the
             utmost
             intentions
             of
             the
             Lords
             :
             but
             their
             pretences
             are
             to
             such
             publick
             nature
             ,
             as
             it
             is
             plain
             ,
             that
             if
             their
             private
             interest
             was
             wrapped
             up
             therein
             ,
             they
             were
             inseparable
             :
             And
             I
             shall
             never
             quarrel
             the
             Lords
             aim
             at
             private
             respects
             ,
             whenas
             it
             is
             plain
             ,
             the
             publick
             was
             so
             importantly
             concerned
             ;
             and
             yet
             I
             will
             not
             justi●ie
             all
             that
             I
             find
             written
             concerning
             their
             Words
             and
             Actions
             .
             The
             Speech
             of
             the
             E.
             of
             Cornwal
             to
             his
             his
             elder
             Brother
             ,
             
             and
             King
             Henry
             the
             Third
             ,
             
               I
               will
               neither
               render
               up
               my
               Castle
               ,
               nor
               depart
               the
               Kingdom
               ,
               but
               by
               the
               judgment
               of
               the
               Peers
               :
            
             and
             of
             Simon
             the
             E.
             of
             Leicester
             to
             the
             same
             King
             ,
             
               that
               he
               lyed
               ,
               and
               were
               he
               not
               a
               King
               ,
               the
               Earl
               would
               make
               him
               repent
               his
               word
            
             ;
             and
             of
             the
             Lords
             ,
             that
             
               they
               would
               drive
               the
               King
               out
               of
               his
               Kingdom
               ,
               and
               elect
               another
            
             ;
             and
             of
             the
             E.
             Marshal
             to
             Edward
             the
             first
             ,
             that
             
               he
               would
               neither
               go
               into
            
             Gascoine
             ,
             
               nor
               hang
            
             ;
             and
             such
             other
             ,
             do
             savour
             of
             passion
             (
             especially
             that
             of
             the
             E.
             of
             Leicester
             and
             the
             Lords
             )
             and
             may
             seem
             harsh
             and
             unmannerly
             ;
             and
             yet
             may
             admit
             of
             some
             allay
             ,
             if
             the
             general
             rudeness
             of
             the
             time
             ,
             the
             King
             's
             injurious
             provocations
             ,
             and
             the
             passions
             of
             cholerick
             men
             ,
             be
             weighed
             together
             .
             Yet
             will
             not
             all
             these
             trench
             upon
             the
             cause
             ,
             nor
             render
             the
             state
             of
             the
             Lords
             too
             high
             ,
             or
             disproportionable
             to
             their
             place
             in
             the
             policy
             of
             the
             Kingdom
             of
             England
             ,
             as
             things
             then
             stood
             :
             I
             say
             ,
             it
             was
             not
             disproportionable
             ;
             for
             where
             the
             degree
             of
             a
             King
             was
             mounting
             up
             to
             such
             a
             pitch
             as
             to
             be
             above
             Law
             ,
             the
             Lords
             exceeded
             not
             their
             places
             in
             pressing
             him
             with
             their
             Counsels
             to
             conform
             to
             the
             Laws
             ;
             and
             in
             maintaining
             that
             trust
             that
             was
             reposed
             in
             them
             ,
             in
             keeping
             off
             such
             sinister
             Counsels
             and
             invasions
             as
             might
             violate
             the
             Laws
             and
             Liberties
             ,
             or
             hinder
             the
             current
             of
             Justice
             ;
             concerning
             which
             I
             shall
             shortly
             state
             the
             case
             ,
             and
             leave
             it
             to
             the
             censure
             of
             others
             .
             The
             Government
             of
             the
             people
             of
             this
             Nation
             in
             their
             original
             ,
             was
             Democratical
             ,
             mixt
             with
             an
             Aristocracie
             ,
             if
             any
             credit
             be
             to
             be
             given
             to
             that
             little
             light
             of
             History
             that
             is
             left
             unto
             us
             from
             those
             ancient
             times
             .
             Afterwards
             ,
             when
             they
             swarmed
             from
             their
             hive
             in
             Forreign
             parts
             ,
             and
             came
             over
             hither
             ,
             they
             came
             in
             a
             warlike
             manner
             ,
             under
             one
             conducter
             ,
             whom
             they
             called
             a
             King
             ;
             whose
             power
             ,
             whatever
             in
             the
             War
             ,
             yet
             in
             time
             of
             peace
             was
             not
             of
             that
             height
             as
             to
             rule
             alone
             ;
             I
             mean
             ,
             that
             whereas
             the
             Lords
             formerly
             had
             the
             principal
             executory
             power
             of
             Laws
             setled
             in
             them
             ,
             they
             never
             were
             absolutely
             devested
             of
             that
             power
             by
             the
             access
             of
             a
             King
             ;
             nor
             was
             the
             King
             ever
             possessed
             of
             all
             that
             power
             ,
             nor
             was
             it
             ever
             given
             to
             him
             ;
             but
             the
             Lords
             did
             ever
             hold
             that
             power
             ,
             the
             King
             concurring
             with
             them
             ;
             and
             in
             case
             the
             King
             would
             not
             concur
             ,
             the
             people
             generally
             sided
             with
             the
             Lords
             ,
             and
             so
             in
             conclusion
             the
             King
             suffered
             in
             the
             quarrel
             .
             From
             this
             ground
             did
             arise
             from
             time
             to
             time
             the
             wandrings
             of
             the
             people
             in
             electing
             and
             deposing
             their
             Kings
             during
             the
             Saxon
             times
             .
             Nor
             did
             nor
             could
             the
             
               Norman
               Williams
            
             shake
             off
             this
             co-partnership
             ,
             but
             were
             many
             times
             ,
             as
             well
             as
             other
             ensuing
             Princes
             ,
             perswaded
             against
             their
             own
             minds
             and
             plotted
             desires
             .
             Nor
             can
             it
             otherways
             be
             supposed
             where
             Councils
             are
             setled
             ;
             for
             whereto
             serve
             they
             ,
             if
             (
             notwithstanding
             them
             )
             the
             King
             may
             go
             the
             way
             of
             his
             inordinate
             desire
             ?
             If
             the
             Lords
             then
             did
             appear
             against
             these
             Kings
             whereof
             we
             treat
             ,
             in
             cases
             where
             they
             appeared
             against
             the
             Laws
             and
             Liberties
             of
             the
             people
             ;
             it
             was
             neither
             new
             ,
             nor
             so
             heinous
             as
             it
             is
             noised
             ,
             for
             them
             (
             who
             are
             equally
             ,
             if
             not
             more
             entrusted
             with
             the
             Common-wealth
             than
             the
             King
             ,
             by
             how
             much
             
             the
             Counsellors
             are
             trusted
             more
             than
             the
             Counselled
             )
             to
             be
             true
             ,
             for
             the
             maintenance
             of
             their
             trust
             ,
             in
             case
             the
             King
             shall
             desert
             his
             .
             But
             the
             greater
             question
             is
             concerning
             the
             manner
             by
             Threats
             and
             War.
             It
             is
             as
             probable
             ,
             I
             grant
             ,
             that
             the
             Lords
             used
             the
             one
             as
             the
             other
             ;
             for
             it
             was
             the
             common
             vice
             of
             the
             times
             to
             be
             rugged
             :
             yet
             if
             we
             shall
             add
             to
             what
             hath
             been
             already
             said
             ,
             first
             ,
             that
             Knight-service
             was
             for
             the
             defence
             of
             the
             Kingdom
             principally
             .
             Secondly
             ,
             that
             the
             greatest
             power
             of
             Knight-service
             rested
             with
             the
             Lords
             ,
             not
             only
             in
             propriety
             and
             ownership
             ,
             but
             in
             point
             of
             direction
             for
             the
             benefit
             of
             the
             Commonwealth
             ;
             and
             lastly
             ,
             that
             the
             state
             of
             the
             times
             now
             ,
             was
             such
             as
             the
             Kingdom
             was
             oppressed
             by
             
               strangers
               Counsels
            
             ,
             and
             the
             
               Counsels
               of
               the
               Kingdom
            
             rejected
             ;
             that
             instead
             of
             Law
             ,
             Garrisons
             of
             strangers
             ruled
             ;
             that
             no
             man
             could
             own
             his
             own
             ;
             that
             the
             Subjects
             were
             looked
             upon
             as
             enemies
             ;
             and
             of
             all
             this
             the
             King
             made
             the
             principal
             instrument
             ,
             who
             had
             ruled
             and
             over-ruled
             in
             this
             manner
             ,
             and
             so
             was
             resolved
             to
             continue
             .
             I
             shall
             leave
             it
             to
             the
             better
             judgement
             of
             others
             ,
             what
             other
             healing
             plaister
             was
             to
             be
             had
             for
             such
             a
             sore
             .
             Albeit
             it
             cannot
             be
             denied
             ,
             that
             more
             due
             respects
             might
             have
             been
             tendred
             to
             Kingly
             dignity
             than
             was
             in
             those
             times
             practised
             :
             And
             yet
             there
             was
             a
             difference
             also
             in
             the
             occasions
             of
             War
             ;
             for
             certainly
             that
             last
             War
             with
             Edward
             the
             second
             ,
             was
             more
             fatal
             ,
             and
             yet
             less
             warrantable
             ;
             and
             in
             the
             issue
             declared
             that
             there
             was
             more
             of
             the
             Queen
             therein
             than
             of
             the
             Lords
             ,
             who
             knew
             a
             way
             of
             removing
             Favourites
             from
             the
             King
             ,
             without
             removing
             the
             King
             from
             the
             Kingdom
             ,
             or
             driving
             him
             out
             of
             the
             World.
             In
             all
             which
             nevertheless
             ,
             it
             cannot
             be
             concluded
             that
             the
             Lords
             party
             was
             encreased
             more
             than
             in
             the
             former
             Kings
             times
             ;
             for
             the
             loss
             of
             the
             field
             in
             Henry
             the
             Thirds
             time
             against
             the
             Prince
             ,
             kept
             them
             in
             awe
             all
             the
             succeeding
             Reign
             (
             although
             they
             were
             not
             then
             tongue-tyed
             )
             and
             their
             second
             loss
             against
             Edward
             the
             Second
             ,
             which
             was
             yet
             more
             sharp
             ,
             questionless
             quelled
             their
             spirits
             (
             although
             they
             lost
             no
             right
             thereby
             )
             and
             encreased
             the
             Kings
             party
             much
             by
             the
             access
             to
             the
             Crown
             of
             the
             services
             of
             such
             as
             held
             of
             those
             Lords
             that
             were
             attainted
             or
             disinherited
             :
             And
             yet
             by
             a
             hidden
             providence
             ,
             the
             King
             was
             little
             the
             better
             when
             it
             came
             to
             the
             pinch
             :
             For
             when
             Edward
             the
             second
             's
             Queen
             came
             from
             beyond
             the
             Seas
             ,
             though
             with
             but
             a
             small
             force
             ,
             all
             forsake
             the
             King
             ;
             neither
             regarding
             the
             former
             terrour
             of
             the
             Army
             of
             a
             King
             ,
             nor
             the
             right
             or
             service
             ,
             nor
             Oath
             of
             Fealty
             ,
             nor
             Promises
             ,
             nor
             Laws
             ,
             nor
             other
             Engagements
             ;
             and
             so
             the
             King
             becomes
             a
             prey
             to
             an
             enraged
             woman
             ;
             or
             ,
             which
             is
             worse
             ,
             to
             a
             jealous
             Wife
             :
             So
             little
             can
             the
             name
             of
             a
             King
             do
             ,
             when
             his
             person
             is
             despised
             ;
             and
             so
             vain
             for
             him
             to
             trust
             in
             his
             Militia
             ,
             that
             hath
             already
             disarmed
             himself
             of
             the
             hearts
             of
             his
             Subjects
             .
             The
             sum
             then
             of
             all
             the
             labours
             of
             the
             Nobles
             during
             these
             times
             will
             rest
             in
             this
             ,
             that
             they
             won
             the
             day
             ,
             and
             yet
             lost
             the
             field
             :
             although
             they
             lost
             their
             own
             blouds
             and
             Estates
             ,
             yet
             they
             saved
             all
             to
             the
             people
             ,
             and
             left
             Laws
             in
             force
             ,
             able
             to
             debate
             with
             Prerogative
             in
             the
             hand
             of
             any
             King
             that
             should
             succeed
             .
             Thus
             stood
             the
             matter
             in
             fact
             upon
             such
             grounds
             as
             it
             had
             ,
             the
             validity
             whereof
             it
             is
             not
             my
             work
             to
             censure
             neither
             by
             the
             ballance
             of
             Law
             or
             Gospel
             ,
             but
             leave
             it
             as
             a
             sore
             time
             ,
             that
             scarce
             will
             endure
             touch
             ,
             nor
             bear
             a
             King
             further
             than
             he
             was
             good
             or
             brave
             .
          
        
         
           
           
             CHAP.
             LXVI
             .
             Of
             the
             state
             of
             the
             English
             Clergie
             until
             the
             time
             of
             Edward
             the
             Third
             :
             And
             herein
             concerning
             the
             Statute
             of
             Circumspecte
             agatis
             ,
             Articuli
             Cleri
             ;
             and
             of
             general
             Councils
             ,
             and
             National
             Synods
             .
          
           
             IT
             was
             a
             time
             of
             much
             action
             throughout
             the
             whole
             Christian
             State
             ;
             and
             Rome
             now
             having
             attained
             to
             its
             full
             glory
             ,
             began
             to
             be
             eyed
             on
             all
             parts
             ,
             as
             an
             irregular
             motion
             crossing
             all
             affairs
             ,
             that
             it
             may
             like
             the
             sole
             Empress
             command
             all
             ,
             and
             be
             controuled
             by
             none
             ;
             and
             this
             wrought
             some
             stirrings
             in
             France
             ,
             complainings
             in
             England
             ,
             and
             facing
             between
             the
             Emperour
             and
             the
             Pope
             .
             
             How
             chargeable
             this
             was
             to
             the
             Pope's
             Treasury
             it
             is
             not
             material
             ,
             but
             it
             occasioned
             ,
             or
             was
             pretended
             to
             be
             the
             occasion
             ,
             of
             all
             the
             intolerable
             exactions
             ensuing
             ;
             there
             being
             scarce
             one
             year
             passed
             over
             without
             some
             extraordinary
             exaction
             levyed
             upon
             the
             Church-men
             ,
             either
             by
             
               Provisors
               ,
               Tenths
               ,
               Procurations
            
             ,
             Levies
             for
             the
             
               Holy
               War
               ,
               Quindizms
               ,
               Benevolences
               ,
            
             or
             other
             such
             like
             ;
             and
             where
             money
             was
             not
             to
             be
             had
             ,
             by
             levies
             of
             Ornaments
             ,
             or
             of
             rich
             Apparel
             ,
             by
             
               intimation
               ,
               begging
               ,
               perswading
               ,
               commanding
               ,
               threatning
            
             ;
             and
             in
             this
             course
             they
             continued
             till
             they
             had
             out-faced
             shame
             it self
             ,
             and
             that
             the
             whole
             Law
             of
             Rome
             became
             comprehended
             in
             this
             one
             ,
             
               Quicquid
               libet
               licet
            
             .
             In
             general
             therefore
             the
             Church
             of
             Rome
             cannot
             be
             said
             to
             thrive
             during
             these
             extorting
             times
             ,
             although
             Rome
             did
             ;
             for
             if
             the
             Laity
             were
             pillaged
             by
             the
             King
             ,
             the
             Clergie
             much
             more
             both
             by
             Pope
             and
             King
             :
             if
             the
             one
             complained
             ,
             the
             other
             cried
             :
             the
             one
             sometimes
             found
             relief
             from
             the
             King
             ,
             but
             the
             other
             was
             helpless
             ;
             for
             the
             Pope
             had
             no
             Ears
             to
             hear
             ,
             nor
             the
             King
             Hands
             to
             help
             .
             
             He
             neither
             durst
             nor
             would
             cross
             the
             Pope
             ,
             although
             the
             Clergie
             told
             him
             ,
             that
             by
             these
             exactions
             they
             were
             impoverished
             in
             such
             manner
             ,
             as
             they
             were
             disabled
             to
             do
             him
             service
             for
             their
             Lay-fees
             .
             Thus
             Rome
             becomes
             a
             burthen
             to
             Rome
             ,
             and
             the
             Members
             weary
             of
             bearing
             their
             Head.
             Hereafter
             must
             the
             Pope
             beware
             of
             falling
             out
             with
             Kings
             ;
             for
             the
             English
             Clergie
             now
             ,
             though
             late
             ,
             see
             ,
             that
             all
             is
             not
             Gold
             that
             glitters
             ;
             nor
             is
             it
             any
             great
             priviledge
             to
             be
             the
             
               Pope's
               men
            
             ,
             further
             than
             the
             Pope
             will
             be
             a
             good
             Master
             ,
             but
             this
             was
             not
             to
             be
             expected
             .
             Popes
             were
             grown
             so
             excellent
             ,
             as
             they
             could
             not
             amend
             ;
             and
             England
             so
             enamoured
             of
             them
             ,
             as
             it
             is
             become
             their
             
               verè
               hortus
               deliciarum
            
             ,
             
             as
             the
             Pope
             called
             it
             ,
             when
             he
             saw
             the
             rich
             vestments
             of
             the
             English
             Church-men
             ;
             and
             therefore
             they
             must
             now
             be
             contented
             to
             be
             the
             Pope's
             viands
             as
             often
             as
             his
             hungry
             maw
             doth
             call
             ,
             or
             otherwise
             they
             must
             fall
             out
             .
             An
             excellent
             posture
             of
             affairs
             ,
             and
             brave
             preparative
             to
             dispose
             the
             hearts
             of
             all
             sorts
             for
             entertainment
             of
             the
             easie
             yoke
             of
             Christ's
             government
             ,
             which
             was
             now
             at
             the
             door
             ,
             and
             ready
             to
             be
             revealed
             !
             Nevertheless
             ,
             poor
             and
             mean
             as
             the
             Clergie
             was
             ,
             they
             had
             courage
             enough
             not
             onely
             to
             stickle
             both
             with
             King
             and
             people
             for
             their
             own
             liberties
             ,
             but
             also
             to
             invade
             the
             liberties
             both
             of
             the
             Crown
             and
             Commons
             ;
             having
             this
             advantage
             ,
             that
             they
             had
             to
             do
             with
             a
             King
             and
             people
             that
             were
             two
             ;
             and
             themselves
             well
             seconded
             by
             the
             Pope
             ,
             that
             had
             no
             less
             power
             in
             those
             times
             of
             publick
             distraction
             ,
             and
             was
             bound
             to
             serve
             the
             Cattle
             well
             that
             yielded
             him
             so
             much
             milk
             .
             The
             particular
             matters
             of
             debate
             may
             appear
             
             in
             their
             Paper
             of
             Grievances
             composed
             in
             Henry
             the
             third's
             time
             ,
             and
             their
             Resolutions
             thereupon
             :
             
             their
             Complaints
             were
             renewed
             again
             in
             the
             time
             of
             Edward
             the
             first
             (
             if
             we
             may
             give
             credit
             to
             Baronius
             )
             after
             the
             Statute
             of
             
               Circumspecte
               agatis
            
             .
             To
             the
             end
             therefore
             that
             the
             whole
             may
             lie
             before
             us
             ,
             I
             shall
             set
             down
             the
             matter
             or
             substance
             of
             both
             these
             Papers
             severally
             ,
             in
             regard
             they
             sound
             much
             alike
             ;
             and
             note
             the
             difference
             :
             all
             which
             I
             shall
             do
             ,
             to
             the
             end
             that
             it
             may
             more
             plainly
             appear
             what
             the
             
             Church-mens
             Idaea
             was
             ,
             and
             how
             far
             the
             
               common
               Law
            
             and
             King's
             Prerogative
             would
             agree
             thereto
             .
          
           
             
               The
               Complaints
               are
               of
               this
               nature
               .
            
             
               1.
               
               That
               the
               Church-possessions
               in
               their
               vacancies
               are
               wasted
               ,
               and
               that
               Escheators
               do
               not
               onely
               seize
               the
               personal
               Estate
               of
               the
               Abbot
               or
               Prior
               deceased
               ,
               but
               such
               Corn
               in
               the
               Barn
               ,
               and
               other
               Goods
               belonging
               to
               the
               houses
               ,
               for
               their
               maintenance
               ;
               
               as
               also
               the
               profits
               of
               Churches
               impropriate
               .
            
             
               3
               ,
               
                 &
                 4
                 ,
                 &
              
               5.
               
               Elections
               are
               either
               disturbed
               by
               the
               King's
               Letters
               preceding
               ,
               or
               by
               delay
               of
               the
               Royal
               assent
               subsequent
               to
               the
               said
               Elections
               .
            
             
               6.
               
               The
               Lay-power
               ,
               without
               the
               advice
               of
               the
               Clergie
               ,
               do
               put
               in
               ,
               eject
               ,
               or
               restore
               Incumbents
               to
               Benefices
               void
               .
            
             
               7.
               
               Prelates
               are
               summoned
               to
               answer
               to
               the
               Lay-power
               ,
               in
               the
               Writs
               
                 Quare
                 excommunicavit
              
               ,
               and
               
                 Quare
                 non
                 admisit
              
               .
            
             
               8.
               
               Clerks
               are
               distrained
               in
               their
               Lay-fees
               ,
               to
               answer
               before
               the
               Lay-power
               in
               Action
               of
               Debts
               ,
               Trespass
               ,
               or
               other
               personal
               Actions
               ;
               and
               in
               case
               they
               have
               no
               Lay-fees
               ,
               the
               Ordinary
               is
               distrained
               by
               his
               Barony
               to
               cause
               the
               Clerk
               to
               appear
               .
            
             
               9.
               
               The
               Laity
               are
               forbidden
               to
               take
               Oath
               ,
               or
               to
               inform
               upon
               Oath
               before
               the
               Prelates
               ,
               and
               to
               obey
               the
               Prelates
               commands
               in
               such
               cases
               .
            
             
               10.
               
               Persons
               taken
               and
               imprisoned
               upon
               Excommunication
               ,
               are
               ordinarily
               dismist
               without
               satisfaction
               to
               the
               Prelate
               ;
               and
               sometimes
               are
               not
               taken
               by
               the
               Sheriff
               ,
               
               notwithstanding
               the
               King
               's
               Writ
               :
               And
               as
               well
               the
               King
               as
               his
               Officers
               do
               ordinarily
               communicate
               with
               such
               as
               are
               excommunicated
               ,
               
               and
               likewise
               command
               others
               to
               communicate
               with
               them
               .
            
             
               14.
               
               Clerks
               imprisoned
               for
               Felony
               are
               refused
               to
               be
               delivered
               to
               the
               Ordinary
               ,
               
               unless
               upon
               security
               to
               appear
               before
               the
               Justices
               in
               Oyer
               ;
               and
               sometimes
               are
               hanged
               before
               their
               Ordinary
               can
               demand
               them
               ;
               and
               sometimes
               their
               heads
               are
               all
               shaven
               ,
               
               that
               they
               may
               not
               appear
               to
               be
               Clerks
               .
            
             
               16.
               
               Justices
               itinerant
               do
               imprison
               Clerks
               defamed
               for
               Felony
               ,
               or
               otherwise
               out-law
               them
               if
               they
               do
               not
               appear
               .
               And
               otherwise
               proceed
               against
               Clerks
               after
               their
               purgation
               before
               the
               Ordinary
               .
               
            
             
               18.
               
               The
               Lay-power
               seizes
               upon
               the
               Estates
               of
               Clerks
               degraded
               for
               Crimes
               .
            
             
               19.
               
               Clergie
               are
               compelled
               to
               answer
               and
               give
               satisfaction
               for
               offences
               against
               the
               Forest-Laws
               before
               the
               Lay-power
               :
               
               And
               in
               case
               of
               default
               ,
               the
               Bishop
               by
               distress
               is
               compelled
               to
               order
               satisfaction
               ,
               
               as
               well
               in
               such
               cases
               ,
               as
               in
               personal
               Actions
               .
            
             
               22.
               
               Priviledges
               of
               Sanctuary
               are
               invaded
               by
               force
               .
            
             
               23.
               
               Executors
               of
               Bishops
               are
               hindred
               from
               administring
               the
               Estate
               without
               License
               first
               obtained
               from
               the
               King.
               
            
             
               24.
               
               The
               King's
               Tenants
               Goods
               are
               seized
               after
               their
               decease
               by
               the
               King's
               Bayliffs
               .
            
             
               25.
               
               Intestates
               goods
               are
               seized
               by
               their
               Lords
               ,
               and
               their
               Ordinary
               hindred
               from
               Administration
               .
            
             
               
               26.
               
               The
               King's
               prohibition
               passeth
               in
               case
               of
               Tythes
               and
               Chappels
               .
            
             
               27.
               
               The
               like
               in
               cases
               of
               
                 Troth
                 plight
                 ,
                 Perjury
                 ,
                 Cerage
                 ,
                 Heriet
                 ,
              
               or
               other
               Church-duties
               ,
               as
               money
               for
               reparations
               of
               Churches
               ,
               and
               fences
               in
               Church-yards
               ,
               pecuniary
               punishment
               for
               Adultery
               ,
               
               and
               costs
               of
               suit
               in
               
                 Ecclesiastical
                 Court
              
               ,
               
               
                 Sacriledge
                 ,
                 Excommunication
              
               for
               breach
               of
               the
               Liberties
               of
               the
               Church
               ,
               
               contrary
               to
               the
               
                 Grand
                 Charter
              
               .
            
             
               30.
               
               In
               cases
               of
               prohibition
               ,
               if
               the
               Ecclesiastical
               Judge
               proceed
               contrary
               to
               the
               same
               ,
               he
               is
               attached
               ,
               and
               compelled
               to
               shew
               his
               Acts
               in
               Court
               ;
               if
               the
               
               Lay-Judge
               determine
               the
               cause
               to
               be
               Temporal
               ,
               the
               Ecclesiastical
               Judge
               is
               amerced
               ;
               if
               he
               proceed
               against
               the
               prohibition
               ,
               and
               it
               is
               tryed
               by
               Witnesses
               of
               two
               ribaulds
               :
               and
               in
               case
               it
               be
               found
               for
               the
               Ecclesiastical
               Judges
               cognizance
               ,
               yet
               there
               is
               no
               costs
               allowed
               for
               such
               vexation
               .
               
            
             
               32.
               
               That
               Jews
               in
               matters
               Ecclesiastical
               aforesaid
               ,
               are
               by
               the
               King's
               prohibition
               drawn
               from
               the
               Ecclesiastical
               Judge
               unto
               the
               
               Lay-Magistrate
               .
            
             
               34.
               
               Question
               about
               Lands
               given
               in
               Frankalmoin
               ,
               are
               tryed
               in
               the
               
               Lay-Courts
               ;
               and
               by
               reason
               of
               such
               Tenure
               ,
               
               the
               owners
               ,
               though
               Clergie
               men
               ,
               are
               compelled
               to
               do
               suit
               at
               the
               
               Lay-Courts
               ,
               
               and
               are
               charged
               with
               impositions
               ,
               and
               are
               distrained
               hereunto
               ,
               
               although
               the
               Lord
               have
               other
               Land
               of
               the
               Donor
               in
               Frankalmoin
               subject
               to
               his
               distress
               .
               
            
             
               39.
               
               Prelates
               summoned
               to
               higher
               Courts
               ,
               are
               not
               allowed
               to
               make
               Attorneys
               to
               appear
               for
               them
               in
               the
               inferiour
               civil
               Courts
               .
            
             
               41.
               
               Grantees
               of
               Murage
               ,
               or
               other
               unwonted
               impositions
               ,
               compel
               the
               Church-men
               to
               pay
               the
               same
               .
            
             
               42
               ,
               &
               43.
               
               The
               Clergie
               are
               charged
               with
               
                 Quarter
                 ,
                 Cart-service
              
               ,
               and
               purveying
               .
            
             
               44.
               
               The
               Chancery
               sendeth
               out
               new
               Writs
               contrary
               to
               the
               liberties
               of
               the
               Church
               ,
               and
               the
               Law
               of
               the
               Land
               ,
               without
               the
               assent
               of
               the
               Council
               of
               the
               Kingdom
               ,
               Princes
               and
               Prelates
               .
            
             
               45.
               
               The
               King
               doth
               compel
               the
               Clergie
               to
               Benevolences
               to
               the
               King
               at
               his
               Voyage
               into
               foreign
               parts
               .
            
             
               46.
               
               Amercements
               granted
               to
               Clergie-men
               ,
               are
               turned
               into
               Fines
               by
               the
               Justices
               ,
               and
               by
               them
               taken
               .
            
             
               47.
               
               Clergie-men
               are
               fined
               for
               want
               of
               appearance
               before
               the
               Justices
               itinerant
               ,
               and
               of
               the
               Forest
               ,
               upon
               common
               summons
               .
            
             
               48.
               
               
                 Quo
                 warranto's
              
               granted
               against
               the
               Clergie
               for
               their
               Liberties
               ,
               and
               the
               same
               seized
               ,
               unless
               they
               be
               set
               down
               in
               express
               words
               in
               their
               Charter
               ,
               notwithstanding
               that
               by
               long
               custom
               they
               have
               enjoyed
               the
               same
               ,
               
               and
               many
               times
               contrary
               to
               express
               grant
               .
               
            
          
           
             This
             is
             the
             sum
             of
             their
             Paper
             of
             Grievances
             ;
             and
             because
             they
             found
             the
             King
             either
             wilful
             or
             unconstant
             ,
             they
             resolve
             upon
             a
             Remedy
             of
             their
             own
             ,
             by
             Excommunication
             and
             Interdiction
             ,
             not
             sparing
             the
             persons
             of
             any
             principal
             or
             accessory
             ,
             nor
             their
             Lands
             ,
             no
             not
             of
             the
             King
             himself
             :
             and
             for
             this
             they
             joyn
             all
             as
             one
             man.
             Now
             what
             scare
             this
             made
             ,
             I
             know
             not
             ,
             but
             Henry
             the
             third
             in
             the
             Stat.
             of
             Marlb
             .
             and
             Edward
             the
             first
             in
             his
             Stat.
             at
             Westminster
             ,
             and
             other
             Statutes
             :
             the
             first
             spake
             fair
             ,
             and
             seemed
             to
             redress
             some
             of
             these
             complaints
             :
             as
             also
             did
             Edward
             the
             second
             ;
             and
             yet
             the
             Common
             Law
             lost
             little
             ground
             thereby
             .
          
           
             That
             which
             Henry
             the
             third
             did
             ,
             besides
             his
             promises
             of
             reforming
             ,
             was
             done
             in
             the
             Stat.
             of
             Marlbridge
             .
          
           
             The
             successors
             of
             Abbots
             ,
             
             Priors
             ,
             and
             Prelates
             ,
             &c.
             shall
             have
             an
             Action
             of
             Trespass
             for
             Trespasses
             done
             nigh
             before
             the
             death
             of
             their
             
             decessors
             ,
             upon
             the
             Estates
             of
             their
             Corporations
             .
             And
             shall
             prosecute
             an
             Action
             begun
             by
             their
             Predecessors
             .
             And
             also
             shall
             have
             an
             Assize
             against
             Intruders
             into
             any
             of
             the
             Possessions
             belonging
             to
             the
             said
             Corporations
             whereof
             their
             Predecessors
             died
             seized
             .
          
           
             This
             might
             seem
             a
             remedy
             provided
             against
             the
             first
             Malady
             complained
             of
             ,
             and
             questionless
             bound
             all
             but
             the
             King
             ;
             and
             so
             might
             perchance
             abate
             somewhat
             the
             edge
             of
             that
             Article
             .
             But
             it
             being
             the
             Clergies
             reach
             to
             grow
             rich
             ,
             and
             the
             Pope's
             cunning
             to
             help
             on
             that
             Work
             ,
             that
             they
             might
             be
             as
             stores
             for
             supply
             of
             his
             Treasury
             ;
             and
             had
             forbidden
             Abbots
             and
             other
             Prelates
             ,
             &c.
             the
             liberty
             of
             disposing
             their
             Estates
             by
             
               last
               Will
            
             :
             Kings
             therefore
             as
             supreme
             Patrons
             to
             these
             bodies
             in
             their
             vacancies
             ,
             used
             to
             seize
             all
             the
             Estates
             of
             the
             Prelates
             ,
             with
             the
             Temporalities
             ,
             to
             their
             own
             use
             ,
             as
             well
             to
             preserve
             the
             Riches
             of
             the
             Kingdom
             to
             it self
             ,
             and
             the
             possessions
             of
             such
             Corporations
             from
             spoil
             ,
             as
             to
             be
             a
             cloke
             of
             their
             own
             covetousness
             .
             And
             under
             the
             Estates
             of
             the
             Prelates
             ,
             or
             Heads
             of
             these
             Corporations
             ,
             all
             the
             Goods
             and
             Chattels
             belonging
             to
             the
             said
             Corporations
             were
             comprehended
             ,
             
             in
             regard
             that
             all
             was
             by
             Law
             adjudged
             to
             be
             in
             the
             sole
             possession
             of
             such
             Head
             ,
             and
             without
             whom
             all
             the
             rest
             were
             accounted
             but
             as
             
               dead
               persons
            
             .
          
           
             No
             Clergie-man
             is
             bound
             to
             attend
             at
             the
             Sheriff's
             Turn
             .
             
          
           
             William
             the
             Conquerour
             first
             exempted
             the
             persons
             of
             the
             Clergy
             from
             attendance
             upon
             Temporal
             Courts
             ;
             yet
             they
             were
             still
             urged
             thereto
             ,
             
             and
             especially
             by
             a
             Law
             in
             Henry
             the
             first
             's
             time
             ;
             but
             by
             this
             Law
             they
             are
             discharged
             ,
             
             and
             in
             some
             measure
             a
             provision
             made
             against
             the
             grievance
             in
             the
             39th
             Article
             before-mentioned
             .
             These
             amends
             we
             find
             made
             to
             the
             Clergie
             by
             Henry
             the
             third
             ,
             besides
             his
             confirming
             the
             
               Grand
               Charter
            
             :
             And
             his
             Son
             Edward
             the
             first
             pursued
             the
             same
             course
             ,
             especially
             in
             his
             first
             times
             ,
             when
             he
             was
             but
             tenderly
             rooted
             ;
             as
             may
             appear
             in
             the
             Statute
             of
             West
             .
             1.
             
          
           
             Clergie-men
             nor
             their
             Houses
             shall
             be
             charged
             with
             Quarter
             ,
             
             nor
             their
             Goods
             with
             Purveyance
             or
             Cart-service
             ,
             under
             peril
             of
             imprisonment
             ,
             and
             damages
             by
             action
             or
             imprisonment
             .
          
           
             The
             great
             endowments
             of
             Lands
             ,
             Rents
             ,
             and
             Revenues
             given
             to
             the
             Church-men
             by
             the
             Laity
             ,
             was
             for
             the
             maintenance
             of
             Hospitality
             and
             works
             of
             Charity
             .
             The
             Founders
             and
             Benefactors
             hereby
             obtained
             a
             right
             of
             Corody
             or
             Entertainment
             at
             such
             places
             ,
             in
             nature
             of
             Free-quarter
             ;
             which
             in
             the
             necessitous
             times
             of
             Henry
             the
             third
             ,
             became
             so
             common
             ,
             that
             every
             one
             that
             had
             power
             never
             questioned
             right
             ,
             and
             the
             King
             above
             all
             the
             rest
             .
             By
             means
             whereof
             ,
             the
             Church-revenues
             were
             exceedingly
             wasted
             :
             for
             remedy
             whereof
             ,
             all
             Offenders
             are
             by
             this
             Statute
             made
             liable
             to
             fine
             and
             imprisonment
             ,
             and
             double
             damages
             in
             case
             of
             Action
             of
             Trespass
             ;
             the
             King
             onely
             excepted
             ,
             against
             whom
             they
             had
             no
             defence
             ,
             but
             would
             rather
             have
             won
             him
             to
             have
             been
             their
             defence
             against
             the
             exactions
             from
             Rome
             that
             continually
             plagued
             them
             .
          
           
             A
             Clerk
             taken
             upon
             Felony
             ,
             
             being
             demanded
             ,
             shall
             be
             delivered
             to
             the
             Ordinary
             ;
             but
             being
             indicted
             ,
             shall
             not
             be
             dismissed
             by
             the
             Ordinary
             without
             due
             purgation
             .
          
           
           
             With
             due
             respects
             to
             the
             judgment
             of
             those
             grave
             and
             honourable
             persons
             of
             the
             Law
             ,
             
             it
             seemeth
             to
             me
             that
             before
             the
             making
             hereof
             ,
             the
             use
             was
             ,
             
             that
             if
             a
             Clerk
             was
             defamed
             ,
             or
             appealed
             by
             an
             Offender
             for
             Felony
             ,
             before
             Conviction
             ,
             he
             was
             forthwith
             imprisoned
             .
             Nor
             could
             he
             be
             delivered
             unto
             the
             Ordinary
             upon
             demand
             before
             Inquest
             taken
             ,
             unless
             upon
             sufficient
             Security
             to
             endure
             the
             Tryal
             before
             the
             Judges
             itinerant
             ;
             which
             thing
             was
             not
             easie
             to
             be
             had
             for
             a
             Clerk
             ,
             as
             times
             then
             were
             .
             This
             Law
             therefore
             was
             made
             in
             favour
             of
             the
             Clergie
             ,
             who
             required
             that
             such
             as
             were
             
               Clerici
               noti
               &
               honesti
            
             ,
             should
             forthwith
             upon
             their
             apprehending
             be
             sent
             unto
             their
             Ordinary
             ;
             and
             those
             which
             were
             
               vagi
               &
               incogniti
            
             ,
             
             should
             upon
             demand
             be
             delivered
             to
             be
             judged
             by
             their
             Ordinary
             freely
             ,
             and
             
               non
               expectatis
               Justiciariis
               quibuscunque
            
             .
             Such
             wandring
             Clerks
             therefore
             the
             Clergy
             will
             have
             delivered
             before
             Inquisition
             ,
             if
             demand
             be
             made
             .
             Nevertheless
             ,
             because
             the
             Indictment
             passed
             many
             times
             before
             the
             Demand
             came
             ;
             for
             by
             the
             fifteenth
             Article
             of
             the
             
               Clergies
               Complaints
            
             foregoing
             ,
             it
             appears
             that
             the
             Lay-Judge
             made
             more
             than
             ordinary
             speed
             ,
             for
             fear
             of
             stop
             :
             This
             Law
             provided
             that
             such
             also
             should
             be
             delivered
             to
             their
             Ordinary
             ,
             and
             that
             due
             purgation
             should
             pass
             before
             the
             party
             were
             delivered
             ;
             and
             in
             case
             the
             Ordinary
             neglected
             his
             duty
             herein
             ,
             he
             was
             liable
             to
             a
             Fine
             or
             Amercement
             .
             
             Thus
             is
             Briton
             to
             be
             understood
             in
             this
             point
             ;
             whereas
             Bracton
             speaking
             of
             such
             as
             are
             convicted
             ,
             
             affirmeth
             ,
             That
             if
             demand
             be
             made
             of
             such
             as
             are
             not
             indicted
             (
             for
             of
             such
             he
             speaketh
             )
             they
             ought
             to
             be
             delivered
             without
             Indictment
             :
             I
             suppose
             he
             meaneth
             by
             the
             Church-Law
             ;
             for
             till
             this
             Statute
             the
             Temporal
             Judges
             practice
             was
             otherwise
             ,
             as
             appeareth
             by
             the
             fourteenth
             Article
             of
             the
             
               Clergies
               Complaint
            
             foregoing
             ;
             and
             so
             by
             this
             Law
             ,
             the
             fourteenth
             and
             fifteenth
             Articles
             of
             the
             
               Clergies
               Complaint
            
             are
             answered
             .
          
           
             
               Disturbers
               of
               the
               Freedom
               of
               Elections
               fined
               .
               
            
          
           
             With
             submission
             to
             the
             judgment
             of
             others
             ,
             I
             suppose
             that
             this
             was
             framed
             principally
             for
             the
             satisfaction
             of
             the
             
               Clergies
               Complaints
            
             in
             the
             third
             ,
             fourth
             ,
             and
             fifth
             Articles
             foregoing
             :
             and
             I
             am
             the
             rather
             induced
             hereto
             ,
             because
             as
             touching
             Elections
             into
             Temporal
             places
             of
             Government
             ,
             several
             Laws
             are
             especially
             framed
             ;
             such
             as
             are
             Elections
             of
             Sheriffs
             and
             Coroners
             ,
             whereof
             the
             one
             is
             
               West
               .
               1.
               cap.
            
             10.
             the
             other
             
               Artic.
               super
               Cart.
            
             cap.
             10.
             and
             no
             Law
             is
             especially
             made
             as
             touching
             the
             Elections
             of
             the
             Clergie
             ,
             if
             not
             this
             .
          
           
             Ordinaries
             having
             the
             Goods
             of
             the
             Intestate
             ,
             
             shall
             answer
             his
             Debts
             .
          
           
             Originally
             the
             Goods
             of
             the
             Intestate
             passed
             by
             a
             kind
             of
             descent
             to
             the
             Children
             :
             afterward
             by
             a
             Saxon
             Law
             ,
             the
             Wife
             had
             her
             part
             ;
             and
             this
             continued
             all
             the
             Normans
             time
             .
             But
             now
             the
             strength
             of
             the
             Canon-Law
             growing
             to
             its
             full
             pitch
             ,
             after
             a
             long
             chase
             attached
             the
             prey
             .
             In
             Henry
             the
             first
             's
             time
             they
             had
             gotten
             a
             taste
             ;
             for
             although
             the
             Wife
             and
             Children
             ,
             or
             next
             of
             kin
             ,
             had
             then
             the
             possession
             ,
             yet
             it
             was
             for
             the
             good
             of
             the
             Soul
             of
             the
             deceased
             ;
             and
             the
             Ordinary
             had
             a
             directing
             power
             therein
             ,
             and
             so
             was
             in
             the
             nature
             of
             an
             Overseer
             ,
             and
             somewhat
             more
             .
             Afterwards
             in
             the
             time
             of
             King
             John
             ,
             the
             Clergie
             had
             drawn
             bloud
             :
             for
             though
             the
             possession
             was
             as
             formerly
             ,
             yet
             the
             dividend
             must
             be
             made
             in
             the
             view
             of
             the
             Church
             ;
             and
             by
             this
             means
             the
             dividers
             were
             but
             meer
             instruments
             ,
             and
             
             the
             right
             was
             vanished
             into
             the
             Clouds
             ,
             or
             ,
             as
             the
             Lawyers
             term
             it
             ,
             
               in
               Abeyance
            
             .
             But
             in
             Henry
             the
             third's
             time
             ,
             the
             Clergy
             had
             not
             onely
             gotten
             the
             game
             ,
             but
             gorged
             it
             :
             Both
             Right
             and
             Possession
             was
             now
             become
             theirs
             ,
             and
             wrong
             done
             to
             none
             but
             the
             Clouds
             .
             This
             was
             not
             well
             digested
             before
             Edward
             the
             first
             recovered
             part
             of
             the
             morsel
             ,
             and
             by
             this
             Law
             declared
             the
             use
             to
             be
             for
             
               the
               benefit
               of
               the
               deceased
            
             .
             And
             thus
             the
             one
             was
             satisfied
             in
             having
             what
             he
             used
             not
             ,
             the
             other
             ,
             in
             using
             what
             he
             had
             not
             .
          
           
             But
             these
             are
             but
             gleanings
             ;
             the
             Law
             of
             
               Circumspecte
               agatis
            
             brings
             in
             a
             Load
             at
             once
             :
             For
             the
             Clergie
             being
             vexed
             with
             the
             passing
             of
             the
             Statute
             of
             Mortmain
             (
             whereof
             hereafter
             when
             we
             come
             to
             speak
             of
             the
             Clergies
             losses
             )
             they
             make
             grievous
             complaints
             of
             wrongs
             done
             to
             their
             priviledges
             .
             And
             after
             six
             years
             the
             King
             is
             at
             length
             won
             ,
             and
             passed
             a
             writing
             somewhat
             like
             a
             grant
             of
             Liberties
             ,
             
             which
             before-times
             were
             in
             controversie
             :
             and
             this
             Grant
             ,
             if
             it
             may
             be
             so
             called
             ,
             hath
             by
             continuance
             usurped
             the
             name
             of
             a
             Statute
             ;
             but
             in
             its
             own
             nature
             is
             no
             other
             than
             a
             Writ
             directed
             to
             the
             Judges
             ,
             in
             substance
             as
             followeth
             :
          
           
             Take
             good
             heed
             that
             you
             do
             not
             punish
             the
             Bishop
             of
             Norwich
             and
             his
             Clergie
             ,
             
             if
             they
             hold
             plea
             in
             Court-Christian
             of
             things
             merely
             spiritual
             :
             for
             in
             such
             cases
             the
             Ecclesiastical
             Judge
             hath
             cognisance
             ,
             notwithstanding
             the
             King's
             prohibition
             .
          
           
             It
             is
             therefore
             neither
             Grant
             nor
             Release
             ,
             but
             as
             it
             were
             a
             Covenant
             ,
             that
             the
             Clergy
             shall
             hold
             peaceable
             possession
             of
             what
             they
             had
             ,
             upon
             this
             ground
             ,
             that
             the
             King's
             prohibition
             ,
             hath
             no
             place
             in
             such
             things
             as
             are
             merely
             spiritual
             .
             So
             as
             hereby
             the
             Clergy
             got
             a
             Judgement
             against
             the
             Crown
             by
             confession
             ,
             and
             an
             Estoppel
             ,
             upon
             this
             maxime
             ,
             
             that
             
               spiritual
               things
               belong
               to
               spiritual
               men
               ,
            
             into
             which
             rank
             the
             King's
             person
             cannot
             come
             :
             thus
             thought
             they
             ;
             but
             what
             are
             spiritual
             causes
             ,
             and
             why
             so
             called
             ?
             are
             they
             such
             as
             concern
             spiritual
             persons
             and
             things
             ?
             this
             was
             the
             old
             way
             :
             mark
             ;
             but
             if
             we
             bring
             into
             this
             Category
             ,
             
               Adultery
               ,
               Fornication
               ,
               Incest
            
             ,
             &c.
             we
             shall
             mar●all
             .
             Linwood
             tells
             us
             ,
             that
             
               mere
               spiritualia
            
             are
             such
             as
             are
             
               sine
               mixtura
               temporalium
            
             :
             there
             may
             be
             somewhat
             in
             this
             ,
             though
             I
             cannot
             find
             it
             ;
             nor
             can
             I
             make
             out
             the
             sence
             of
             the
             term
             any
             other
             way
             ,
             but
             to
             limit
             it
             to
             such
             things
             which
             by
             common
             custom
             the
             
               Ecclesiastical
               Judge
            
             had
             cognizance
             of
             :
             for
             otherwise
             neither
             King
             nor
             Law
             ever
             intended
             it
             to
             be
             expounded
             by
             the
             Canon
             ,
             nor
             was
             it
             the
             intent
             of
             this
             
               Writ
               ,
               Law
            
             ,
             or
             License
             (
             call
             it
             what
             you
             will
             )
             thus
             to
             conclude
             ,
             as
             the
             particulars
             following
             will
             manifest
             .
          
           
             
               Fornication
               ,
               Adultery
            
             ,
             and
             such-like
             ,
             punished
             sometimes
             upon
             the
             body
             ,
             and
             sometimes
             upon
             the
             purse
             .
          
           
             These
             crimes
             the
             Saxons
             punished
             by
             the
             Temporal
             power
             ,
             as
             I
             have
             already
             shewed
             .
             The
             Normans
             continued
             this
             course
             ,
             if
             we
             may
             believe
             the
             Conqueror's
             Laws
             ,
             
             which
             gave
             the
             fine
             in
             such
             cases
             to
             the
             Lord
             of
             the
             Delinquent
             .
             And
             it
             is
             confessed
             ,
             that
             Henry
             the
             first
             and
             the
             second
             continued
             it
             ;
             as
             the
             Clergies
             own
             complaint
             ,
             just
             or
             unjust
             ,
             doth
             witness
             .
             And
             what
             course
             was
             holden
             in
             the
             time
             of
             King
             Steven
             and
             John
             ,
             is
             to
             me
             unknown
             ;
             nor
             is
             it
             much
             to
             be
             regarded
             ,
             
             seeing
             the
             latter
             did
             he
             cared
             not
             what
             ,
             and
             the
             former
             to
             gain
             the
             good
             will
             of
             the
             Clergie
             regarded
             not
             what
             he
             did
             .
             The
             custom
             therefore
             cannot
             be
             made
             
             good
             for
             the
             Clergie
             ,
             much
             less
             to
             punish
             the
             bodies
             of
             Freemen
             in
             such
             cases
             ,
             it
             being
             contrary
             to
             the
             
               Grand
               Charter
            
             ;
             never
             asked
             by
             the
             Clergie
             ,
             formerly
             ,
             nor
             no
             complaint
             before
             now
             for
             denial
             :
             for
             my
             part
             therefore
             I
             shall
             not
             apprehend
             it
             of
             a
             higher
             nature
             than
             the
             King
             's
             Writ
             ,
             which
             in
             those
             days
             went
             forth
             at
             random
             ,
             if
             the
             44th
             Article
             of
             the
             Clergies
             ,
             complaints
             foregoing
             be
             true
             .
             It
             being
             so
             contrary
             to
             the
             common
             sence
             of
             Parliament
             to
             give
             the
             bodies
             of
             the
             Freemen
             to
             the
             will
             of
             the
             Clergie
             ,
             
             to
             whom
             they
             would
             not
             submit
             their
             
               Free
               holds
            
             .
             But
             the
             Writ
             proceeds
             in
             enumeration
             of
             particulars
             .
          
           
             Reparations
             and
             adornings
             of
             Churches
             ,
             and
             Fences
             of
             Church-yards
             .
             Violence
             done
             to
             a
             Clerk
             ,
             Defamation
             to
             reform
             ,
             not
             to
             give
             damage
             .
             Perjury
             ,
             oblations
             ,
             payments
             of
             Tythes
             between
             Rector
             and
             Parishioner
             .
             Right
             of
             Tythes
             between
             two
             Rectors
             to
             a
             fourth
             part
             of
             the
             value
             .
             Mortuaries
             due
             by
             custom
             .
             A
             Pension
             from
             a
             Rector
             to
             a
             Prelate
             or
             Advocate
             .
          
           
             The
             most
             of
             which
             were
             under
             the
             power
             of
             a
             prohibition
             in
             the
             time
             of
             Henry
             the
             Third
             ,
             who
             was
             King
             but
             yesterday
             ,
             as
             the
             Articles
             of
             complaint
             formerly
             set
             down
             do
             manifest
             .
             Nor
             had
             the
             Clergie
             ever
             better
             Title
             than
             connivance
             of
             some
             such
             favourites
             as
             King
             Steven
             ,
             whose
             Acts
             may
             ,
             peradventure
             ,
             be
             urged
             against
             Kings
             ,
             but
             not
             against
             the
             people
             ,
             unless
             their
             own
             act
             can
             be
             produced
             to
             warrant
             them
             .
             The
             learning
             ,
             
               in
               the
               Princes
               case
            
             ,
             will
             (
             I
             suppose
             )
             admit
             of
             a
             difference
             :
             for
             it
             can
             never
             be
             made
             ,
             out
             ,
             that
             the
             King's
             Council
             in
             Parliament
             was
             the
             
               Magnum
               concilium
               Regni
            
             ,
             
             but
             onely
             the
             
               House
               of
               Lords
            
             ;
             and
             therefore
             whatever
             passed
             in
             Parliament
             by
             their
             onely
             advice
             might
             bind
             the
             King
             ,
             but
             could
             never
             reach
             the
             Commons
             nor
             their
             Liberties
             .
             And
             thus
             the
             
               Grand
               Charter
            
             in
             the
             first
             conception
             was
             conclusive
             to
             the
             King
             ,
             but
             was
             not
             the
             act
             of
             the
             Parliament
             ;
             because
             the
             Parliament
             cannot
             grant
             a
             Charter
             to
             it self
             of
             that
             which
             was
             originally
             custom
             .
             And
             therefore
             this
             Law
             ,
             however
             countenanced
             ,
             can
             never
             be
             concluded
             to
             be
             other
             than
             a
             Permission
             ;
             not
             onely
             because
             it
             was
             never
             the
             Act
             of
             the
             Commons
             of
             England
             ,
             but
             because
             it
             is
             contrary
             to
             the
             liberty
             of
             the
             Freemen
             .
             And
             it
             is
             beyond
             all
             imagination
             ,
             that
             the
             Commons
             should
             out
             themselves
             from
             the
             protection
             of
             the
             Common-Law
             ,
             and
             yoke
             themselves
             ,
             their
             Free-holds
             ,
             and
             Estates
             ,
             under
             the
             bondage
             of
             the
             Canons
             ;
             nor
             ought
             such
             a
             construction
             to
             be
             admitted
             ,
             without
             express
             words
             to
             warrant
             it
             .
             As
             for
             the
             conclusion
             ,
             it
             is
             worse
             ,
             and
             not
             onely
             dishonourable
             to
             the
             King
             in
             binding
             his
             Arms
             from
             protecting
             his
             Subjects
             by
             the
             Common
             Laws
             ,
             and
             so
             in
             some
             respects
             making
             them
             Outlaws
             ;
             but
             dishonourable
             to
             it self
             ,
             whilst
             it
             makes
             Prohibitions
             grounded
             upon
             Laws
             to
             be
             nullities
             ,
             by
             a
             late
             trick
             of
             
               non
               obstante
            
             ,
             which
             was
             first
             taken
             up
             by
             the
             Pope
             ,
             then
             by
             Henry
             the
             third
             ,
             and
             by
             this
             King
             granted
             to
             the
             Clergie
             :
             and
             thus
             are
             all
             set
             at
             liberty
             from
             any
             rule
             but
             that
             of
             Licentiousness
             .
             Nevertheless
             ,
             this
             Law
             did
             thrive
             accordingly
             ;
             for
             we
             find
             scarce
             any
             footsteps
             in
             story
             of
             any
             regard
             had
             thereof
             till
             it
             became
             grey-headed
             .
             For
             it
             was
             not
             long
             e're
             the
             King
             stood
             in
             need
             of
             money
             ,
             and
             was
             necessitated
             to
             try
             the
             good
             wills
             of
             the
             Clergie
             more
             than
             once
             :
             this
             occasioned
             them
             to
             be
             slow
             in
             answer
             ,
             
             and
             in
             conclusion
             to
             deny
             that
             they
             should
             aid
             the
             King
             with
             any
             more
             money
             ,
             
               Papa
               inconsulto
            
             .
             The
             King
             hereupon
             
             disavows
             the
             Clergy
             ,
             and
             leaves
             them
             to
             the
             Romish
             oppressions
             ,
             which
             were
             many
             ;
             and
             then
             the
             Clergie
             rub
             up
             all
             old
             sores
             ,
             and
             exhibit
             their
             complaints
             to
             their
             holy
             Father
             ,
             to
             this
             effect
             :
             
             
               
                 1.
                 
                 That
                 the
                 King's
                 Justices
                 intermeddle
                 in
                 Testamentary
                 causes
                 ,
                 accounts
                 of
                 Executors
                 ,
                 and
                 cognizance
                 of
                 Tythes
                 ,
                 especially
                 to
                 the
                 fourth
                 part
                 of
                 the
                 Living
                 .
              
               
                 2.
                 
                 That
                 the
                 Clergie
                 were
                 charged
                 to
                 the
                 King's
                 Carriages
                 .
                 That
                 the
                 King's
                 Mills
                 were
                 discharged
                 from
                 paying
                 of
                 Tythes
                 .
                 That
                 Clerks
                 attending
                 on
                 the
                 Exchequer
                 ,
                 were
                 necessitated
                 to
                 non-residency
                 .
                 And
                 that
                 after
                 their
                 decease
                 ,
                 their
                 Goods
                 were
                 seized
                 till
                 their
                 acounts
                 were
                 made
                 .
                 That
                 Ecclesiastical
                 possessions
                 were
                 wasted
                 during
                 vacancies
                 .
              
               
                 3.
                 
                 That
                 Clerks
                 were
                 admitted
                 to
                 free
                 Chappels
                 by
                 Lay
                 men
                 .
              
               
                 4.
                 
                 That
                 the
                 King's
                 Justices
                 took
                 cognizance
                 of
                 Vsury
                 ;
                 Defamation
                 ,
                 violence
                 done
                 to
                 Clerks
                 ,
                 Sacriledge
                 ,
                 Oblations
                 ,
                 Fences
                 of
                 the
                 Church-yards
                 and
                 Mortuaries
                 .
              
               
                 5.
                 
                 That
                 prohibitions
                 are
                 granted
                 without
                 surmise
                 .
              
               
                 6.
                 
                 That
                 Clerks
                 are
                 called
                 to
                 answer
                 in
                 the
                 King's
                 Court
                 for
                 crimes
                 ,
                 and
                 being
                 acquitted
                 ,
                 the
                 Informers
                 escape
                 without
                 penalty
                 .
              
               
                 7.
                 
                 That
                 Clerks
                 are
                 not
                 allowed
                 their
                 Clergie
                 .
              
               
                 8.
                 
                 That
                 after
                 purgation
                 made
                 ,
                 Clerks
                 are
                 questioned
                 in
                 the
                 King's
                 Court
                 for
                 the
                 same
                 offence
                 .
              
               
                 9.
                 
                 That
                 persons
                 in
                 Sanctuary
                 are
                 therein
                 besieged
                 .
              
               
                 10.
                 
                 That
                 the
                 Writ
                 
                   de
                   Cautione
                   admittenda
                
                 issueth
                 forth
                 ,
                 although
                 the
                 Church
                 be
                 not
                 satisfied
                 ;
                 and
                 excommunicate
                 persons
                 being
                 imprisoned
                 ,
                 are
                 enlarged
                 in
                 like
                 manner
                 .
              
               
                 11.
                 
                 That
                 Debts
                 between
                 Clerks
                 due
                 ,
                 are
                 determined
                 in
                 the
                 temporal
                 Courts
                 .
              
               
                 12.
                 
                 That
                 Bishops
                 are
                 compelled
                 by
                 Distress
                 to
                 cause
                 Clerks
                 to
                 appear
                 in
                 Lay-courts
                 without
                 cause
                 .
              
               
                 13.
                 
                 That
                 the
                 Church
                 loseth
                 it's
                 right
                 by
                 the
                 ceasing
                 of
                 Rent
                 or
                 Pension
                 by
                 the
                 space
                 of
                 two
                 years
                 .
              
               
                 14.
                 
                 That
                 Nuns
                 are
                 compelled
                 to
                 sue
                 in
                 the
                 Lay-courts
                 for
                 their
                 right
                 in
                 possessions
                 befalling
                 by
                 decease
                 of
                 their
                 Kinred
                 .
              
               
                 15.
                 
                 That
                 Churches
                 are
                 deprived
                 of
                 their
                 Priviledges
                 till
                 they
                 shew
                 
                   Quo
                   warranto
                
                 they
                 hold
                 them
                 .
              
               
                 16.
                 
                 That
                 Ecclesiastical
                 Judges
                 are
                 stopped
                 in
                 their
                 proceedings
                 by
                 Sheriffs
                 and
                 great
                 men
                 .
              
               
                 17.
                 
                 That
                 Bishops
                 refusal
                 of
                 Clerks
                 presented
                 are
                 examined
                 in
                 the
                 Lay-courts
                 .
              
               
                 18.
                 
                 That
                 Patrons
                 of
                 Religious
                 Houses
                 do
                 oppress
                 them
                 by
                 extream
                 Quarter
                 .
              
               
                 19.
                 
                 That
                 Bigamy
                 and
                 Bastardy
                 are
                 tried
                 in
                 Lay-courts
                 .
              
               
                 20.
                 
                 That
                 the
                 King
                 suffers
                 his
                 Livings
                 to
                 be
                 vacant
                 for
                 many
                 years
                 .
              
               
                 21.
                 
                 That
                 the
                 Clergie
                 are
                 wronged
                 by
                 the
                 Statute
                 of
                 Mortmain
                 .
              
            
          
           
             Here
             's
             all
             ,
             and
             more
             than
             all
             that
             's
             true
             ;
             and
             more
             than
             enough
             ,
             to
             let
             the
             Reader
             see
             that
             the
             Writ
             
               Circumspecte
               agatis
            
             was
             but
             a
             face
             put
             on
             for
             the
             present
             ,
             after
             laid
             aside
             ,
             and
             the
             Clergy
             left
             to
             the
             bare
             Canon
             .
             They
             likewise
             shew
             what
             the
             Clergy
             aimed
             at
             :
             and
             in
             that
             they
             did
             not
             obtain
             ,
             it
             was
             to
             be
             attributed
             to
             the
             resolution
             of
             the
             Laity
             ,
             and
             not
             any
             neglect
             in
             themselves
             ;
             for
             the
             Arch-bishop
             died
             in
             the
             service
             ,
             
             and
             it
             is
             thought
             that
             grief
             for
             these
             matters
             was
             no
             little
             cause
             thereof
             .
             But
             the
             times
             within
             a
             while
             grew
             troublesome
             ,
             and
             the
             King
             in
             pursuit
             of
             
             the
             French
             Wars
             ,
             being
             unadvised
             in
             his
             way
             ,
             angred
             the
             people
             by
             his
             arbitrary
             levie
             of
             Men
             and
             Money
             ,
             
             as
             it
             brought
             forth
             a
             State-scoul
             ,
             little
             inferiour
             to
             a
             Quarrel
             .
             And
             to
             pacifie
             the
             Clergie
             ,
             he
             granted
             them
             the
             Writ
             
               de
               consultatione
               habenda
            
             in
             all
             matrimonial
             and
             testamentary
             cases
             ,
             
             which
             were
             of
             their
             least
             doubted
             priviledges
             ;
             and
             this
             qualified
             the
             first
             Article
             of
             complaint
             next
             foregowing
             ,
             if
             such
             cause
             they
             had
             of
             complaint
             ;
             and
             this
             was
             all
             that
             the
             Clergie
             got
             at
             Edward
             the
             first
             's
             hands
             .
             Edward
             the
             second
             was
             a
             man
             that
             was
             neither
             well-affected
             to
             Rome
             ,
             nor
             weak
             in
             spirit
             ;
             and
             yet
             so
             unhappy
             ,
             that
             his
             way
             neither
             promised
             good
             success
             ,
             nor
             ever
             had
             it
             ;
             and
             so
             he
             became
             a
             Servant
             unto
             the
             humours
             of
             his
             Servants
             ,
             to
             keep
             his
             head
             above
             water
             ;
             but
             especially
             after
             he
             was
             chased
             by
             the
             Scots
             ,
             and
             quite
             out
             of
             breath
             ,
             he
             calls
             for
             help
             of
             all
             ,
             but
             first
             of
             the
             Clergie
             ,
             and
             bespeaks
             them
             with
             the
             Ordinance
             of
             
               Articuli
               Cleri
            
             ;
             wherein
             he
             gives
             some
             satisfaction
             to
             the
             complaints
             formerly
             mentioned
             ,
             which
             it
             seems
             by
             Baronius
             ,
             were
             exhibited
             in
             Parliament
             .
          
           
             Ecclesiastical
             cognizance
             extendeth
             unto
             Tythes
             ,
             
             Oblations
             ,
             and
             Mortuaries
             ,
             and
             to
             pecuniary
             recompence
             .
          
           
             In
             the
             first
             times
             ,
             neglect
             or
             denial
             of
             Church-duties
             was
             punished
             in
             the
             King's
             Court
             by
             Fine
             .
             Afterwards
             the
             Bishop
             was
             joyned
             in
             that
             Work
             ,
             and
             the
             
               Tythable
               Goods
            
             were
             seized
             ;
             eight
             parts
             whereof
             were
             taken
             to
             the
             Lords
             and
             the
             Bishops
             use
             by
             moyeties
             ,
             
             a
             ninth
             part
             left
             to
             the
             Owner
             ,
             and
             the
             tenth
             to
             the
             Church
             .
             Nor
             had
             the
             Bishops
             any
             peculiar
             Courts
             of
             cognizance
             of
             causes
             ,
             till
             the
             times
             of
             the
             Normans
             ;
             nor
             as
             yet
             in
             those
             times
             had
             they
             power
             to
             all
             intents
             :
             For
             though
             it
             be
             true
             ,
             that
             the
             Roman
             Tribute
             of
             
             Peter-pence
             was
             allowed
             by
             the
             Conquerour's
             Law
             to
             the
             Bishop's
             Court
             ,
             yet
             we
             find
             no
             Law
             for
             Tythes
             and
             other
             profits
             to
             be
             recovered
             by
             the
             
               Ecclesiastical
               Court
            
             ,
             
             till
             about
             the
             end
             of
             Henry
             the
             second
             's
             Reign
             ,
             or
             King
             
             Steven's
             time
             .
             For
             at
             a
             Council
             at
             London
             in
             Henry
             the
             second
             's
             time
             ,
             it
             was
             ordained
             ,
             that
             three
             Summons
             in
             the
             Pope's
             name
             should
             be
             made
             to
             such
             as
             payed
             not
             their
             Tythes
             ;
             and
             in
             case
             they
             then
             refused
             ,
             
             they
             should
             be
             Anathema
             .
             And
             after
             that
             time
             ,
             in
             a
             Council
             at
             Oxford
             under
             Steven
             Archbishop
             of
             Canterbury
             ,
             it
             was
             decreed
             ,
             that
             the
             Laity
             should
             be
             entreated
             first
             to
             pay
             their
             Tythes
             ,
             
             and
             then
             if
             necessity
             require
             ,
             
             that
             they
             should
             be
             compelled
             by
             
               Ecclesiastical
               censure
            
             .
             So
             as
             their
             power
             crept
             up
             by
             degrees
             in
             recovering
             of
             Church
             duties
             ,
             as
             it
             did
             in
             Testamentary
             matters
             ;
             and
             at
             length
             Henry
             the
             third
             ,
             worn
             and
             spent
             with
             the
             
               Barons
               Wars
            
             ,
             about
             his
             latter
             end
             yielded
             to
             Boniface
             the
             Archbishop
             his
             importunate
             demands
             ;
             and
             first
             gave
             liberty
             to
             the
             Clergie
             to
             be
             their
             own
             Judges
             :
             and
             yet
             the
             Lay-Judges
             ,
             although
             divers
             of
             them
             were
             
               Clergie
               men
            
             ,
             did
             not
             suddenly
             forbear
             ,
             till
             this
             Law
             came
             ,
             which
             gave
             some
             satisfaction
             to
             the
             first
             and
             fourth
             Articles
             of
             Complaint
             foregoing
             .
          
           
             Ecclesiastical
             cognizance
             extendeth
             not
             to
             a
             fourth
             part
             of
             the
             Tythes
             of
             any
             Living
             ,
             
             nor
             to
             pecuniary
             mulcts
             for
             sin
             ,
             saving
             by
             way
             of
             commutation
             .
          
           
             The
             Complaint
             of
             the
             Clergie
             in
             Henry
             the
             third's
             time
             ,
             was
             against
             the
             King's
             prohibition
             in
             case
             of
             Tythes
             indefinitely
             :
             for
             in
             those
             times
             ,
             and
             afterwards
             in
             Edward
             the
             first
             's
             time
             ,
             the
             King's
             Court
             had
             the
             cognizance
             of
             
             all
             Tythes
             ;
             and
             therefore
             in
             the
             Statute
             of
             
               West
               .
               2.
               c.
            
             5.
             the
             Writ
             of
             Indicavit
             was
             allowed
             in
             case
             of
             right
             of
             any
             portion
             of
             Tythes
             ;
             yet
             the
             Church
             still
             gained
             ground
             ,
             and
             about
             ,
             or
             before
             the
             death
             of
             Edward
             the
             first
             ,
             
             the
             Temporal
             Judge
             had
             yielded
             unto
             the
             Clergie
             the
             cognizance
             of
             a
             portion
             of
             Tythes
             under
             the
             value
             of
             the
             fourth
             part
             :
             for
             in
             the
             Article
             next
             foregoing
             ,
             the
             Clergies
             complaint
             was
             ,
             
               that
               the
               Kings
               Justices
               held
               cognizance
               of
               the
               fourth
               part
            
             ;
             and
             here
             they
             were
             confined
             thereto
             by
             this
             Law
             ,
             which
             the
             Clergie
             could
             never
             remove
             .
          
           
             For
             violence
             done
             to
             Clerks
             the
             offender
             shall
             render
             damage
             in
             the
             Kings
             Court
             ;
             but
             Excommunication
             ,
             
             Penance
             ,
             and
             Commutation
             shall
             be
             in
             the
             Bishops
             Court.
             
          
           
             The
             Canon-Law
             had
             an
             ancient
             claim
             to
             the
             protection
             of
             Clerks
             ,
             both
             as
             touching
             their
             persons
             and
             estates
             ;
             and
             prevailed
             so
             far
             ,
             as
             they
             were
             thereby
             emboldened
             to
             offer
             violence
             unto
             others
             .
             But
             as
             I
             formerly
             shewed
             ,
             by
             a
             Law
             in
             Henry
             the
             Second's
             time
             ,
             the
             Temporal
             Judge
             resumed
             his
             original
             power
             ;
             and
             this
             became
             a
             sore
             evil
             between
             the
             Clergie
             and
             Laity
             :
             
             for
             though
             it
             were
             allowed
             that
             Clerks
             should
             not
             be
             sued
             but
             before
             the
             Ecclesiastical
             Judge
             in
             such
             cases
             ,
             yet
             it
             was
             no
             warrant
             for
             the
             Laity
             likewise
             to
             be
             called
             before
             the
             Ecclesiastical
             Judge
             in
             such
             cases
             ;
             and
             therefore
             the
             Clergies
             complaints
             shew
             that
             the
             matter
             was
             doubtful
             ,
             and
             that
             the
             Lay-Judge
             generally
             maintained
             his
             Jurisdiction
             ,
             although
             sometimes
             he
             disclaimed
             it
             ;
             as
             it
             may
             appear
             in
             the
             case
             of
             a
             Trespass
             in
             the
             nature
             of
             a
             riot
             committed
             upon
             the
             Priory
             of
             
               St.
               John's
            
             of
             Jerusalem
             ,
             in
             the
             seventh
             year
             of
             Henry
             the
             Third
             ,
             
             when
             as
             it
             was
             adjudged
             
               per
               Curiam
            
             ,
             that
             it
             
               belonged
               to
               the
               Ecclesiastical
               Court
               to
               punish
               .
            
             But
             in
             Edward
             the
             First
             's
             time
             ,
             by
             the
             Ordinance
             of
             
               Circumspecte
               agatis
            
             ,
             and
             Articles
             concerning
             prohibitions
             ,
             the
             difference
             was
             made
             between
             damages
             ,
             and
             
               pro
               reformatione
            
             ,
             and
             the
             same
             affirmed
             by
             this
             Law
             ;
             and
             so
             the
             matter
             setled
             ,
             and
             the
             fourth
             Article
             of
             the
             Clergies
             complaint
             in
             some
             measure
             was
             satisfied
             .
          
           
             Defamation
             within
             Cognizance
             of
             the
             Ecclesiastical
             Court
             ,
             
             and
             corporal
             penance
             therefore
             ,
             and
             Commutation
             .
          
           
             The
             words
             are
             general
             and
             peremptory
             ,
             with
             a
             
               non
               obstante
            
             the
             Kings
             prohibition
             ;
             and
             yet
             the
             Law
             afterwards
             restrained
             the
             sence
             to
             defamation
             for
             crimes
             ,
             or
             offences
             triable
             in
             the
             Ecclesiastical
             Court
             :
             and
             this
             gave
             further
             satisfaction
             to
             the
             fourth
             Article
             of
             the
             Clergies
             complaint
             foregoing
             .
          
           
             Tythes
             of
             new
             Mills
             may
             be
             recovered
             in
             the
             Ecclesiastical
             Court.
             
             
          
           
             This
             
               Tythe
               of
               Mills
            
             was
             a
             new
             encroached
             Tythe
             never
             mentioned
             in
             any
             former
             Law
             of
             this
             Kingdom
             ,
             nor
             demanded
             by
             the
             Synod
             at
             
               London
               ,
               Anno
            
             1173.
             which
             mentions
             
               Fruit-Trees
               ,
               young
               broods
            
             of
             living
             creatures
             that
             are
             tame
             ,
             
               Herbage
               ,
               Butter
               ,
               Cheese
            
             ,
             with
             other
             particulars
             ,
             but
             mentions
             not
             
               new
               Mills
            
             .
             It
             is
             true
             ,
             
             that
             anciently
             Mills
             paid
             Tythes
             ;
             but
             such
             they
             were
             ,
             which
             were
             ancient
             ,
             
             and
             had
             paid
             the
             same
             by
             custom
             ;
             and
             such
             as
             by
             Law
             in
             the
             Confessors
             time
             were
             declared
             to
             be
             given
             
               a
               Rege
               ,
               Baronibus
               ,
               &
               populo
               .
            
             But
             by
             the
             second
             Article
             of
             the
             Clergies
             complaint
             
             next
             foregoing
             ,
             it
             appears
             that
             the
             
               Kings
               Mills
            
             refused
             to
             pay
             this
             Tythe
             :
             now
             whether
             the
             
               new
               Mills
            
             were
             called
             the
             
               Kings
               Mills
            
             ,
             as
             being
             made
             upon
             the
             publick
             streams
             by
             the
             Kings
             license
             ;
             or
             whether
             the
             Mills
             newly
             made
             within
             the
             Demesnes
             of
             the
             Crown
             ,
             it
             is
             not
             to
             be
             insisted
             upon
             ;
             but
             it
             is
             evident
             ,
             that
             till
             this
             Law
             made
             ,
             the
             
               new
               Mills
            
             would
             not
             Tythe
             their
             labours
             .
          
           
             One
             and
             the
             same
             matter
             may
             be
             tryed
             at
             the
             Common-Law
             ,
             
             after
             Sentence
             in
             the
             Spiritual
             Court
             ,
             in
             divers
             respects
             .
          
           
             The
             great
             sore
             that
             was
             complained
             of
             ,
             was
             ,
             that
             the
             Clergie
             after
             purgation
             in
             the
             Ecclesiastical
             Court
             made
             ,
             were
             proceeded
             against
             in
             the
             Kings
             Court
             in
             case
             of
             
               breach
               of
               peace
            
             or
             Felony
             ,
             as
             may
             appear
             out
             of
             the
             16th
             Article
             of
             the
             Clergies
             first
             complaints
             ,
             and
             the
             8th
             Article
             of
             that
             taken
             out
             of
             Baronius
             .
             Nevertheless
             ,
             the
             present
             Law
             subjoyns
             an
             example
             of
             the
             questioning
             a
             Lay-man
             in
             the
             Ecclesiastical
             Court
             ,
             in
             case
             of
             violence
             done
             to
             a
             Clerk
             ,
             as
             a
             matter
             which
             may
             be
             tryed
             in
             the
             Ecclesiastical
             Court
             ,
             and
             yet
             reviewed
             by
             the
             Kings
             Court.
             
          
           
             The
             Writ
             
               de
               Excommunicato
               deliberando
            
             shall
             not
             issue
             forth
             ,
             
             but
             upon
             evident
             breach
             of
             the
             Kings
             Liberty
             .
          
           
             This
             might
             be
             intended
             in
             satisfaction
             of
             the
             Tenth
             Article
             of
             the
             Clergies
             complaint
             in
             Baronius
             ,
             and
             the
             Tenth
             Article
             in
             the
             Clergies
             complaint
             first
             recited
             ;
             although
             that
             complaint
             both
             in
             the
             10
             ,
             11
             ,
             12
             ,
             and
             33
             Articles
             ,
             seem
             to
             be
             but
             clamour
             upon
             Officers
             ,
             and
             not
             the
             Kings
             Court
             of
             Justice
             .
          
           
             Clerks
             Officers
             to
             the
             Exchequer
             are
             to
             be
             corrected
             by
             their
             Ordinaries
             ;
             
             and
             yet
             not
             tyed
             to
             residence
             during
             their
             attendance
             on
             the
             Exchequer
             .
          
           
             This
             is
             in
             part
             an
             answer
             to
             the
             second
             Article
             of
             the
             Clergies
             last
             complaint
             ,
             and
             a
             justification
             thereof
             ,
             as
             a
             thing
             that
             is
             
               pro
               bono
               publico
            
             .
          
           
             Clergie-mens
             Goods
             shall
             not
             be
             Distrained
             either
             in
             the
             High-way
             ,
             or
             Sanctuary-grounds
             ,
             
             unless
             such
             as
             have
             been
             of
             late
             purchase
             .
             
          
           
             The
             complaint
             exhibited
             in
             Henry
             the
             third's
             time
             ,
             and
             the
             8th
             Article
             ,
             was
             only
             in
             ordinary
             personal
             Actions
             ;
             but
             in
             the
             complaint
             made
             in
             Edward
             the
             second
             's
             time
             ,
             Article
             12.
             is
             ,
             that
             it
             is
             without
             cause
             that
             they
             are
             so
             distrained
             .
             This
             Law
             yieldeth
             them
             somewhat
             ,
             viz.
             immunity
             from
             distress
             within
             their
             ancient
             possessions
             ,
             which
             had
             been
             by
             ancient
             custom
             priviledged
             ;
             but
             yields
             nothing
             as
             touching
             their
             latter
             purchased
             Lands
             ,
             because
             they
             had
             no
             such
             custom
             .
          
           
             High-ways
             and
             Sanctuaries
             shall
             be
             free
             for
             such
             as
             abjure
             ,
             so
             as
             they
             shall
             neither
             be
             restrained
             from
             liberty
             ,
             
             nor
             necessaries
             kept
             from
             them
             .
             Felons
             may
             make
             free
             confession
             to
             the
             Priest
             without
             danger
             .
          
           
           
             The
             grievance
             in
             the
             22th
             Article
             of
             the
             Clergies
             complaint
             in
             Henry
             the
             Thirds
             time
             ,
             and
             the
             ninth
             in
             that
             of
             the
             times
             of
             Edw.
             2.
             are
             hereby
             relieved
             ;
             provided
             that
             the
             Delinquent
             keeps
             himself
             in
             due
             order
             .
          
           
             Houses
             of
             Religion
             shall
             not
             be
             oppressed
             with
             Corodies
             ,
             Pensions
             ,
             
             or
             entertainments
             of
             great
             men
             .
          
           
             This
             answered
             the
             grievance
             in
             the
             42.
             and
             43.
             of
             the
             first
             complaint
             ,
             and
             the
             18th
             of
             the
             latter
             ,
             and
             in
             effect
             little
             other
             than
             what
             was
             formerly
             setled
             by
             
               West
               .
               1.
               cap.
            
             1.
             
          
           
             The
             Kings
             Tenant
             may
             be
             cited
             before
             the
             Ordinary
             out
             of
             their
             own
             Town
             ;
             and
             if
             Excommunicated
             for
             want
             of
             appearance
             ,
             
             the
             Writ
             
               de
               Excommunicato
               Capiendo
            
             shall
             be
             awarded
             .
          
           
             A
             remedy
             this
             was
             against
             the
             grievances
             in
             the
             12
             and
             33
             Articles
             of
             the
             first
             complaint
             ,
             and
             in
             the
             10th
             Article
             of
             the
             last
             schedule
             of
             complaints
             .
             And
             thus
             the
             Clergie
             have
             gotten
             the
             day
             of
             the
             
               Kings
               Tenants
            
             ,
             which
             they
             had
             been
             striving
             for
             ever
             since
             the
             Conquest
             ,
             as
             may
             appear
             by
             what
             hath
             been
             formerly
             said
             ;
             and
             now
             the
             
               Kings
               Tenants
            
             are
             in
             no
             better
             condition
             than
             other
             men
             ,
             
             viz.
             they
             may
             now
             be
             Excommunicated
             without
             the
             Kings
             license
             :
             nor
             is
             the
             answer
             
               Nunquum
               fuit
               negatum
            
             to
             be
             referred
             to
             the
             point
             of
             Excommunication
             ;
             for
             that
             power
             was
             denyed
             them
             but
             unto
             the
             citing
             them
             out
             of
             their
             own
             Parish
             ,
             which
             cannot
             be
             found
             to
             be
             denyed
             to
             the
             Clergie
             ,
             by
             any
             thing
             that
             yet
             appeareth
             .
          
           
             A
             Clerk
             presented
             and
             found
             unable
             by
             the
             Ordinary
             ,
             
             shall
             be
             tryed
             again
             by
             the
             Ecclesiastical
             ,
             and
             not
             the
             Lay-Judge
             .
          
           
             Although
             the
             fitness
             or
             sufficency
             of
             the
             party
             presented
             ,
             is
             to
             be
             examined
             by
             the
             Ordinary
             ,
             yet
             the
             
               Civil
               Magistrate
            
             hath
             power
             in
             action
             brought
             to
             enquire
             and
             determine
             whether
             the
             Ordinaries
             work
             was
             rightly
             done
             ;
             and
             so
             the
             17th
             Article
             of
             the
             last
             complaint
             answered
             .
          
           
             Elections
             shall
             be
             free
             .
             
          
           
             The
             Laws
             was
             of
             the
             same
             with
             this
             in
             the
             
               Stat.
               W.
               1.
               cap.
            
             5.
             which
             see
             before
             ;
             and
             it
             may
             be
             that
             the
             iniquity
             of
             the
             times
             continued
             notwithstanding
             ,
             and
             so
             occasioned
             the
             renewing
             of
             this
             Law.
             
          
           
             A
             Clerk
             having
             taken
             Sanctuary
             shall
             not
             be
             compelled
             to
             adjure
             .
             
          
           
             Nor
             after
             confession
             of
             the
             Crime
             ,
             or
             appealing
             others
             before
             the
             secular
             Judge
             ,
             shall
             be
             denyed
             his
             Clergie
             .
             
          
           
             Although
             the
             Temporal
             Courts
             proceeded
             not
             so
             far
             as
             to
             pass
             sentence
             against
             a
             Clerk
             that
             had
             taken
             Sanctuary
             ;
             yet
             they
             proceeded
             to
             enquiry
             ,
             as
             may
             appear
             by
             what
             was
             said
             formerly
             concerning
             
             the
             
               Stat.
               West
               .
               1.
               cap.
            
             2.
             and
             therefore
             though
             this
             Law
             in
             the
             15th
             Chap.
             alloweth
             that
             a
             Clerk
             in
             Sanctuary
             shall
             enjoy
             his
             Ecclesiastical
             liberty
             ,
             yet
             the
             words
             
               legi
               Regni
               se
               reddens
            
             are
             interposed
             ;
             and
             the
             reason
             is
             ,
             because
             the
             King
             upon
             Indictment
             found
             ,
             had
             right
             to
             the
             Delinquents
             goods
             ,
             
             and
             profits
             of
             his
             Lands
             ,
             until
             due
             purgation
             ;
             and
             then
             his
             Lands
             were
             by
             a
             Writ
             out
             of
             the
             Chancery
             to
             be
             restored
             to
             him
             again
             :
             nor
             could
             any
             purgation
             regularly
             pass
             before
             the
             party
             was
             Indicted
             .
          
           
             No
             Religious
             House
             shall
             be
             charged
             with
             Tax
             to
             any
             Superiour
             without
             the
             Realm
             of
             England
             ;
             
             nor
             shall
             send
             to
             any
             visitation
             out
             of
             England
             .
          
           
             This
             was
             neither
             at
             the
             request
             of
             the
             Clergie
             ,
             nor
             act
             of
             kindness
             intended
             unto
             them
             ;
             but
             for
             the
             good
             of
             the
             Kingdom
             ,
             to
             prevent
             the
             bleeding
             of
             the
             Treasure
             of
             the
             Kingdom
             into
             Foraign
             parts
             .
          
           
             Patrons
             of
             Abbies
             shall
             have
             their
             custody
             during
             their
             vacancies
             .
             
          
           
             This
             was
             the
             ancient
             Law
             ,
             now
             revived
             by
             the
             Clergies
             consent
             ,
             and
             intended
             for
             the
             safeguard
             of
             the
             Revenues
             of
             the
             Houses
             ,
             and
             their
             maintenance
             ;
             and
             therefore
             it
             is
             with
             a
             
               sicut
               superius
               dictum
               est
            
             ,
             cap.
             5.
             
          
           
             The
             Goods
             of
             the
             Clergie
             freed
             from
             purveyance
             ,
             unless
             they
             will.
             
             
          
           
             It
             was
             a
             favour
             given
             by
             Edw.
             2.
             to
             the
             Clergie
             ,
             to
             gain
             their
             good
             will
             after
             the
             death
             of
             Gaveston
             ,
             the
             shameful
             defeat
             received
             in
             Scotland
             ,
             and
             some
             particular
             testimonies
             of
             God's
             displeasure
             ,
             whereof
             he
             began
             to
             be
             somewhat
             sensible
             .
          
           
             Franchises
             holden
             by
             prescription
             or
             Charter
             confirmed
             ,
             and
             Tryals
             by
             
               Quo
               Warranto
            
             allowed
             to
             be
             in
             Eyer
             .
             
          
           
             It
             was
             the
             common
             share
             of
             the
             great
             men
             ,
             but
             especially
             of
             the
             Clergie
             ,
             to
             have
             their
             Franchises
             exposed
             to
             the
             prey
             of
             the
             Eagles
             ,
             or
             to
             such
             as
             hawked
             for
             them
             ;
             and
             it
             is
             likely
             the
             King
             had
             not
             so
             easily
             for
             gone
             his
             prize
             ,
             if
             all
             the
             fat
             had
             fall'n
             to
             his
             own
             share
             :
             but
             perceiving
             that
             more
             benefit
             came
             to
             his
             instruments
             than
             was
             meet
             ,
             and
             himself
             little
             the
             better
             thereby
             ;
             he
             sacrificed
             his
             Judges
             to
             the
             people
             ,
             but
             it
             was
             to
             his
             own
             behoof
             ,
             and
             so
             gained
             both
             credit
             and
             favour
             from
             the
             people
             ,
             and
             profit
             to
             himself
             ;
             and
             in
             some
             measure
             satisfied
             the
             48
             ,
             49
             ,
             50.
             
             Articles
             of
             the
             Clergies
             complaint
             in
             the
             time
             of
             Henry
             the
             Third
             ,
             and
             the
             15th
             Article
             of
             their
             last
             complaint
             .
          
           
             Lands
             or
             Tenements
             aliened
             to
             a
             Religious
             house
             shall
             escheat
             to
             the
             Lord
             ,
             
             if
             the
             alienor
             take
             the
             same
             back
             to
             hold
             of
             that
             House
             .
          
           
             The
             ground
             hereof
             principally
             was
             the
             prejudice
             done
             to
             the
             Lord
             by
             destruction
             of
             the
             Tenure
             ,
             albeit
             that
             it
             had
             been
             an
             ancient
             grievance
             complained
             of
             in
             the
             Saxon
             times
             ,
             
               That
               the
               Clergie
               were
               covetous
               ,
               and
               
               swallowed
               down
               estates
               ,
               and
               thereby
               weakned
               the
               Kingdom
               .
            
             But
             now
             they
             are
             become
             even
             cheaters
             ,
             serving
             the
             turns
             of
             treacherous
             Tenants
             ,
             that
             would
             give
             their
             Lands
             by
             compact
             with
             the
             Church-men
             ,
             to
             receive
             them
             again
             from
             them
             to
             hold
             of
             the
             Church
             ;
             which
             was
             a
             liberty
             that
             men
             thirsted
             after
             in
             those
             times
             ,
             wherein
             the
             Church-men
             were
             more
             adored
             than
             their
             Images
             .
             
             It
             seems
             this
             Law
             was
             made
             after
             Bracton's
             time
             ,
             if
             that
             be
             true
             in
             the
             
               second
               Institutes
            
             :
             for
             he
             saith
             that
             a
             man
             may
             give
             his
             Lands
             to
             any
             one
             ,
             
             whether
             Christian
             or
             Jew
             ,
             or
             religious
             person
             ,
             and
             nothing
             shall
             hinder
             it
             but
             the
             special
             reservation
             of
             the
             donor
             ;
             and
             yet
             he
             saith
             that
             such
             gift
             or
             grant
             taketh
             not
             away
             the
             right
             of
             the
             Lord
             Paramount
             in
             his
             Tenure
             ,
             
             albeit
             the
             gift
             be
             in
             
               free
               Alms.
            
             Nevertheless
             it
             seemeth
             to
             be
             such
             restraint
             ,
             that
             the
             Templars
             and
             Hospitallers
             were
             fain
             to
             find
             out
             a
             new
             way
             ,
             which
             was
             to
             protect
             mens
             Tenements
             from
             execution
             of
             Law
             by
             levying
             crosses
             thereon
             ,
             albeit
             the
             right
             of
             the
             Lords
             was
             not
             barred
             ;
             
             and
             therefore
             Edw.
             1.
             provided
             a
             Law
             to
             make
             this
             also
             in
             nature
             of
             a
             Mortmain
             within
             the
             Statute
             made
             in
             the
             seventh
             year
             of
             his
             Reign
             ,
             
             called
             the
             Statute
             
               de
               Religiosis
            
             ;
             by
             which
             it
             was
             enacted
             ,
             that
             in
             case
             of
             such
             alienations
             in
             Mortmain
             ,
             the
             Lord
             should
             have
             liberty
             to
             enter
             ,
             if
             he
             failed
             ,
             then
             the
             
               Lord
               Paramount
            
             ;
             or
             if
             he
             failed
             ,
             the
             King
             should
             enter
             ,
             and
             dispose
             of
             the
             same
             ;
             and
             that
             no
             license
             of
             Mortmain
             should
             be
             sued
             out
             ,
             but
             by
             the
             
               mean
               Lord's
            
             assent
             ;
             and
             where
             part
             of
             the
             premises
             remain
             still
             in
             the
             Donor
             ,
             
             and
             the
             original
             Writ
             mentioneth
             all
             the
             particulars
             .
             And
             thus
             at
             length
             was
             this
             issue
             for
             the
             present
             stayed
             ,
             which
             hitherto
             wasted
             the
             strength
             of
             the
             Kingdom
             ;
             
             and
             by
             continual
             current
             emptying
             it
             into
             the
             
               mare
               mortuum
            
             of
             the
             Clergie
             ,
             consumed
             the
             maintenance
             of
             
               Knight
               service
            
             ,
             by
             converting
             the
             same
             to
             Clerk-service
             .
          
           
             No
             Judge
             shall
             compel
             a
             Free-man
             to
             make
             Oath
             without
             the
             Kings
             command
             .
          
           
             So
             is
             the
             sence
             of
             the
             Law
             rendred
             by
             an
             ancient
             Authour
             ;
             
             and
             I
             hope
             I
             shall
             not
             wrong
             the
             Text
             ,
             if
             I
             affirm
             ,
             that
             the
             Ecclesiastical
             Judge
             was
             included
             within
             the
             equity
             ,
             though
             properly
             he
             be
             not
             Balivus
             ;
             for
             the
             Law
             intends
             to
             shew
             that
             it
             is
             a
             liberty
             that
             the
             Subject
             hath
             ,
             not
             to
             be
             compelled
             to
             take
             Oath
             without
             the
             Kings
             especial
             command
             ;
             and
             by
             consequence
             it
             sheweth
             also
             ,
             that
             the
             King
             at
             that
             time
             ,
             and
             until
             then
             ,
             had
             the
             directory
             of
             Oaths
             ;
             for
             it
             was
             an
             ancient
             Liberty
             given
             in
             the
             Kings
             Charters
             unto
             such
             as
             they
             pleased
             ,
             viz.
             to
             
               impose
               Oaths
            
             ,
             and
             to
             punish
             for
             breach
             of
             Oath
             ;
             
             and
             this
             passed
             under
             the
             word
             Athae
             or
             Athas
             ;
             and
             so
             Edmund
             the
             Saxon
             King
             gave
             to
             the
             Abbey
             of
             Glastenbury
             amongst
             other
             
               Athas
               &
               Ordulas
            
             ;
             and
             the
             Church-men
             that
             first
             procured
             vacations
             from
             Suits
             of
             Law
             during
             holy
             times
             ,
             procured
             a
             Law
             also
             to
             be
             setled
             by
             Edward
             the
             Saxon
             King
             ,
             
             and
             Gunthurne
             the
             Dane
             ,
             that
             Ordeal
             and
             Oaths
             should
             be
             forbidden
             upon
             the
             
               holy
               Feasts
            
             and
             
               lawful
               Fasts
            
             .
             And
             a
             wonder
             it
             is
             how
             it
             escaped
             the
             gripe
             of
             the
             Clergie
             so
             long
             ,
             who
             catched
             at
             any
             thing
             that
             had
             but
             a
             glance
             of
             Gods
             worship
             in
             it
             .
             And
             if
             this
             were
             the
             Subjects
             Liberty
             ,
             not
             to
             be
             compelled
             to
             Swear
             ,
             surely
             much
             more
             not
             to
             be
             compelled
             to
             accuse
             himself
             ,
             unless
             by
             the
             Law
             he
             be
             especially
             bound
             ;
             
             for
             it
             is
             Glanvil's
             rule
             ,
             
               Ob
               infamiam
               non
               solet
               juxta
               legem
               terrae
               aliquis
               per
               legem
               apparentem
               se
               purgare
               ,
               nisi
               prius
               convictus
               fuerit
               ,
               vel
               confessus
               in
               curia
               .
            
             But
             the
             power
             of
             the
             Clergie
             now
             was
             grown
             strong
             ,
             and
             they
             begin
             to
             remember
             themselves
             ;
             and
             that
             Oaths
             are
             of
             a
             holy
             regard
             ,
             and
             they
             men
             for
             holiness
             best
             able
             to
             judge
             when
             ,
             and
             to
             whom
             they
             shall
             
             be
             ministred
             ,
             and
             therefore
             now
             they
             begin
             to
             enter
             their
             claim
             ;
             and
             to
             make
             a
             sure
             Title
             ,
             they
             get
             a
             grant
             from
             Pope
             Innocent
             to
             
               Steven
               Langton
            
             Arch-Bishop
             of
             Canterbury
             ,
             of
             a
             
               faculty
               of
               licensing
               administration
               of
               Oaths
               during
               the
               time
               of
               Lent
            
             ;
             and
             he
             accordingly
             enjoyed
             it
             during
             the
             mad
             time
             of
             Henry
             the
             Third
             .
             But
             Edward
             the
             first
             quarrelled
             it
             ,
             and
             left
             it
             questionable
             to
             Edward
             the
             Second
             ,
             who
             being
             in
             his
             condition
             as
             a
             lost
             man
             ,
             had
             less
             care
             of
             such
             smaller
             matters
             ,
             and
             therefore
             allowed
             that
             his
             
               Judges
               of
               Assizes
            
             should
             be
             licensed
             by
             the
             Arch-bishop
             to
             administer
             Oaths
             in
             their
             Circuits
             in
             the
             sacred
             times
             of
             Advent
             and
             Septuagessima
             :
             
             and
             this
             course
             continued
             till
             Henry
             the
             Eighth's
             time
             .
             The
             Clergie
             having
             thus
             gotten
             the
             bridle
             ,
             gallop
             amain
             :
             they
             now
             call
             whom
             they
             will
             ,
             and
             put
             them
             to
             their
             Oaths
             to
             accuse
             other
             men
             or
             themselves
             ,
             or
             else
             they
             are
             Excommunicated
             .
             Henry
             the
             Third
             withstood
             this
             course
             ,
             if
             the
             Clergie-mens
             complaints
             in
             the
             times
             of
             that
             King
             ,
             Artic.
             9.
             be
             true
             ;
             and
             notwithstanding
             the
             same
             ,
             the
             Law
             holds
             its
             course
             ;
             and
             in
             pursuance
             thereof
             ,
             we
             find
             an
             attachment
             upon
             a
             prohibition
             in
             this
             form
             ensuing
             .
          
           
             Put
             the
             Bishop
             of
             N.
             to
             his
             pledges
             ,
             
             that
             he
             be
             before
             our
             Justices
             ,
             to
             shew
             cause
             why
             he
             made
             to
             be
             summoned
             ,
             and
             by
             Ecclesiastical
             censures
             constrained
             Lay-persons
             ,
             men
             or
             women
             ,
             to
             appear
             before
             him
             to
             swear
             unwillingly
             at
             the
             Bishops
             pleasure
             ,
             to
             the
             great
             prejudice
             of
             our
             Crown
             and
             Dignity
             ,
             and
             contrary
             to
             the
             custom
             of
             the
             Kingdom
             of
             
               England
               .
               And
               thus
               both
            
             King
             and
             Clergie
             
               were
               at
               contest
               for
               this
               power
               over
               the
               peoples
               Consciences
               ,
               to
               which
               neither
               had
               the
               right
               otherwise
               than
               by
               rules
               of
               Law.
               
            
          
           
             Bigamists
             shall
             not
             be
             allowed
             their
             Clergie
             ,
             
             whether
             they
             become
             such
             before
             the
             Council
             of
             Lyons
             ,
             or
             since
             ;
             and
             that
             Constitution
             there
             made
             shall
             be
             so
             construed
             .
          
           
             Whatsoever
             therefore
             their
             Synods
             in
             those
             times
             pretended
             against
             the
             married
             Clergie
             ,
             it
             seemeth
             by
             this
             Law
             that
             they
             had
             Clergie
             that
             were
             married
             once
             and
             again
             ;
             and
             yet
             before
             and
             after
             the
             Council
             ,
             were
             admitted
             as
             Clerks
             in
             the
             judgment
             of
             the
             Law.
             But
             the
             general
             Council
             interposes
             their
             authority
             ,
             and
             deprives
             them
             that
             are
             the
             second
             time
             married
             ,
             of
             all
             their
             priviledges
             of
             Clergie
             .
             It
             was
             it
             seemeth
             twenty
             years
             and
             more
             after
             that
             Council
             ,
             before
             the
             Church-men
             in
             England
             were
             throughly
             reformed
             ;
             for
             either
             some
             were
             still
             Bigami
             at
             the
             making
             of
             this
             Law
             ,
             or
             as
             touching
             that
             point
             it
             was
             vain
             ;
             nor
             is
             it
             easie
             to
             conceive
             what
             occasion
             should
             after
             so
             long
             a
             time
             move
             such
             exposition
             ,
             
             the
             words
             of
             the
             Constitution
             being
             ,
             
               Bigamos
               omni
               privilegio
               clericali
               declaramus
               esse
               nudatos
               .
            
             Now
             whether
             this
             slow
             Reformation
             arose
             from
             the
             defect
             in
             Law
             ,
             or
             in
             obedience
             thereto
             ,
             may
             be
             gathered
             from
             some
             particulars
             ensuing
             .
             First
             ,
             it
             is
             apparent
             that
             the
             Canons
             of
             general
             Councils
             ,
             
               eo
               nomine
            
             ,
             had
             formerly
             of
             ancient
             times
             gotten
             a
             kind
             of
             preheminence
             in
             this
             Nation
             ;
             but
             by
             what
             means
             ,
             is
             not
             so
             clear
             .
             In
             the
             Saxon
             times
             ,
             they
             were
             of
             no
             further
             force
             than
             the
             great
             Council
             of
             this
             Kingdom
             allowed
             by
             express
             act
             .
             For
             the
             
               Nicene
               Faith
            
             ,
             and
             the
             
               first
               five
               general
               Councils
            
             ,
             were
             received
             by
             Synodical
             confirmations
             of
             this
             Kingdom
             made
             in
             the
             
               joynt
               meeting
            
             both
             of
             the
             
               Laity
               and
               Clergie
            
             ;
             and
             during
             such
             joynt
             consulting
             ,
             the
             summons
             to
             the
             general
             Councils
             was
             sent
             to
             the
             King
             
               to
               send
               Bishops
               ,
               Abbots
            
             ,
             &c.
             but
             after
             that
             
             the
             Laity
             were
             excluded
             by
             the
             Clergie
             from
             their
             meetings
             ,
             and
             the
             King
             himself
             also
             served
             in
             the
             same
             manner
             ;
             the
             Summons
             to
             the
             general
             Council
             issued
             forth
             to
             the
             Bishops
             immediately
             ,
             and
             in
             particular
             to
             each
             of
             them
             ,
             and
             to
             the
             Abbots
             and
             Priors
             in
             general
             ;
             by
             vertue
             whereof
             ,
             they
             went
             
               inconsulto
               Rege
            
             ,
             
             and
             sometimes
             
               Rege
               renitente
            
             ,
             and
             appeared
             either
             personally
             or
             by
             proxie
             .
             Others
             came
             as
             parties
             ,
             to
             give
             and
             receive
             direction
             ,
             or
             hear
             Sentence
             in
             matters
             tending
             to
             spiritual
             regards
             .
             And
             for
             this
             cause
             issued
             Summons
             even
             to
             Kings
             ;
             as
             at
             the
             Council
             of
             Lyons
             aforesaid
             ,
             
             it
             is
             said
             ,
             that
             the
             Pope
             had
             cited
             
               Regis
               terrae
               ,
               &
               alios
               mundi
               principes
               ,
               &
               dictum
               principem
               ,
            
             meaning
             Henry
             the
             third
             :
             the
             matter
             was
             for
             assistance
             to
             the
             
               holy
               War
            
             ,
             and
             to
             determine
             the
             matter
             between
             Henry
             the
             third
             and
             his
             
               Clergie
               men
            
             .
             And
             as
             in
             that
             case
             ,
             so
             in
             others
             of
             that
             kind
             ,
             Kings
             would
             send
             their
             Embassadors
             or
             Proctors
             ,
             and
             give
             them
             power
             in
             their
             Princes
             name
             
               interessendi
               ,
               tranctandi
               ,
               communicandi
               &
               concludendi
               .
            
             First
             ,
             of
             such
             matters
             
               quae
               ad
               reformationem
               Ecclesiae
               universalis
               in
               capite
               &
               membris
               ,
            
             
             then
             of
             such
             as
             concern
             
               fidei
               orthodoxae
               fulciamentum
               ,
               Regumque
               ac
               principum
               pacificationem
               ,
            
             or
             any
             other
             particular
             cause
             which
             occasionally
             might
             be
             inserted
             .
             So
             long
             then
             as
             Kings
             had
             their
             votes
             in
             the
             general
             Councils
             ,
             they
             were
             engaged
             in
             the
             maintenance
             of
             their
             decrees
             ;
             and
             by
             this
             means
             entred
             the
             Canon-law
             into
             Kingdoms
             .
             Nor
             was
             the
             vote
             of
             Kings
             difficult
             to
             be
             obtained
             ,
             especially
             in
             matters
             that
             trenched
             not
             upon
             the
             Crown
             ;
             for
             the
             Pope
             (
             knowing
             well
             that
             Kings
             were
             too
             wise
             to
             adventure
             their
             own
             persons
             into
             foraign
             parts
             where
             the
             general
             Councils
             were
             holden
             ,
             and
             that
             it
             was
             thrift
             for
             them
             to
             send
             such
             Proctors
             that
             might
             not
             altogether
             spend
             upon
             the
             King's
             purse
             )
             allowed
             Bishops
             and
             Clergy-men
             to
             be
             Proctors
             for
             their
             Princes
             ,
             that
             in
             the
             Negative
             they
             might
             be
             
               pii
               inimici
            
             ,
             and
             less
             active
             ;
             but
             in
             the
             Affirmative
             zealous
             ;
             and
             so
             make
             the
             way
             wider
             ,
             by
             the
             Temporal
             and
             
               Spiritual
               vote
            
             joyned
             in
             one
             .
             Neither
             did
             Kings
             onely
             save
             their
             purse
             ,
             but
             they
             also
             made
             their
             own
             further
             advantage
             hereby
             ;
             for
             by
             the
             engagement
             and
             respect
             which
             these
             their
             Proctors
             had
             in
             Councils
             ,
             they
             (
             being
             for
             the
             most
             part
             such
             as
             were
             had
             in
             best
             esteem
             )
             obtained
             better
             respect
             to
             the
             cause
             that
             they
             handled
             ,
             and
             speedier
             dispatch
             .
          
           
             Nevertheless
             the
             case
             sometimes
             was
             such
             ,
             as
             could
             not
             expect
             favour
             ;
             and
             then
             as
             the
             King's
             temper
             was
             ,
             they
             would
             sometimes
             ride
             it
             out
             with
             full
             sail
             ,
             and
             to
             that
             end
             would
             either
             joyn
             with
             their
             Ecclesiastcal
             Proctors
             some
             of
             the
             Barons
             and
             great
             men
             of
             their
             Realm
             ,
             to
             add
             to
             the
             cry
             ,
             and
             make
             their
             affairs
             ring
             louder
             in
             the
             ears
             of
             fame
             (
             although
             the
             Pope
             had
             the
             greater
             vote
             )
             or
             otherwise
             would
             send
             an
             inhibition
             unto
             their
             Proctors
             and
             their
             assistants
             ;
             or
             an
             injunction
             to
             look
             to
             the
             rights
             of
             the
             Crown
             ,
             
             as
             Henry
             the
             Third
             did
             at
             the
             Council
             at
             Lyons
             ;
             and
             this
             sounded
             in
             nature
             of
             a
             Protest
             ,
             and
             (
             within
             the
             Realm
             of
             England
             )
             had
             the
             force
             of
             a
             Proviso
             ,
             or
             Saving
             .
             But
             if
             the
             worst
             of
             all
             come
             to
             pass
             ,
             viz.
             that
             the
             Council
             passed
             the
             cause
             against
             Kings
             without
             any
             Inhibition
             or
             Injunction
             ,
             yet
             could
             it
             not
             bind
             the
             Law
             of
             the
             Land
             ,
             or
             Kings
             just
             Prerogatives
             ,
             no
             not
             in
             these
             times
             of
             
             Rome's
             hour
             ,
             and
             of
             the
             power
             of
             darkness
             .
             For
             at
             a
             Synod
             holden
             by
             Arch-bishop
             
               Peckham
               ,
               An.
            
             1280.
             the
             Acts
             of
             the
             Council
             of
             Lyons
             were
             ratified
             ,
             and
             amongst
             others
             ,
             a
             Canon
             against
             non-residency
             and
             pluralities
             ;
             and
             yet
             neither
             Council
             nor
             Synod
             could
             prevail
             ;
             for
             in
             Edward
             the
             Second's
             time
             an
             Abbot
             presenting
             to
             a
             Church
             vacant
             (
             as
             was
             supposed
             )
             by
             the
             Canon
             of
             pluralities
             ,
             the
             King
             whose
             Chaplain
             was
             disturbed
             ,
             
             enjoyned
             the
             Abbot
             to
             revoke
             his
             presentation
             upon
             this
             ground
             ,
             
               Cum
               igitur
            
             ,
             &c.
             in
             English
             thus
             :
             
               Whereas
               therefore
               that
               Decree
               
               bindeth
               not
               our
               Clerks
               in
               our
               service
               ,
               in
               regard
               that
               the
               Kings
               and
               Princes
               of
            
             England
             
               from
               time
               to
               time
               have
               enjoyed
               that
               liberty
               and
               prerogative
               ,
               that
               their
               Clerks
               whilst
               they
               attend
               upon
               their
               service
               shall
               not
               be
               constrained
               to
               undertake
               holy
               things
               ,
               or
               to
               be
               personally
               resident
               on
               their
               Benefices
               ,
            
             &c.
             
          
           
             And
             if
             this
             present
             Law
             be
             considered
             whereof
             we
             now
             treat
             ,
             which
             took
             leave
             to
             enact
             a
             sence
             upon
             a
             former
             Canon
             so
             long
             since
             made
             ,
             and
             (
             which
             is
             all
             one
             )
             to
             mak●
             a
             general
             Council
             (
             will
             or
             nill
             it
             )
             to
             tread
             in
             the
             steps
             of
             an
             English
             Parliament
             ,
             or
             (
             which
             is
             more
             mean
             )
             to
             speak
             after
             the
             sence
             of
             an
             
               English
               Declaration
            
             ,
             that
             had
             not
             yet
             attained
             the
             full
             growth
             of
             a
             Statute
             ,
             
             as
             was
             then
             conceived
             ;
             it
             will
             evidently
             appear
             ,
             that
             the
             power
             of
             a
             council
             made
             up
             of
             a
             mixture
             of
             a
             few
             votes
             out
             of
             several
             Nations
             ,
             or
             the
             major
             part
             of
             them
             ,
             being
             unacquainted
             with
             the
             Laws
             and
             Customs
             of
             Nations
             ,
             (
             other
             than
             their
             own
             )
             was
             too
             mean
             to
             set
             a
             Law
             upon
             any
             particuler
             Nation
             contrary
             to
             its
             own
             original
             and
             fundamental
             Law.
             And
             as
             the
             Voters
             sent
             to
             the
             grand
             Councils
             from
             England
             were
             but
             few
             ,
             so
             neither
             were
             the
             Proctors
             ;
             as
             may
             appear
             from
             this
             ,
             that
             Pope
             Innocent
             ,
             out
             of
             his
             moderation
             ,
             if
             we
             may
             believe
             it
             ,
             and
             to
             avoid
             much
             expence
             ,
             as
             he
             saith
             ,
             did
             order
             that
             the
             number
             of
             Proctors
             in
             such
             cases
             should
             be
             few
             .
             But
             in
             truth
             ,
             the
             times
             then
             were
             no
             times
             for
             moderation
             amongst
             Popes
             and
             their
             Officers
             ,
             and
             therefore
             it
             was
             another
             thing
             that
             pinched
             ;
             for
             multitude
             of
             Proctors
             ,
             if
             their
             number
             had
             not
             been
             moderated
             ,
             might
             perhaps
             ,
             if
             not
             prevail
             ,
             yet
             so
             blemish
             the
             contrary
             party
             ,
             that
             what
             the
             Pope
             should
             get
             ,
             must
             cost
             him
             loss
             of
             spirits
             ,
             if
             not
             bloud
             .
             And
             although
             the
             Bishops
             being
             fast
             Friends
             to
             the
             Pope
             ,
             by
             vertue
             of
             their
             Oath
             ,
             did
             prevail
             in
             power
             ,
             and
             the
             Pope
             had
             the
             controul
             of
             the
             Council
             :
             yet
             the
             exceeding
             number
             of
             the
             Proctors
             ,
             on
             the
             contrary
             ,
             might
             render
             their
             conclusions
             somewhat
             questionable
             in
             point
             of
             honesty
             ,
             as
             being
             made
             against
             the
             mindes
             of
             the
             greater
             number
             of
             persons
             present
             ,
             though
             their
             votes
             were
             fewer
             .
             To
             avoid
             this
             difficulty
             therefore
             ,
             for
             more
             surety-sake
             ,
             the
             Popes
             enlarged
             the
             number
             of
             Voters
             ;
             for
             whereas
             it
             seemeth
             to
             be
             an
             ancient
             rule
             ,
             that
             onely
             four
             Bishops
             should
             go
             out
             of
             England
             to
             the
             general
             Council
             ,
             
             in
             after-ages
             not
             one
             Bishop
             could
             be
             spared
             ,
             unless
             in
             cases
             of
             great
             and
             emergent
             consequence
             (
             as
             may
             appear
             by
             the
             Pope's
             Letter
             to
             Henry
             Third
             )
             and
             the
             case
             required
             it
             :
             for
             the
             oppressions
             of
             the
             Pope
             began
             to
             ring
             so
             loud
             ,
             
             as
             the
             holy
             Chair
             began
             to
             shake
             .
             Neither
             did
             Kings
             confine
             themselves
             to
             any
             certain
             number
             of
             Proctors
             ,
             notwithstanding
             the
             Pope's
             moderation
             ;
             but
             as
             the
             case
             required
             ,
             sent
             more
             or
             less
             :
             as
             unto
             the
             Council
             at
             Pisa
             ,
             for
             the
             composing
             and
             quieting
             that
             great
             Schism
             in
             the
             Popedom
             ,
             Henry
             the
             Fourth
             sent
             solemn
             Embassadors
             ,
             and
             with
             them
             nigh
             eighty
             in
             all
             .
             But
             unto
             the
             Council
             at
             
               Basil
               ,
               Henry
            
             the
             Sixth
             sent
             not
             above
             twelve
             or
             thirteen
             ,
             as
             Mr.
             Selden
             more
             particularly
             relateth
             .
             
             And
             unto
             the
             Council
             at
             Lyons
             ,
             formerly
             mentioned
             ,
             the
             Parliament
             sent
             but
             six
             or
             seven
             ,
             to
             remonstrate
             their
             complaints
             of
             the
             extortions
             of
             the
             Court
             at
             Rome
             ,
             their
             Legates
             and
             Emissaries
             .
             The
             sum
             of
             all
             will
             be
             ,
             that
             the
             Acts
             of
             general
             Councils
             were
             but
             Counsels
             ,
             which
             being
             offered
             to
             the
             sence
             of
             the
             Parliament
             of
             England
             ,
             might
             grow
             up
             to
             the
             degree
             of
             Laws
             ,
             if
             the
             Parliament
             liked
             them
             .
          
           
             Nevertheless
             ,
             
               National
               Synods
            
             in
             England
             undertook
             the
             quarrel
             of
             
               general
               Councils
            
             :
             
             for
             Arch-bishop
             Peckham
             ,
             in
             a
             Synod
             ,
             1280.
             enjoyned
             
             the
             Constitutions
             made
             in
             the
             Council
             at
             Lyons
             ,
             to
             be
             observed
             under
             a
             curse
             ,
             without
             consultation
             first
             had
             with
             the
             Parliament
             ,
             or
             before
             he
             knew
             whether
             they
             would
             be
             right
             or
             wrong
             .
             And
             before
             him
             Boniface
             made
             Constitutions
             in
             opposition
             to
             the
             customs
             of
             the
             Kingdom
             ;
             so
             as
             the
             matter
             was
             now
             come
             to
             a
             kind
             of
             contest
             ,
             whether
             Synods
             or
             Parliaments
             should
             hold
             supremacy
             in
             doubtful
             cases
             concerning
             the
             limits
             of
             the
             Ecclesiastical
             and
             Temporal
             power
             .
             For
             henceforth
             Kings
             must
             bid
             adieu
             to
             the
             Synods
             ,
             and
             sit
             no
             more
             amongst
             them
             ;
             and
             Synods
             now
             think
             themselves
             free
             to
             consult
             and
             determine
             what
             they
             please
             ,
             without
             speaking
             
               under
               correction
            
             ;
             nor
             was
             there
             other
             remedy
             left
             to
             Kings
             but
             threats
             ,
             
             by
             Writs
             directed
             to
             the
             Bishops
             ,
             
               firmiter
               inhibendo
               quod
               ,
               sicut
               Baronias
               quas
               de
               Rege
               tenent
               diligunt
               ,
               nullo
               modo
               praesumant
               concilium
               tenere
               de
               aliquibus
               quae
               ad
               coronam
               Regis
               attinent
               ,
               vel
               quae
               ad
               personam
               Regis
               ,
               vel
               statum
               suum
               ,
               vel
               statum
               concilii
               sui
               contingunt
               ,
               quod
               si
               fecerint
               ,
               Rex
               inde
               se
               capiat
               ad
               Baronias
               suas
               .
            
          
           
             And
             this
             prevailed
             so
             effectually
             ,
             that
             the
             Bishops
             durst
             not
             adventure
             too
             far
             ,
             lest
             they
             should
             go
             beyond
             their
             guard
             ;
             and
             therefore
             they
             come
             and
             ask
             leave
             of
             the
             Parliament
             in
             cases
             that
             trenched
             upon
             the
             Law
             of
             the
             Kingdom
             ;
             
             as
             they
             did
             in
             the
             case
             of
             Bastardy
             ,
             wherein
             they
             would
             have
             had
             their
             consent
             ,
             
               That
               Children
               born
               before
               Marriage
               might
               be
               made
               legitimate
               by
               the
               Marriage
               subsequent
               .
            
             And
             yet
             they
             could
             not
             prevail
             ;
             for
             they
             were
             answered
             ,
             
               Nolumus
               leges
               Angliae
               mutari
            
             ,
             notwithstanding
             that
             the
             Canon-law
             and
             the
             Laws
             of
             the
             Normans
             sided
             with
             them
             .
             And
             so
             they
             obtained
             not
             their
             desire
             ,
             although
             they
             still
             retained
             the
             Tryal
             of
             general
             Bastardy
             unto
             themselves
             .
          
           
             Nevertheless
             the
             times
             were
             such
             ,
             as
             Kings
             being
             too
             weakly
             assisted
             by
             the
             people
             ,
             and
             the
             Clergie
             strongly
             seconded
             by
             the
             Pope
             ,
             they
             took
             advantage
             of
             those
             times
             of
             distraction
             ,
             so
             as
             to
             hold
             themselves
             no
             farther
             obliged
             to
             the
             King
             ,
             than
             the
             Pope
             and
             their
             own
             covetousness
             would
             allow
             them
             :
             and
             to
             make
             all
             sure
             ,
             they
             had
             setled
             it
             so
             far
             as
             they
             were
             able
             ,
             by
             a
             Constitution
             
               that
               the
               Clergie
               were
               not
               bound
               to
               aid
               the
               King
               Papa
               inconsulto
               :
            
             
             and
             they
             put
             it
             in
             practice
             in
             a
             Synod
             under
             Arch-bishop
             Winchelsie
             ,
             Anno
             1295.
             in
             the
             time
             of
             Edward
             the
             First
             ;
             and
             although
             the
             King
             prevailed
             in
             the
             conclusion
             at
             that
             time
             ,
             yet
             from
             the
             times
             of
             Henry
             the
             Third
             ,
             the
             Clergie
             for
             future
             times
             granted
             their
             aids
             to
             the
             King
             by
             themselves
             ,
             and
             apart
             from
             the
             rest
             of
             the
             body
             of
             the
             Kingdom
             ,
             and
             held
             themselves
             not
             bound
             by
             any
             aid
             granted
             by
             the
             Parliament
             ;
             albeit
             that
             their
             own
             aids
             granted
             in
             their
             Synods
             were
             not
             obligatory
             unto
             the
             body
             of
             the
             Clergie
             in
             this
             Kingdom
             ,
             unless
             first
             allowed
             and
             confirmed
             by
             the
             Parliament
             .
             And
             thus
             is
             England
             become
             like
             a
             two-bodied
             monster
             supported
             with
             one
             pair
             of
             Legs
             .
          
        
         
           
           
             CHAP.
             LXVII
             .
             
             Of
             the
             condition
             of
             the
             Free-men
             of
             England
             ,
             of
             the
             Grand
             Charter
             ,
             and
             other
             Statutes
             ,
             during
             the
             Reigns
             of
             these
             Kings
             .
          
           
             SHattered
             asunder
             by
             broyls
             of
             Civil
             Wars
             ,
             the
             Freemen
             having
             laid
             aside
             that
             regard
             of
             the
             ancient
             mutual
             covenant
             ,
             and
             bond
             of
             Decenners
             ,
             are
             now
             become
             weak
             ,
             and
             almost
             enthralled
             to
             the
             lust
             of
             Kings
             ,
             Lords
             ,
             Pope
             ,
             and
             English
             Clergie
             :
             and
             therefore
             it
             is
             no
             wonder
             if
             Taxes
             and
             Tributes
             were
             many
             and
             new
             ,
             although
             most
             of
             them
             deserved
             not
             to
             march
             under
             any
             banner
             but
             the
             colours
             of
             oppression
             ;
             nor
             did
             any
             thing
             save
             them
             from
             the
             worst
             Tenure
             of
             all
             ,
             but
             the
             several
             interests
             of
             those
             superiour
             powers
             which
             oftentimes
             did
             justle
             with
             one
             another
             ,
             and
             thereby
             gave
             the
             Commons
             liberty
             to
             take
             breath
             ;
             so
             as
             though
             for
             the
             present
             they
             lost
             ground
             ,
             and
             hunted
             upon
             a
             cool
             scent
             ,
             yet
             they
             still
             retained
             the
             prey
             within
             their
             view
             .
             Sometimes
             they
             were
             cast
             far
             behind
             ,
             other
             times
             they
             recovered
             themselves
             :
             a
             Truce
             is
             cried
             ,
             and
             Laws
             are
             made
             to
             moderate
             all
             ,
             and
             determine
             the
             bounds
             of
             every
             one
             ;
             and
             thus
             comes
             the
             
               Grand
               Charter
            
             upon
             the
             publick
             Theatre
             .
             The
             Historian
             saith
             ,
             it
             was
             the
             same
             with
             that
             of
             King
             
             John's
             framing
             ;
             and
             yet
             by
             comparing
             them
             together
             ,
             we
             find
             them
             disagreeing
             both
             in
             words
             and
             sence
             ;
             and
             therefore
             shall
             sum
             the
             same
             up
             as
             shortly
             as
             I
             can
             ,
             observing
             the
             difference
             of
             the
             two
             Charters
             as
             I
             pass
             along
             .
             The
             First
             Chapter
             concerned
             the
             Church
             ,
             of
             which
             sufficient
             hath
             been
             spoken
             .
          
           
             The
             Freemen
             shall
             enjoy
             these
             Liberties
             to
             them
             and
             their
             Heirs
             for
             ever
             .
             
          
           
             The
             Heir
             in
             Knight-service
             shall
             pay
             the
             ancient
             relief
             .
             
          
           
             That
             Reliefs
             were
             setled
             by
             the
             Saxons
             ,
             hath
             been
             already
             shewed
             ,
             and
             also
             that
             they
             were
             continued
             and
             confirmed
             by
             Henry
             the
             First
             :
             onely
             in
             those
             times
             they
             were
             paid
             in
             Horses
             ,
             Arms
             ,
             &c.
             
             But
             in
             after-times
             all
             was
             turned
             into
             money
             ,
             which
             was
             more
             beneficial
             for
             all
             .
          
           
             Lords
             shall
             have
             their
             Wards
             bodies
             and
             Lands
             after
             homage
             received
             until
             the
             full
             age
             ,
             though
             the
             Ward
             be
             formerly
             Knighted
             .
             
          
           
             The
             Law
             of
             Wardship
             may
             seem
             more
             anciently
             seated
             in
             this
             Kingdom
             than
             the
             Normans
             times
             ;
             
             for
             if
             the
             Statutes
             of
             Scotland
             bear
             any
             credit
             ,
             that
             Law
             was
             in
             Scotland
             before
             those
             times
             .
             The
             Lords
             were
             not
             to
             have
             the
             Wardship
             before
             they
             were
             possessed
             of
             the
             Tenure
             ,
             because
             it
             was
             theirs
             as
             a
             fruit
             of
             the
             Tenure
             ,
             according
             to
             the
             Saxon
             Law
             concerning
             distress
             ,
             that
             it
             could
             not
             be
             in
             the
             power
             of
             the
             Lord
             to
             distrain
             till
             he
             was
             possessed
             of
             the
             service
             .
             
             And
             if
             by
             fraudulent
             conveyance
             the
             Heir
             did
             hold
             the
             Lord
             out
             of
             possession
             ,
             a
             Writ
             of
             Ward
             did
             lie
             against
             him
             ;
             and
             if
             he
             did
             not
             appear
             ,
             the
             Lord
             might
             seize
             the
             Lands
             ,
             unless
             in
             case
             of
             
               Wardship
               ,
               per
               cause
               de
               guard
               .
            
          
           
           
             And
             in
             case
             the
             Lord
             would
             hold
             the
             Wardship
             longer
             than
             the
             full
             age
             of
             the
             Heir
             ,
             
             an
             Assize
             did
             lie
             against
             the
             Lord
             ;
             for
             the
             Heir
             could
             not
             enter
             without
             Livery
             .
             But
             if
             the
             Heir
             were
             of
             full
             age
             at
             the
             time
             of
             the
             Ancestor's
             death
             ,
             the
             Lord
             could
             not
             enter
             the
             Lands
             ;
             and
             yet
             he
             should
             have
             a
             Relief
             ,
             and
             the
             
               primer
               seisin
            
             .
          
           
             And
             if
             the
             Heir
             entred
             the
             Lands
             before
             Homage
             done
             ,
             he
             gained
             no
             
               Free
               hold
            
             ,
             though
             he
             were
             Knighted
             before
             ,
             as
             this
             Law
             provideth
             .
             For
             it
             may
             seem
             that
             these
             times
             of
             Civil
             War
             ,
             
             brought
             forth
             a
             trick
             of
             Knighting
             betimes
             ,
             as
             an
             honourable
             encouragement
             for
             young
             sparks
             to
             enter
             the
             field
             before
             they
             were
             compleat
             men
             of
             discretion
             to
             know
             whether
             the
             cause
             of
             War
             was
             good
             or
             evil
             .
             And
             yet
             reason
             might
             induce
             a
             conceit
             ,
             that
             he
             that
             was
             thought
             meet
             to
             do
             Knight-service
             in
             his
             own
             person
             ,
             might
             expect
             the
             maintenance
             fit
             for
             the
             ability
             of
             the
             person
             ,
             and
             honour
             of
             the
             service
             .
          
           
             Grantees
             or
             their
             Assigns
             ,
             or
             Committees
             of
             Wardships
             ,
             
             shall
             preserve
             the
             Land
             ,
             &c.
             from
             Waste
             ,
             and
             the
             Tenants
             from
             extortion
             .
          
           
             They
             shall
             yield
             up
             the
             same
             stocked
             ,
             
             if
             they
             receive
             them
             stocked
             .
          
           
             The
             first
             of
             these
             is
             the
             Law
             of
             common
             reason
             ;
             for
             it
             is
             contrary
             to
             Guardianship
             ,
             to
             destroy
             that
             which
             by
             their
             office
             they
             ought
             to
             preserve
             .
             As
             touching
             the
             words
             of
             the
             Law
             ,
             the
             Grantees
             are
             omitted
             in
             the
             Charter
             of
             King
             John
             ;
             and
             also
             their
             Assignees
             ,
             albeit
             that
             doubtless
             they
             were
             within
             the
             intent
             and
             meaning
             of
             the
             Law.
             The
             matter
             declares
             plainly
             not
             onely
             the
             oppression
             of
             Lords
             upon
             their
             Wards
             ,
             but
             also
             the
             corruption
             even
             of
             the
             Law
             itself
             ,
             that
             at
             the
             first
             aimed
             at
             the
             good
             of
             the
             Publick
             ,
             and
             honour
             of
             Knight-service
             ,
             but
             now
             was
             degenerated
             into
             the
             base
             desire
             of
             profit
             ,
             by
             making
             market
             of
             the
             Wards
             Estates
             and
             Marriages
             ,
             that
             brought
             in
             strip
             and
             waste
             of
             Estates
             ,
             and
             niggardly
             neglect
             of
             the
             education
             and
             training
             up
             of
             the
             persons
             of
             the
             Wards
             ,
             and
             an
             imbasing
             of
             the
             generation
             of
             mankind
             ,
             and
             spoil
             of
             times
             .
             Nor
             did
             these
             times
             ever
             espy
             ,
             or
             provide
             against
             the
             worst
             of
             these
             ,
             but
             onely
             endeavoured
             to
             save
             the
             estate
             by
             punishing
             the
             wasters
             in
             damages
             by
             this
             Law
             ,
             
             and
             by
             forfeiture
             of
             the
             Wardship
             by
             a
             Law
             made
             in
             the
             time
             of
             Edward
             the
             First
             ;
             and
             this
             as
             well
             for
             Waste
             done
             during
             the
             time
             of
             the
             custody
             ,
             as
             in
             the
             life-time
             of
             his
             Ancestors
             ,
             by
             another
             Law
             in
             Edward
             the
             First
             's
             time
             .
             
             And
             because
             the
             Escheators
             and
             their
             under-Officers
             used
             to
             serve
             themselves
             out
             of
             the
             Estates
             of
             Minors
             ,
             before
             they
             certified
             to
             the
             King
             his
             right
             ;
             and
             those
             were
             not
             within
             the
             Law
             of
             
               Magna
               Charta
            
             ,
             
             or
             at
             least
             not
             so
             reputed
             :
             It
             was
             therefore
             afterwards
             provided
             ;
             that
             these
             also
             should
             render
             damages
             in
             a
             Writ
             of
             Waste
             to
             be
             brought
             against
             them
             .
          
           
             The
             marriage
             of
             Wards
             shall
             be
             without
             disparagement
             .
             
          
           
             It
             was
             an
             ancient
             Law
             among
             the
             Germans
             ,
             
             and
             the
             Saxons
             brought
             it
             hither
             ,
             and
             as
             a
             Law
             setled
             it
             ,
             that
             
               Marriage
               must
               be
               amongst
               equals
            
             ;
             
             but
             this
             the
             Danes
             and
             Normans
             slighted
             ,
             and
             yet
             it
             continued
             ,
             and
             was
             revived
             .
             Now
             as
             the
             Lord
             had
             the
             tuition
             of
             the
             Ward
             instead
             of
             the
             Ancestor
             ,
             so
             had
             he
             the
             care
             of
             the
             marriage
             in
             such
             manner
             as
             the
             Ancestor
             
             might
             have
             had
             if
             he
             had
             lived
             .
             For
             in
             case
             the
             Ward
             were
             stoln
             and
             married
             ,
             the
             Delinquent
             suffered
             fine
             and
             imprisonment
             .
             Or
             if
             the
             
               Ward
               married
            
             without
             the
             Lord's
             consent
             ,
             he
             shall
             have
             the
             double
             value
             ,
             and
             hold
             the
             Land
             over
             till
             satisfaction
             .
             
             But
             in
             case
             the
             Lord
             marrieth
             the
             Ward
             within
             fourteen
             years
             of
             age
             to
             its
             disparagement
             ,
             he
             shall
             lose
             his
             Wardship
             thereby
             .
             
             And
             if
             the
             Ward
             refuseth
             to
             accept
             of
             a
             marriage
             tendred
             by
             the
             Lord
             before
             her
             age
             of
             sixteen
             years
             ,
             
             the
             Lord
             shall
             hold
             the
             Lands
             till
             he
             have
             received
             the
             full
             value
             ;
             and
             in
             case
             where
             one
             Tenant
             holdeth
             of
             divers
             Lords
             ,
             the
             Lords
             by
             priority
             shall
             have
             the
             marriage
             .
             These
             Laws
             were
             in
             use
             during
             the
             Reigns
             of
             those
             Kings
             ,
             
             although
             it
             cannot
             be
             certainly
             concluded
             hereby
             ,
             that
             the
             Wives
             portion
             properly
             belonged
             to
             the
             Lord
             ,
             as
             for
             his
             own
             benefit
             ;
             partly
             because
             the
             Female-Wards
             should
             have
             no
             advancement
             ,
             if
             it
             belonged
             to
             the
             Lords
             ;
             and
             partly
             because
             this
             forfeiture
             was
             given
             to
             the
             Lords
             in
             nature
             of
             a
             penalty
             ,
             as
             appeareth
             by
             the
             frame
             of
             the
             Statute
             of
             Merton
             .
          
           
             Widows
             shall
             have
             their
             Dower
             ,
             
             inheritance
             ,
             their
             inheritance
             which
             they
             have
             joyntly
             with
             their
             Husbands
             ,
             
             their
             marriage
             freely
             ,
             and
             their
             Quarentine
             .
             
          
           
             With
             due
             regard
             of
             the
             opinion
             of
             others
             ,
             I
             shall
             propound
             my
             own
             .
             It
             seemeth
             to
             me
             that
             the
             King
             is
             within
             this
             Law
             ,
             as
             well
             as
             within
             the
             former
             Laws
             of
             the
             Normans
             ,
             and
             those
             of
             Henry
             the
             Second
             ,
             that
             are
             of
             this
             kind
             ;
             and
             as
             he
             is
             within
             the
             compass
             of
             every
             Law
             of
             this
             Charter
             ;
             and
             that
             it
             is
             called
             the
             
               Grand
               Charter
            
             ,
             as
             most
             immediately
             coming
             from
             the
             King
             to
             the
             people
             ,
             and
             not
             from
             the
             Lords
             .
             Nor
             is
             there
             any
             ground
             that
             the
             Law
             should
             intend
             to
             give
             liberty
             to
             Widows
             of
             Wards
             belonging
             to
             inferiour
             Lords
             to
             marry
             whom
             they
             will
             ,
             and
             that
             onely
             the
             
               Kings
               Widows
            
             shall
             be
             bound
             .
             Nor
             did
             this
             suit
             with
             the
             contest
             between
             the
             Barons
             and
             the
             King
             ,
             that
             their
             Widows
             should
             be
             bound
             unto
             the
             King
             ,
             
             and
             the
             Widows
             of
             their
             Tenants
             discharged
             from
             their
             tuition
             ;
             and
             therefore
             I
             conceive
             ,
             by
             the
             word
             maritagium
             is
             not
             meant
             liberty
             of
             Marriage
             ,
             but
             her
             Marriage-portion
             ,
             or
             
               rationabilis
               pars
            
             ,
             according
             to
             the
             foregoing
             Laws
             of
             Henry
             the
             First
             ,
             and
             Henry
             the
             Second
             ,
             and
             the
             Saxon
             Customs
             .
             But
             as
             touching
             the
             liberty
             of
             Marriage
             ,
             it
             is
             defined
             and
             expressed
             ,
             
             that
             the
             Widows
             shall
             not
             be
             compelled
             to
             marry
             ;
             nevertheless
             if
             they
             shall
             marry
             ,
             they
             must
             marry
             with
             the
             Lord's
             liking
             ;
             otherwise
             he
             might
             have
             an
             enemy
             to
             be
             his
             Tenant
             ,
             that
             might
             instead
             of
             homage
             and
             service
             ,
             prove
             Traitor
             ,
             and
             be
             his
             ruine
             .
             Lastly
             ,
             touching
             the
             
               Widows
               dwelling
            
             ,
             the
             Law
             thought
             it
             unreasonable
             that
             she
             should
             immediately
             after
             the
             death
             of
             her
             Husband
             be
             exposed
             to
             be
             harbourless
             ,
             and
             therefore
             ordained
             that
             she
             might
             continue
             in
             her
             Husband's
             house
             
               Forty
               days
            
             ,
             if
             it
             were
             not
             a
             Castle
             ;
             and
             then
             she
             was
             to
             have
             another
             dwelling
             assigned
             to
             her
             ,
             because
             by
             common
             intendment
             she
             is
             not
             supposed
             to
             be
             a
             person
             meet
             to
             defend
             a
             Castle
             :
             and
             this
             was
             called
             her
             Quarentine
             ;
             which
             I
             meet
             not
             with
             amongst
             the
             Saxon
             Laws
             ,
             and
             therefore
             suppose
             it
             to
             be
             of
             Norman
             original
             .
          
           
             No
             Man's
             Land
             shall
             be
             seized
             for
             Debt
             to
             the
             King
             so
             long
             as
             the
             Personal
             Estate
             will
             satisfie
             .
             
             Nor
             shall
             his
             pledge
             be
             troubled
             ,
             so
             long
             as
             the
             Principal
             is
             sufficient
             ;
             unless
             he
             refuse
             to
             satisfie
             ,
             and
             then
             the
             pledge
             shall
             recover
             in
             value
             .
          
           
           
             The
             first
             part
             hereof
             ,
             was
             the
             issue
             of
             the
             Law
             concerning
             elegit
             ,
             formerly
             observed
             in
             the
             Saxon
             times
             ;
             for
             the
             regard
             of
             Law
             principally
             extended
             unto
             the
             person
             ,
             next
             unto
             the
             Free-hold
             ,
             and
             lastly
             unto
             the
             goods
             .
             The
             latter
             part
             of
             this
             Law
             was
             the
             Law
             of
             Pledges
             or
             Decenners
             in
             the
             same
             times
             ;
             unto
             which
             the
             Reader
             may
             resort
             for
             further
             light
             herein
             .
          
           
             The
             City
             of
             London
             ,
             
             and
             other
             Cities
             ,
             Burroughs
             ,
             and
             Towns
             ,
             and
             the
             Cinque-ports
             ,
             and
             other
             Ports
             ,
             shall
             enjoy
             their
             ancient
             Liberties
             .
          
           
             The
             whole
             Kingdom
             ,
             and
             the
             Members
             thereof
             herein
             expressed
             ,
             had
             all
             their
             Liberties
             saved
             from
             the
             dint
             of
             Conquest
             by
             the
             Law
             of
             William
             the
             first
             ;
             
             upon
             which
             ,
             although
             some
             of
             the
             succeeding
             Kings
             did
             invade
             ,
             yet
             none
             of
             them
             made
             any
             absolute
             disseisin
             ,
             
             although
             disturbance
             in
             some
             particulars
             .
             But
             King
             John
             did
             not
             only
             confirm
             them
             by
             his
             grand
             Charters
             ,
             but
             by
             particular
             Charters
             to
             each
             Corporation
             ,
             with
             some
             enlargements
             ;
             and
             in
             his
             
               grand
               Charter
            
             inserted
             one
             clause
             which
             in
             the
             
               grand
               Charter
            
             of
             Henry
             the
             Third
             appeareth
             not
             ,
             which
             thus
             ensueth
             :
             
               Et
               ad
               habendum
               commune
               concilium
               Regni
               de
               auxiliis
               assidendis
               ,
               aliter
               quam
               in
               tribus
               casibus
               praedictis
            
             ;
             which
             if
             the
             barbarism
             of
             the
             Latine
             mislead
             me
             not
             ,
             is
             thus
             in
             
               English
               :
               And
               to
               have
               right
               of
               Common-Council
               ,
               or
               to
               be
               of
               the
               Common-Council
               of
               the
               Kingdom
               ,
               for
               the
               assessing
               of
               aids
               ,
               other
               than
               in
               three
               cases
               aforesaid
               ,
            
             viz.
             for
             
               redemption
               of
               their
               Captive
               King
               ,
               for
               Knighting
               of
               the
               Kings
               Son
               ,
            
             and
             for
             
               his
               Daughters
               Marriage
            
             :
             because
             these
             three
             might
             be
             due
             by
             the
             Common-Law
             ;
             the
             two
             latter
             by
             custom
             ,
             the
             former
             by
             common
             right
             ;
             although
             mentioned
             from
             the
             late
             disaster
             of
             King
             Richard
             ,
             which
             King
             John
             might
             with
             shame
             enough
             remember
             ,
             and
             expect
             the
             same
             measure
             from
             the
             censure
             of
             an
             unquiet
             conscience
             .
             I
             shall
             not
             enter
             into
             debate
             concerning
             the
             omission
             hereof
             in
             the
             later
             Charters
             ;
             possibly
             it
             might
             seem
             a
             tautology
             .
             Nor
             concerning
             the
             restriction
             ,
             as
             if
             it
             did
             imply
             that
             the
             
               Burgesses
               had
               Vote
               only
               in
               cases
               of
               general
               assesments
               ,
            
             but
             shall
             leave
             it
             to
             the
             consideration
             of
             the
             Reader
             .
          
           
             No
             Distress
             shall
             be
             taken
             for
             greater
             service
             or
             other
             matter
             than
             is
             due
             .
             
          
           
             Distresses
             are
             in
             nature
             ,
             no
             other
             than
             a
             summons
             in
             act
             ,
             or
             the
             bringing
             of
             a
             man
             to
             answer
             by
             seizure
             of
             part
             of
             his
             Goods
             ;
             and
             it
             was
             used
             by
             the
             Saxons
             ,
             as
             hath
             been
             shewed
             :
             and
             because
             the
             rich
             men
             under
             colour
             of
             seeking
             their
             right
             ,
             many
             times
             sought
             for
             wrong
             ,
             and
             though
             they
             could
             not
             prevail
             in
             the
             issue
             ,
             yet
             prevailed
             so
             far
             ,
             that
             the
             Defendant
             could
             not
             escape
             without
             charge
             and
             hinderance
             ;
             therefore
             the
             Law
             provided
             a
             Writ
             of
             remedy
             against
             unjust
             vexation
             ,
             
             which
             Glanvil
             remembreth
             us
             of
             :
             
             and
             yet
             because
             that
             remedy
             also
             carried
             with
             it
             matter
             of
             charge
             and
             disturbance
             to
             the
             Plaintiff
             ,
             and
             so
             the
             remedy
             might
             be
             worse
             than
             the
             disease
             ;
             therefore
             the
             Law
             defined
             distresses
             by
             circumstances
             of
             person
             ,
             matter
             ,
             time
             ,
             and
             place
             ,
             under
             penalties
             of
             fine
             and
             amercement
             ,
             
             besides
             the
             recompence
             to
             the
             party
             ;
             first
             ,
             it
             must
             not
             be
             taken
             ,
             
             but
             by
             leave
             from
             the
             Kings
             Court
             ,
             unless
             in
             case
             of
             matters
             due
             by
             
               common
               right
            
             ,
             and
             upon
             complaint
             made
             by
             the
             Plaintiff
             .
             The
             King
             sent
             out
             a
             Summons
             in
             this
             manner
             :
             
             
               Henricus
               Rex
               Ang.
               Hominibus
               Abbatis
               de
               Ramsey
               ,
               salutem
               .
               Precipio
               quod
               cito
               &
               juste
               reddatis
               Abbati
               Domino
               vestro
               quicquid
               ei
               debetis
               in
               censu
               ,
               &
               firma
               ,
               &
               debitis
               ,
               &
               placitis
               ;
               quod
               
               si
               nolueritis
               ,
               ipse
               vos
               inde
               constringat
               per
               pecuniam
               vestram
               .
            
             And
             in
             all
             cases
             of
             matters
             due
             by
             
               common
               right
            
             ,
             the
             distress
             never
             was
             done
             in
             an
             arbitrary
             way
             ,
             
             but
             by
             Judicial
             Act
             in
             the
             Lord's
             Court.
             Secondly
             ,
             no
             distress
             for
             suit
             shall
             be
             made
             out
             of
             the
             Fee
             ,
             nor
             against
             any
             person
             ,
             but
             such
             as
             are
             of
             that
             Fee.
             Nor
             shall
             any
             distress
             be
             made
             in
             the
             King's
             High-way
             or
             open
             street
             ,
             but
             by
             the
             King's
             Officer
             ,
             and
             special
             Writ
             ;
             because
             distress
             is
             incident
             to
             service
             ,
             and
             that
             is
             due
             as
             from
             the
             Fee
             :
             and
             therefore
             by
             
               common
               right
            
             the
             same
             must
             be
             recovered
             from
             the
             Fee
             ,
             and
             such
             as
             owe
             service
             in
             the
             same
             ;
             but
             the
             High-way
             or
             open
             street
             are
             more
             properly
             a
             Franchise
             belonging
             to
             the
             King
             ,
             although
             the
             Soil
             haply
             may
             be
             the
             Lords
             .
             And
             therefore
             it
             was
             an
             old
             Law
             ,
             that
             they
             should
             be
             under
             the
             King's
             safeguard
             ,
             
             
               Sit
               pax
               publica
               per
               communes
               vias
            
             ;
             and
             no
             violence
             must
             be
             there
             tolerated
             but
             by
             the
             King
             's
             special
             Writ
             ,
             which
             presupposeth
             the
             especial
             notice
             taken
             by
             the
             King
             of
             the
             nature
             of
             the
             occasion
             .
             A
             moderation
             also
             must
             be
             observed
             in
             the
             taking
             of
             the
             distress
             ,
             for
             it
             must
             not
             be
             excessive
             ;
             and
             also
             in
             keeping
             thereof
             :
             for
             if
             the
             owner
             will
             ,
             he
             may
             replevy
             the
             same
             ,
             
             according
             to
             the
             ancient
             course
             ;
             and
             the
             Sheriff
             must
             grant
             replevy
             if
             it
             be
             demanded
             ,
             although
             formerly
             no
             replevy
             was
             without
             special
             Writ
             ;
             and
             yet
             that
             also
             not
             always
             readily
             obeyed
             :
             for
             the
             times
             were
             such
             ,
             as
             the
             Lords
             were
             bold
             with
             the
             King's
             Courts
             and
             Ministers
             ,
             and
             refused
             the
             order
             of
             the
             Law.
             Now
             in
             such
             cases
             wherein
             the
             matter
             concerned
             contempt
             of
             the
             King's
             Authority
             ,
             
             a
             Fine
             was
             set
             upon
             the
             Offender
             ;
             but
             in
             case
             it
             concerned
             onely
             a
             Tort
             done
             to
             the
             party
             ,
             he
             was
             amerced
             :
             The
             one
             is
             called
             Redemption
             ,
             because
             the
             penalty
             otherwise
             must
             lie
             upon
             the
             person
             ,
             if
             it
             be
             not
             redeemed
             by
             pecuniary
             Fine
             ;
             the
             other
             is
             called
             Amercement
             ,
             
             which
             is
             originally
             a
             satisfaction
             unto
             the
             party
             wronged
             ,
             by
             recompence
             out
             of
             the
             
               personal
               Estate
            
             of
             the
             Delinquent
             .
             Thirdly
             ,
             as
             touching
             the
             matter
             of
             the
             distress
             ,
             it
             must
             not
             be
             of
             
               Plough
               beasts
            
             or
             Sheep
             ,
             
             unless
             in
             case
             of
             
               damage
               fesant
            
             ,
             if
             other
             distress
             may
             be
             had
             ;
             for
             the
             Law
             had
             a
             care
             of
             such
             Cattel
             as
             were
             most
             of
             publick
             concernment
             ,
             and
             which
             was
             the
             main
             stock
             of
             subsistence
             ,
             so
             far
             as
             Justice
             would
             allow
             .
             And
             therefore
             the
             unjust
             taking
             of
             any
             man's
             Cattel
             by
             any
             person
             whatsoever
             ,
             is
             liable
             to
             the
             same
             penalties
             that
             unjust
             distresses
             are
             .
             
             Fourthly
             ,
             concerning
             the
             using
             of
             the
             distress
             ,
             it
             must
             not
             be
             sold
             ,
             no
             not
             in
             the
             King's
             case
             ,
             till
             fifteen
             days
             be
             past
             ,
             after
             it
             is
             taken
             ;
             nor
             must
             it
             be
             carried
             out
             of
             the
             County
             ,
             
             but
             it
             must
             be
             so
             impounded
             as
             the
             owner
             may
             come
             to
             feed
             it
             ;
             and
             it
             must
             be
             discharged
             if
             the
             owner
             give
             security
             of
             satisfaction
             before
             the
             return
             of
             the
             Writ
             .
             
             Fifthly
             ,
             the
             intent
             of
             the
             distresses
             must
             be
             that
             which
             is
             just
             ,
             and
             therefore
             not
             for
             other
             suit
             than
             by
             the
             Feoffment
             is
             due
             ,
             or
             else
             by
             Prescription
             ;
             and
             in
             case
             many
             are
             joyntly
             seized
             ,
             
             the
             suit
             shall
             be
             by
             one
             ,
             and
             the
             rest
             shall
             contribute
             .
             Nor
             must
             any
             man
             be
             compelled
             to
             shew
             his
             Title
             to
             his
             Land
             by
             distress
             .
             
          
           
             The
             Common-pleas
             shall
             be
             holden
             in
             one
             certain
             place
             .
             
          
           
             The
             Office
             of
             Judge
             of
             the
             Common-pleas
             ,
             was
             ,
             in
             my
             opinion
             ,
             distinct
             and
             several
             from
             that
             of
             the
             Crown-pleas
             ;
             nor
             though
             one
             and
             the
             same
             man
             might
             execute
             both
             Authorities
             ,
             doth
             it
             therefore
             follow
             that
             it
             was
             by
             one
             and
             the
             same
             power
             ;
             as
             if
             being
             Judge
             ,
             he
             had
             thereby
             power
             in
             all
             matters
             of
             the
             Common-pleas
             ,
             and
             also
             of
             the
             Crown
             .
             For
             though
             it
             be
             true
             that
             Bracton
             saith
             ,
             
             The
             King
             hath
             one
             proper
             Court
             wherein
             are
             the
             Chief
             Judges
             ,
             which
             both
             by
             his
             own
             Testimony
             ,
             and
             
             Briton's
             also
             ,
             
             did
             hear
             and
             determine
             Causes
             of
             all
             sorts
             ;
             yet
             is
             it
             true
             also
             ,
             that
             it
             was
             by
             Appeal
             ,
             or
             
               Writ
               of
               Errour
            
             ,
             as
             in
             case
             of
             false
             Judgment
             ;
             and
             that
             the
             King
             had
             
               plures
               curias
            
             ,
             
             which
             doubtless
             had
             their
             proper
             work
             .
             And
             in
             the
             time
             of
             Henry
             the
             second
             ,
             it
             is
             clear
             that
             six
             were
             especially
             assigned
             for
             the
             Common-pleas
             throughout
             the
             whole
             Realm
             ;
             and
             yet
             by
             another
             especial
             Commission
             ,
             or
             Letters-Patents
             ,
             the
             same
             men
             might
             also
             have
             power
             to
             determine
             matters
             of
             the
             Crown
             ,
             as
             at
             this
             day
             ,
             in
             their
             several
             Circuits
             .
             This
             Law
             therefore
             doth
             not
             ,
             as
             I
             conceive
             ,
             work
             any
             alteration
             ,
             but
             onely
             in
             this
             ,
             that
             whereas
             formerly
             the
             Judges
             of
             Common-pleas
             attended
             on
             the
             King's
             Court
             continually
             ,
             as
             all
             other
             Judges
             did
             ;
             and
             whither
             the
             King
             removed
             ,
             they
             did
             the
             like
             ,
             which
             was
             a
             great
             uncertainty
             and
             grievance
             unto
             the
             Commons
             ;
             henceforth
             they
             are
             fixed
             to
             a
             certain
             place
             .
          
           
             Assize
             of
             
               Novel
               Disseisin
            
             and
             Mortdancester
             shall
             be
             determined
             in
             the
             proper
             County
             onely
             ,
             
             and
             by
             the
             Justices
             itinerant
             sent
             by
             the
             King
             or
             his
             Chief
             Justices
             .
          
           
             The
             Law
             was
             so
             declared
             in
             Henry
             the
             second
             's
             time
             ,
             and
             was
             questionless
             put
             in
             practice
             ,
             so
             far
             forth
             as
             with
             convenience
             to
             the
             Judges
             might
             be
             ;
             but
             now
             the
             convenience
             of
             the
             people
             is
             preferred
             ,
             and
             they
             must
             not
             be
             brought
             up
             to
             the
             
               King's
               Court
            
             ,
             but
             the
             Justices
             must
             come
             down
             to
             them
             .
             And
             yet
             in
             case
             of
             difficulty
             ,
             the
             Bench
             ,
             where
             the
             Common-pleas
             are
             holden
             ,
             must
             determine
             the
             matter
             ;
             and
             where
             the
             time
             in
             the
             Iter
             in
             one
             County
             is
             too
             scant
             ,
             the
             Remanets
             shall
             be
             adjourned
             over
             to
             be
             tryed
             elsewhere
             in
             that
             Circuit
             :
             
             which
             sheweth
             that
             the
             Judges
             itinerant
             had
             their
             time
             proportioned
             out
             to
             every
             County
             .
             These
             Tryals
             also
             were
             so
             favoured
             ,
             as
             in
             the
             then
             holy
             times
             of
             Advent
             ,
             and
             Septuagessima
             or
             Lent
             ,
             they
             might
             be
             tried
             ;
             which
             although
             it
             was
             gained
             by
             Prayer
             made
             by
             the
             King
             to
             the
             Bishops
             ,
             as
             the
             words
             of
             that
             Law
             are
             concluded
             ,
             yet
             it
             shews
             that
             the
             Parliament
             had
             so
             much
             light
             as
             to
             hold
             the
             time
             not
             
               inherently
               holy
            
             ,
             but
             meerly
             sequestred
             by
             the
             Will
             of
             the
             Clergie
             .
             The
             Plaintiffs
             also
             in
             Mortdancester
             may
             be
             divers
             ,
             
             if
             there
             be
             divers
             Heirs
             of
             one
             Ancestor
             by
             one
             Title
             .
             And
             if
             there
             be
             joynt-Tenants
             ,
             and
             the
             Writ
             be
             against
             but
             one
             ,
             
             and
             the
             same
             pleaded
             ,
             the
             Writ
             shall
             abate
             ;
             but
             if
             joynt-Tenancy
             be
             pleaded
             ,
             and
             the
             Plea
             be
             false
             ,
             the
             Defendant
             shall
             be
             fined
             and
             imprisoned
             .
             And
             if
             in
             the
             Action
             the
             Verdict
             be
             for
             the
             Plaintiff
             ,
             he
             shall
             recover
             Damages
             .
          
           
             Darrein
             presentment
             shall
             be
             taken
             onely
             in
             the
             common
             Bank.
             
             
          
           
             Tryals
             in
             the
             
               common
               Bank
            
             ,
             or
             other
             Courts
             at
             Westminster
             ,
             have
             ever
             had
             an
             honourable
             esteem
             above
             those
             in
             the
             County
             by
             
               Nisi
               prius
            
             ,
             although
             all
             be
             equally
             available
             .
             This
             might
             be
             one
             cause
             why
             the
             Titles
             of
             Churches
             were
             still
             retained
             at
             the
             
               common
               Bank
            
             ,
             whenas
             all
             other
             rode
             Circuit
             ;
             for
             that
             Churches
             affairs
             in
             those
             times
             were
             of
             high
             regard
             .
             Speed
             of
             Tryal
             also
             was
             not
             little
             regarded
             herein
             ;
             for
             Justices
             by
             
               Nisi
               prius
            
             properly
             were
             but
             for
             enquiry
             ,
             till
             the
             Statute
             at
             Westm
             ,
             the
             second
             made
             them
             of
             Oyer
             and
             Terminer
             in
             the
             cases
             of
             
               Quare
               Impedit
            
             ,
             
             and
             
               Darrein
               presentment
            
             ,
             and
             gave
             them
             power
             to
             give
             Judgment
             .
             And
             thus
             the
             Commons
             gained
             still
             in
             point
             of
             conveniency
             .
          
           
             Free-men
             shall
             be
             amerced
             according
             to
             the
             degree
             of
             the
             fault
             ,
             
             
             saving
             to
             them
             their
             Free-hold
             ,
             and
             to
             Merchants
             their
             main
             Stock
             ,
             and
             to
             Villains
             their
             Waynage
             ;
             and
             Clergie-men
             shall
             be
             amerced
             according
             to
             their
             Lay-fee
             .
             Barons
             shall
             be
             amerced
             by
             their
             Peers
             ,
             others
             by
             the
             Vicinage
             .
          
           
             In
             this
             ,
             regard
             is
             to
             be
             had
             first
             of
             the
             persons
             that
             are
             to
             be
             amerced
             ,
             then
             of
             the
             parties
             by
             whom
             ,
             and
             lastly
             ,
             of
             the
             nature
             and
             quantity
             of
             Amercements
             .
             The
             persons
             amerced
             are
             ranked
             into
             four
             Classes
             ;
             
               Barons
               ,
               Clergie
               ,
               Free-men
            
             ,
             and
             Villains
             .
             But
             in
             regard
             of
             the
             parties
             by
             whom
             they
             are
             to
             be
             amerced
             ,
             they
             are
             but
             two
             ;
             Barons
             ,
             and
             Free-men
             ;
             for
             the
             
               Clergie
               ,
               Villains
            
             ,
             and
             Free-men
             ,
             are
             to
             be
             amerced
             by
             the
             Free-men
             of
             the
             Neighbourhood
             .
             In
             what
             Courts
             these
             Amercements
             shall
             be
             ,
             the
             Stat.
             Marlbr
             .
             
             tells
             us
             ,
             not
             before
             the
             Escheator
             ,
             nor
             other
             that
             make
             enquiry
             by
             Commission
             or
             Writ
             ,
             nor
             before
             the
             Justices
             of
             Assize
             ,
             or
             Oyer
             and
             Terminer
             ,
             but
             onely
             before
             the
             Chief
             Justices
             ,
             or
             Justices
             itinerant
             .
             The
             Statute
             of
             Westminster
             adds
             a
             fifth
             Classis
             of
             Cities
             and
             Towns
             ,
             
             by
             express
             words
             ;
             which
             seems
             not
             so
             necessary
             ,
             unless
             in
             pillaging
             and
             oppressing
             times
             :
             for
             they
             were
             taken
             to
             be
             within
             the
             Statute
             of
             
               Magna
               Charta
            
             ,
             
             though
             not
             therein
             named
             .
             The
             rule
             of
             the
             quantity
             of
             Amercements
             is
             now
             set
             down
             in
             general
             ,
             and
             left
             to
             the
             discretion
             of
             the
             Peers
             or
             Vicinage
             ,
             which
             formerly
             by
             the
             Saxons
             were
             specially
             set
             down
             in
             the
             Law.
             The
             rule
             in
             general
             is
             with
             a
             
               ne
               plus
               ultra
            
             ,
             viz.
             not
             
               further
               or
               more
               than
               that
               the
               party
               amerced
               may
               spare
               ,
               and
               yet
               hold
               on
               in
               the
               maintenance
               of
               his
               course
               ,
               according
               to
               his
               degree
               .
            
             And
             it
             must
             be
             also
             according
             to
             the
             quantity
             of
             the
             offence
             ;
             for
             the
             greatest
             Amercements
             must
             not
             be
             ranked
             with
             the
             least
             offences
             :
             so
             as
             in
             every
             degree
             the
             main
             sustenance
             of
             the
             party
             is
             saved
             ;
             yea
             ,
             the
             Villains
             (
             however
             mean
             they
             be
             )
             they
             must
             have
             their
             maintenance
             .
             And
             this
             sheweth
             that
             Villains
             had
             a
             maintenance
             ,
             which
             was
             under
             the
             protection
             of
             the
             Law
             ,
             and
             not
             under
             the
             gripe
             of
             their
             Lords
             to
             all
             intents
             ,
             unless
             they
             were
             the
             
               Kings
               Villains
            
             ,
             who
             it
             seemeth
             were
             meerly
             under
             the
             Kings
             mercy
             ,
             as
             being
             both
             their
             Lord
             and
             King
             ,
             against
             whom
             they
             could
             hold
             nothing
             as
             properly
             their
             own
             .
             And
             therefore
             in
             all
             other
             cases
             ,
             even
             then
             the
             Villains
             were
             born
             under
             a
             kind
             of
             liberty
             ,
             as
             in
             the
             Saxons
             time
             formerly
             hath
             been
             declared
             ;
             which
             the
             Law
             protected
             against
             their
             own
             Lords
             .
          
           
             No
             man
             shall
             be
             compelled
             to
             make
             ,
             repair
             ,
             or
             maintain
             any
             Bridges
             ,
             
             Banks
             ,
             or
             Causies
             ,
             other
             or
             otherwise
             ,
             than
             they
             were
             wont
             to
             be
             made
             ,
             repaired
             ,
             or
             maintained
             in
             the
             time
             of
             Henry
             the
             second
             .
          
           
             The
             limitation
             to
             the
             times
             of
             Henry
             the
             second
             ,
             sheweth
             that
             his
             Justice
             was
             such
             as
             maintained
             the
             common
             rights
             of
             men
             ;
             but
             in
             the
             times
             of
             Richard
             the
             first
             ,
             
             and
             more
             especially
             of
             King
             John
             ,
             those
             Rivers
             ,
             Waters
             ,
             and
             Fishings
             formerly
             used
             in
             common
             ,
             were
             encroached
             upon
             ,
             enclosed
             ,
             and
             appropriated
             to
             particular
             mens
             uses
             ;
             which
             occasioned
             many
             Bridges
             ,
             Banks
             ,
             and
             Causies
             to
             be
             made
             and
             repaired
             ,
             to
             the
             great
             charge
             of
             private
             men
             :
             all
             which
             are
             discharged
             by
             this
             Law.
             
          
           
             No
             Sheriff
             ,
             
             Constable
             ,
             Coroner
             ,
             or
             other
             Bayliff
             ,
             shall
             hold
             any
             Pleas
             of
             the
             Crown
             .
          
           
           
             Escheators
             are
             also
             expressed
             in
             the
             old
             books
             of
             
               Magna
               Charta
            
             ,
             and
             the
             Abridgements
             ,
             however
             it
             seemeth
             that
             it
             is
             within
             the
             intent
             of
             the
             Law
             ,
             which
             was
             made
             to
             avoid
             the
             extraordinary
             oppression
             that
             these
             Officers
             exercised
             upon
             the
             people
             .
             For
             Escheators
             ,
             under
             colour
             of
             inquiry
             of
             Estates
             of
             men
             ,
             would
             enquire
             of
             matters
             concerning
             the
             lives
             of
             men
             ;
             and
             Sheriffs
             that
             had
             power
             of
             Tryals
             in
             cases
             of
             Theft
             ,
             
             as
             hath
             been
             already
             shewn
             ,
             abused
             the
             same
             for
             their
             own
             benefit
             ,
             because
             in
             such
             cases
             they
             had
             the
             forfeitures
             .
             This
             Law
             therefore
             takes
             away
             such
             occasions
             ,
             viz.
             from
             the
             Sheriffs
             and
             Coroners
             ,
             and
             Bayliffs
             or
             Justices
             (
             other
             than
             by
             express
             commission
             thereto
             assigned
             )
             all
             power
             to
             hold
             Pleas
             of
             the
             Crown
             by
             tryal
             ,
             leaving
             unto
             them
             nevertheless
             ,
             power
             of
             enquiry
             ,
             of
             which
             anciently
             they
             had
             the
             right
             .
          
           
             If
             the
             Kings
             Tenant
             dieth
             supposed
             in
             arrear
             ,
             
             an
             Inventory
             shall
             be
             made
             of
             his
             Stock
             by
             honest
             men
             ,
             but
             it
             shall
             not
             be
             removed
             till
             Accounts
             be
             cleared
             ;
             and
             the
             overplus
             shall
             go
             to
             the
             Executors
             ,
             saving
             to
             the
             Wife
             and
             Children
             their
             reasonable
             part
             .
          
           
             The
             first
             clause
             hereof
             was
             a
             Law
             in
             Henry
             the
             first
             's
             time
             ,
             and
             a
             customary
             Law
             in
             Henry
             the
             second
             's
             time
             ,
             
             being
             a
             remedy
             against
             an
             old
             Norman
             Riot
             of
             the
             Lord's
             seizure
             of
             the
             whole
             personal
             Estate
             of
             the
             party
             deceased
             ,
             under
             colour
             of
             a
             Law.
             The
             second
             part
             concerning
             the
             overplus
             ,
             hath
             this
             additional
             subjoyned
             in
             the
             Charter
             of
             King
             
               John
               :
               If
               any
               Free
               man
               die
               intestate
               ,
               his
               Chattels
               shall
               be
               divided
               by
               his
               Parents
               and
               his
               Friends
               in
               the
               presence
               of
               the
               Church
               ,
               saving
               to
               every
               one
               their
               proper
               debts
               .
            
             And
             thus
             since
             the
             Conquest
             ,
             the
             Church-men
             encroached
             by
             degrees
             unto
             a
             great
             power
             in
             matters
             Testamentary
             ;
             I
             say
             by
             degrees
             :
             for
             as
             yet
             by
             this
             Law
             it
             appeareth
             ,
             that
             they
             were
             but
             Overseers
             or
             Eye-witnesses
             ;
             for
             as
             yet
             right
             of
             ordering
             or
             disposing
             they
             had
             none
             ,
             as
             may
             appear
             in
             that
             case
             of
             a
             Bastard
             dying
             without
             Issue
             and
             intestate
             ,
             
             the
             Lord
             shall
             have
             his
             personal
             Estate
             :
             And
             in
             all
             cases
             the
             Executor
             had
             then
             nothing
             but
             bare
             Assets
             ,
             and
             the
             overplus
             was
             assigned
             between
             the
             Wife
             and
             Children
             ,
             according
             to
             their
             reasonable
             part
             .
             Or
             if
             the
             party
             died
             intestate
             ,
             the
             next
             friends
             did
             administer
             ,
             paying
             the
             Debts
             ,
             and
             making
             Dividend
             of
             the
             overplus
             into
             the
             
               reasonable
               parts
            
             ;
             according
             to
             the
             ancient
             Saxon
             custom
             still
             continued
             .
             
             Nor
             doth
             the
             testimony
             cited
             out
             of
             Bracton
             ,
             prove
             any
             other
             than
             that
             the
             Ancestor
             hath
             free
             power
             to
             order
             his
             Estate
             as
             he
             pleaseth
             ,
             and
             that
             the
             Children
             shall
             have
             no
             more
             than
             is
             left
             unto
             them
             by
             their
             Ancestor
             ,
             either
             in
             his
             Will
             ,
             or
             in
             case
             of
             dying
             intestate
             ,
             by
             the
             custom
             or
             Law
             ,
             which
             is
             ,
             and
             ever
             ,
             was
             the
             
               rationabilis
               pars
            
             .
          
           
             No
             purveyance
             for
             any
             Castle
             out
             of
             the
             same
             Town
             where
             the
             Castle
             is
             ,
             
             but
             present
             satisfaction
             must
             be
             made
             :
             and
             if
             in
             the
             same
             Town
             ,
             satisfaction
             must
             be
             made
             within
             forty
             days
             .
          
           
             Purveyance
             was
             ancient
             provision
             for
             the
             necessities
             of
             the
             publick
             ,
             and
             so
             far
             was
             commendable
             ,
             seeing
             it
             is
             not
             the
             common
             case
             of
             all
             men
             to
             regard
             the
             publick
             above
             their
             own
             private
             interest
             ;
             therefore
             the
             publick
             must
             provide
             for
             it self
             ,
             by
             their
             means
             in
             whom
             the
             publick
             is
             most
             concerned
             .
             And
             this
             was
             in
             those
             elder
             times
             ,
             but
             in
             two
             cases
             ;
             viz.
             of
             Kings
             and
             Castles
             ;
             in
             the
             one
             of
             which
             the
             Government
             is
             principally
             concerned
             ,
             in
             the
             other
             the
             publick
             defence
             .
             For
             it
             may
             
             be
             well
             conjectured
             ,
             that
             Castles
             were
             either
             first
             made
             in
             places
             commodious
             for
             habitation
             ,
             and
             great
             Towns
             gathered
             to
             them
             for
             their
             better
             safety
             ;
             or
             that
             the
             Towns
             were
             first
             gathered
             in
             places
             of
             commodious
             habitation
             ,
             and
             then
             Castles
             were
             made
             for
             their
             better
             defence
             .
             Or
             if
             they
             were
             imposed
             upon
             them
             by
             the
             Victor
             to
             keep
             them
             in
             awe
             ,
             they
             were
             nevertheless
             by
             continuance
             together
             become
             tractable
             ,
             and
             conspired
             for
             the
             mutual
             defence
             of
             each
             other
             .
             But
             as
             touching
             such
             Cittadels
             or
             Castles
             that
             were
             set
             in
             solitary
             places
             ,
             they
             may
             seem
             rather
             first
             intended
             for
             the
             particular
             defence
             of
             some
             particular
             Man
             and
             his
             Family
             ,
             and
             neighbouring
             Tenants
             ;
             and
             therefore
             in
             the
             purveyance
             for
             Castles
             ,
             it
             seems
             the
             proper
             Town
             wherein
             it
             is
             ,
             principally
             liable
             to
             that
             duty
             ,
             because
             their
             safety
             is
             more
             principally
             interested
             :
             and
             therefore
             Prizes
             there
             taken
             ,
             may
             be
             paid
             at
             a
             day
             to
             come
             ;
             but
             in
             all
             other
             places
             immediately
             .
             Nevertheless
             this
             lasted
             not
             long
             ;
             for
             the
             Souldiers
             found
             out
             a
             trick
             of
             favouring
             their
             own
             Quarters
             ,
             and
             preserving
             them
             in
             heart
             against
             a
             back
             Winter
             ,
             knowing
             that
             at
             such
             times
             it
             is
             better
             to
             seek
             for
             provision
             nigh
             ,
             than
             to
             be
             compelled
             to
             seek
             far
             off
             .
             But
             this
             Stratagem
             was
             cut
             off
             by
             the
             next
             King
             ,
             who
             inhibited
             all
             manner
             of
             purveyance
             in
             any
             other
             Town
             ,
             
             than
             in
             the
             same
             Town
             wherein
             the
             Castle
             is
             seated
             .
             This
             was
             a
             charge
             that
             was
             but
             Temporary
             and
             occasional
             :
             That
             which
             was
             more
             lasting
             and
             burthensome
             upon
             the
             Subjects
             ,
             was
             purveyance
             for
             the
             King
             ;
             which
             nevertheless
             cannot
             be
             avoided
             ,
             by
             reason
             of
             the
             greatness
             of
             his
             Retinue
             ,
             especially
             in
             those
             days
             ;
             and
             if
             they
             should
             have
             their
             resort
             to
             the
             Market
             ,
             the
             same
             could
             not
             be
             free
             to
             the
             people
             ,
             for
             that
             the
             first
             service
             must
             be
             for
             the
             Kings
             Houshold
             ,
             and
             so
             what
             scraps
             will
             be
             left
             for
             the
             Commons
             ,
             
             no
             man
             can
             tell
             .
             It
             was
             therefore
             necessary
             for
             the
             Kings
             Family
             ,
             to
             be
             maintained
             by
             purveyance
             ;
             and
             to
             avoid
             the
             many
             inconveniencies
             which
             might
             and
             did
             arise
             in
             those
             spoiling
             times
             ,
             It
             was
             ordained
             ,
             1.
             
             
               That
               it
               should
               be
               Felony
               for
               any
               Purveyor
               to
               purvey
               without
               Warrant
               .
            
             2.
             
             
               That
               none
               but
               the
               Kings
               Purveyor
               must
               purvey
               for
               the
               Kings
               house
               ,
               and
               that
               he
               must
               purvey
               onely
               for
               the
               Kings
               house
               ;
               and
               to
               purvey
               no
               more
               than
               is
               necessary
               ;
               and
               to
               pay
               for
               the
               things
               they
               take
               .
            
             And
             because
             Kings
             were
             oftentimes
             necessitated
             for
             removal
             from
             place
             to
             place
             ,
             purveyance
             of
             carriage
             was
             also
             allowed
             :
             
             And
             in
             case
             the
             Subjects
             were
             grieved
             ,
             either
             by
             more
             purveyance
             than
             was
             necessary
             ,
             or
             by
             non-payment
             for
             the
             Commodities
             so
             taken
             ,
             or
             with
             composition
             for
             the
             Kings
             debts
             ;
             for
             such
             purveyance
             the
             Offenders
             were
             liable
             to
             fine
             and
             imprisonment
             .
             
             Or
             if
             they
             were
             grieved
             by
             Purveyors
             without
             Warrant
             ,
             the
             Offender
             was
             to
             be
             proceeded
             against
             as
             in
             case
             of
             Felony
             .
          
           
             He
             that
             serveth
             in
             Castle-guard
             ,
             
             is
             not
             liable
             to
             payment
             of
             Rent
             for
             that
             service
             ;
             nor
             is
             be
             compellable
             to
             either
             ,
             so
             long
             as
             be
             is
             in
             the
             service
             in
             the
             Army
             .
          
           
             By
             the
             ancient
             custom
             none
             but
             a
             Knight
             might
             be
             charged
             with
             the
             guard
             of
             a
             Castle
             belonging
             to
             the
             King
             ,
             for
             the
             letter
             of
             this
             Law
             mentioneth
             onely
             such
             ;
             and
             therefore
             to
             hold
             by
             Castle-guard
             ,
             is
             a
             Tenure
             in
             Knight-service
             .
             And
             it
             seemeth
             that
             Rent
             for
             Castle-guard
             originally
             was
             consistent
             with
             Knight-service
             ,
             and
             that
             it
             was
             not
             annual
             ,
             but
             promiscuously
             Knights
             might
             either
             perform
             the
             service
             ,
             or
             pay
             Rent
             in
             lieu
             thereof
             ;
             and
             upon
             occasion
             did
             neither
             ,
             if
             the
             King
             sent
             them
             into
             the
             field
             .
             And
             lastly
             ,
             that
             a
             Knight
             might
             either
             do
             the
             service
             in
             his
             own
             person
             ,
             or
             by
             his
             Esquire
             ,
             or
             another
             appointed
             by
             him
             thereto
             .
          
           
           
             No
             Knights
             ,
             nor
             Lords
             ,
             nor
             Church-mens
             Carriages
             ,
             nor
             no
             mans
             Wood
             shall
             be
             taken
             against
             the
             Owners
             consent
             ;
             nor
             shall
             any
             mans
             Carriages
             be
             taken
             ,
             
             if
             he
             will
             pay
             the
             Hire
             limited
             by
             the
             Law.
             
          
           
             Church-men
             were
             exempted
             from
             charge
             to
             the
             Kings
             Carriages
             ,
             meerly
             in
             favour
             to
             the
             Canon
             ,
             which
             exempted
             the
             Goods
             of
             the
             Clergy
             from
             such
             Lay-service
             ;
             nevertheless
             the
             complaints
             of
             the
             Clergie
             formerly
             mentioned
             ,
             shew
             that
             this
             was
             not
             duly
             observed
             .
             Knights
             and
             Lords
             were
             discharged
             not
             onely
             for
             the
             maintenance
             of
             their
             Port
             ,
             but
             more
             principally
             because
             they
             were
             publick
             servants
             for
             the
             defence
             of
             the
             Kingdom
             in
             time
             of
             War
             :
             and
             the
             Kingdom
             was
             then
             equally
             served
             by
             themselves
             and
             their
             equipage
             ,
             and
             their
             carriages
             ,
             as
             a
             necessary
             assistant
             thereunto
             .
          
           
             The
             King
             shall
             have
             no
             more
             profit
             of
             Felons
             Lands
             than
             the
             year
             and
             a
             day
             ,
             
             and
             the
             Lord
             is
             to
             have
             the
             remainder
             .
          
           
             Anciently
             the
             Lords
             had
             all
             the
             Estate
             of
             Felons
             ,
             being
             their
             Tenants
             ,
             and
             the
             King
             had
             onely
             a
             
               Prerogative
               to
               waste
               them
            
             ,
             
             as
             a
             penalty
             ,
             or
             part
             thereof
             ;
             but
             afterwards
             the
             Lords
             by
             agreement
             yielded
             unto
             the
             King
             the
             
               year
               and
               a
               days
            
             profit
             ,
             to
             save
             the
             Lands
             from
             spoil
             :
             and
             in
             continuance
             of
             time
             the
             King
             had
             both
             
               the
               year
               and
               day
               ,
               and
               waste
               .
            
             
             Fugitives
             also
             were
             in
             the
             same
             case
             ,
             viz.
             
             such
             as
             deserted
             their
             Country
             either
             in
             time
             of
             need
             ,
             or
             such
             as
             fled
             from
             the
             Tryal
             of
             Law
             in
             criminal
             cases
             :
             for
             in
             both
             cases
             the
             Saxons
             accounted
             them
             as
             common
             Felons
             .
             Nevertheless
             the
             two
             customs
             of
             Gloucester
             and
             Kent
             are
             saved
             out
             of
             this
             Law
             by
             the
             Statute
             ;
             the
             first
             whereof
             saves
             the
             Land
             to
             the
             Heir
             from
             the
             Lord
             ,
             and
             the
             second
             saves
             the
             same
             to
             the
             Heirs
             Males
             ,
             or
             for
             want
             of
             such
             ,
             to
             the
             Heirs
             Females
             ;
             and
             to
             the
             Wife
             her
             moity
             until
             she
             be
             espoused
             to
             another
             man
             ,
             
             unless
             she
             shall
             forfeit
             the
             same
             by
             fornication
             during
             her
             Widow-hood
             .
             And
             by
             the
             same
             Law
             also
             the
             King
             had
             all
             Escheats
             of
             the
             Tenants
             of
             Archbishops
             ,
             and
             Bishops
             ,
             during
             the
             vacancy
             ,
             as
             a
             perquisite
             .
             But
             Escheats
             of
             Land
             and
             Tenement
             in
             Cities
             or
             Burroughs
             ,
             the
             King
             had
             them
             in
             
               jure
               coronae
            
             ,
             of
             whomsoever
             they
             were
             holden
             .
          
           
             All
             Wears
             shall
             be
             destroyed
             ,
             
             but
             such
             as
             are
             by
             the
             Sea-coast
             .
          
           
             The
             Lieutenant
             of
             the
             Tower
             of
             London
             ,
             as
             it
             seemed
             ,
             claimed
             a
             Lordship
             in
             the
             Thames
             ,
             and
             by
             vertue
             thereof
             had
             all
             the
             Wears
             to
             his
             own
             use
             ,
             as
             appeareth
             by
             a
             Charter
             made
             to
             the
             City
             of
             London
             ,
             recited
             in
             the
             second
             Institutes
             upon
             this
             Law
             ;
             and
             this
             was
             to
             the
             detriment
             of
             the
             Free-men
             ,
             especially
             of
             the
             City
             of
             London
             ,
             in
             regard
             that
             all
             Free-men
             were
             to
             have
             right
             of
             free
             passage
             through
             Rivers
             ,
             as
             well
             as
             through
             Highways
             ;
             and
             purprestures
             in
             either
             were
             equally
             noxious
             to
             the
             common
             liberty
             .
             And
             therefore
             that
             which
             is
             set
             down
             under
             the
             example
             or
             instance
             of
             the
             Rivers
             of
             Thames
             and
             Medway
             ,
             contained
             all
             the
             Rivers
             in
             England
             ;
             albeit
             that
             other
             parts
             of
             the
             Kingdom
             had
             not
             the
             like
             present
             regard
             as
             the
             City
             of
             London
             had
             .
          
           
             The
             Writ
             of
             
               precipe
               in
               capite
            
             shall
             not
             be
             granted
             of
             any
             Freehold
             ,
             
             whereby
             a
             man
             may
             be
             in
             danger
             of
             losing
             his
             Court
             thereby
             .
          
           
           
             It
             seemeth
             that
             it
             was
             one
             of
             the
             oppressions
             in
             those
             times
             ,
             that
             if
             a
             Suit
             were
             commenced
             in
             the
             inferiour
             or
             Lords
             Court
             ,
             concerning
             a
             Freehold
             ,
             a
             Writ
             of
             
               precipe
               in
               capite
            
             might
             be
             had
             ,
             upon
             a
             Surmise
             that
             the
             Freehold
             was
             holden
             in
             capite
             ;
             which
             might
             prove
             an
             absolute
             destruction
             to
             the
             inferiour
             Court
             ,
             and
             was
             the
             spoil
             of
             the
             Demandants
             case
             :
             and
             therefore
             I
             think
             the
             Charter
             of
             King
             John
             ,
             instead
             of
             the
             word
             Court
             ,
             hath
             the
             word
             Cause
             .
          
           
             There
             shall
             be
             but
             one
             known
             Weight
             and
             Measure
             ,
             
             and
             one
             breadth
             of
             Cloaths
             ,
             throughout
             the
             Realm
             of
             England
             .
          
           
             This
             Law
             of
             Weights
             and
             Measures
             was
             anciently
             established
             amongst
             the
             Saxons
             ,
             
             as
             formerly
             hath
             been
             shewed
             ,
             and
             continued
             in
             the
             Normans
             times
             ,
             and
             confirmed
             by
             Richard
             the
             first
             and
             King
             John.
             And
             as
             touching
             the
             
               measure
               of
               the
               breadth
               of
               Cloaths
               ,
            
             although
             it
             might
             seem
             to
             abridge
             the
             liberty
             of
             particular
             persons
             ,
             yet
             because
             it
             was
             prejudicial
             to
             the
             common
             Trade
             of
             the
             Kingdom
             ,
             it
             was
             setled
             in
             this
             manner
             to
             avoid
             deceit
             ,
             and
             to
             establish
             a
             known
             price
             of
             Cloaths
             .
             And
             it
             seemeth
             that
             Wine
             was
             ordinarily
             made
             in
             England
             as
             well
             as
             Ale
             ;
             otherwise
             the
             Measures
             of
             Wine
             could
             not
             have
             been
             established
             by
             a
             Law
             in
             England
             ,
             if
             they
             had
             been
             altogether
             made
             in
             other
             Countries
             .
          
           
             Inquisition
             of
             Life
             and
             Member
             shall
             be
             readily
             granted
             without
             Fees.
             
             
          
           
             This
             was
             a
             Law
             of
             latter
             original
             ,
             made
             to
             take
             away
             a
             Norman
             oppression
             ;
             for
             by
             the
             Saxon
             Law
             ,
             as
             hath
             been
             already
             noted
             ,
             
               No
               man
               was
               imprisoned
               for
               Crime
               (
               not
               bailable
               )
               beyond
               the
               next
               County-court
               or
               Sheriff's
               Torn
               :
            
             but
             when
             those
             rural
             Courts
             began
             to
             lose
             their
             power
             ,
             and
             the
             Kings
             Courts
             to
             devour
             Tryals
             of
             that
             nature
             ,
             especially
             by
             the
             means
             of
             the
             Justices
             itinerant
             ,
             which
             were
             but
             rare
             ,
             and
             for
             divers
             years
             many
             times
             intermitted
             ;
             during
             all
             which
             time
             ,
             supposed
             Offenders
             must
             lie
             in
             Prison
             ;
             which
             was
             quite
             contrary
             to
             the
             liberty
             of
             the
             
               Free
               men
            
             amongst
             the
             Saxons
             :
             This
             occasioned
             a
             new
             device
             to
             save
             the
             common
             liberty
             by
             special
             Writs
             sued
             out
             by
             the
             party
             imprisoned
             or
             under
             bail
             ,
             supposing
             himself
             circumvented
             by
             hatred
             and
             malice
             ;
             and
             by
             the
             same
             directed
             to
             the
             Sheriff
             and
             others
             ,
             an
             Inquisition
             was
             taken
             ,
             and
             Tryal
             made
             of
             the
             Offence
             ,
             whether
             he
             deserved
             
               loss
               of
               Life
               or
               Member
            
             ;
             and
             if
             it
             were
             found
             for
             the
             supposed
             Offender
             ,
             he
             was
             bailed
             till
             the
             next
             coming
             of
             the
             Justices
             :
             and
             for
             this
             the
             Writ
             was
             called
             the
             
               Writ
               of
               inquisition
               of
               Life
               or
               Member
            
             ;
             and
             sometimes
             the
             Writ
             
               de
               odio
               &
               atia
            
             .
             But
             these
             Inquests
             were
             soon
             become
             degenerate
             ,
             and
             subject
             to
             much
             corruption
             ,
             and
             therefore
             as
             soon
             met
             with
             a
             countercheck
             from
             the
             Law
             :
             Or
             first
             rather
             a
             regulation
             ;
             
             for
             it
             was
             ordained
             ,
             that
             
               the
               Inquest
               should
               be
               chosen
               upon
               Oath
            
             ;
             and
             
               that
               two
               of
               the
               Inquest
               at
               least
               should
               be
               Knights
               ,
            
             and
             those
             
               not
               interessed
               in
               the
               Cause
            
             .
             
             But
             yet
             this
             could
             not
             rectifie
             the
             matter
             ;
             for
             it
             seemed
             so
             impossible
             to
             do
             Justice
             and
             shew
             Mercy
             this
             way
             ,
             that
             the
             Writ
             is
             at
             length
             taken
             away
             ,
             and
             men
             left
             to
             their
             lot
             till
             the
             coming
             of
             Justices
             itinerant
             .
             But
             this
             could
             not
             be
             endured
             above
             seven
             years
             ;
             
             for
             though
             the
             King
             be
             a
             brave
             Souldier
             ,
             and
             prosperous
             ,
             yet
             the
             people
             overcome
             him
             ,
             and
             recover
             their
             Writs
             
               de
               odio
               &
               atia
            
             again
             .
          
           
           
             Lords
             shall
             have
             the
             Wardships
             of
             their
             Tenants
             Heirs
             ,
             
             although
             they
             hold
             also
             of
             the
             King
             in
             
               Petit
               Serjeanty
            
             ,
             Socage
             ,
             Burgage
             ,
             or
             Fee-farm
             .
          
           
             Inferiour
             Lords
             had
             the
             same
             right
             of
             Wardships
             with
             the
             King
             for
             their
             Tenures
             in
             Knight-service
             ,
             although
             their
             Tenants
             did
             hold
             also
             of
             the
             King
             ;
             unless
             they
             held
             of
             him
             in
             Knight-service
             ,
             which
             was
             a
             service
             done
             by
             the
             Tenant's
             own
             person
             ,
             or
             by
             the
             person
             of
             his
             Esquire
             ,
             or
             other
             deputy
             in
             his
             stead
             .
             But
             as
             touching
             such
             service
             as
             was
             wont
             to
             be
             done
             to
             him
             by
             render
             ,
             or
             serving
             him
             with
             Arms
             ,
             or
             other
             utensils
             ;
             this
             was
             no
             Knight-service
             ,
             
             though
             such
             utensils
             concerned
             War
             ,
             but
             was
             called
             
               Petit
               Serjeanty
            
             ,
             as
             in
             the
             Law-books
             doth
             appear
             .
             Nevertheless
             Henry
             the
             Third
             had
             usurped
             Wardships
             in
             such
             cases
             also
             ,
             and
             the
             same
             amongst
             others
             occasioned
             the
             
               Barons
               Wars
            
             .
          
           
             No
             Judge
             shall
             compel
             a
             Free-man
             to
             confess
             matter
             against
             himself
             upon
             Oath
             ,
             
             without
             complaint
             first
             made
             against
             him
             .
             Nor
             shall
             receive
             any
             complaint
             without
             present
             proof
             .
          
           
             This
             Law
             in
             the
             Original
             is
             set
             down
             in
             another
             kind
             of
             phrase
             in
             the
             first
             part
             thereof
             ,
             which
             is
             obscure
             by
             reason
             thereof
             :
             in
             express
             words
             it
             is
             thus
             ;
             
               No
               Judge
               shall
               compel
               any
               man
               ad
               legem
               manifestam
            
             ;
             which
             implieth
             ,
             that
             the
             matter
             was
             otherwise
             obscure
             ,
             if
             the
             party
             that
             was
             complained
             of
             ,
             or
             suspected
             ,
             did
             not
             manifest
             the
             same
             by
             his
             own
             declaring
             of
             the
             truth
             ,
             or
             matter
             enquired
             after
             ;
             and
             therefore
             they
             used
             in
             such
             cases
             to
             put
             him
             to
             Oath
             ,
             and
             if
             he
             denied
             the
             matter
             ,
             or
             acquitted
             himself
             ,
             the
             Judge
             would
             sometimes
             discharge
             him
             ,
             or
             otherwise
             put
             him
             to
             his
             Compurgators
             ;
             and
             this
             was
             called
             
               lex
               manifesta
            
             ,
             or
             
               lex
               apparens
            
             .
             And
             it
             was
             a
             trick
             first
             brought
             in
             by
             the
             Clergie
             ,
             and
             the
             Temporal
             Judges
             imitated
             them
             therein
             ;
             and
             this
             became
             a
             snare
             and
             sore
             burthen
             to
             the
             Subjects
             .
             To
             avoid
             which
             ,
             they
             complain
             of
             this
             new
             kind
             of
             Trial
             ;
             and
             for
             remedy
             of
             this
             usurpation
             ,
             this
             Law
             reviveth
             and
             establisheth
             the
             onely
             and
             old
             way
             of
             Trial
             ;
             
             for
             Glanvil
             saith
             ,
             
               Ob
               infamiam
               non
               solet
               juxta
               legem
               terrae
               aliquis
               per
               legem
               apparentem
               se
               purgare
               ,
               nisi
               prius
               convictus
               fuerit
               vel
               confessus
               in
               curia
               :
            
             and
             therefore
             no
             man
             ought
             to
             be
             urged
             upon
             such
             difficulties
             ,
             unless
             by
             the
             express
             Law
             of
             the
             Land.
             The
             old
             way
             of
             Trial
             was
             ,
             first
             to
             bring
             in
             a
             Complaint
             ,
             and
             Witnesses
             ready
             to
             maintain
             the
             same
             ;
             and
             therefore
             both
             Appeals
             and
             Actions
             then
             used
             to
             conclude
             their
             pleas
             with
             the
             names
             of
             Witnesses
             subjoyned
             ,
             which
             at
             this
             day
             is
             implied
             in
             those
             general
             words
             ,
             in
             their
             conclusions
             ,
             
               Et
               inde
               producit
               sectam
               suam
            
             ;
             that
             is
             ,
             he
             brings
             his
             sect
             or
             suit
             ,
             
             or
             
               such
               as
               do
               follow
               or
               affirm
               his
               complaint
            
             ;
             as
             another
             part
             also
             is
             implied
             in
             those
             words
             ,
             
               Et
               hoc
               paratus
               est
               verificare
            
             .
             For
             if
             the
             Plaintiffs
             sect
             or
             suit
             of
             Witnesses
             did
             not
             fully
             prove
             the
             matter
             in
             fact
             ,
             the
             Defendant's
             Averment
             was
             made
             good
             by
             his
             own
             Oath
             ,
             and
             the
             
               Oaths
               of
               Twelve
               men
            
             ,
             and
             so
             the
             Trial
             was
             concluded
             .
          
           
             No
             Free-man
             shall
             be
             imprisoned
             or
             disseised
             of
             his
             Freehold
             or
             Liberties
             ,
             
             outlawed
             ,
             or
             banished
             ,
             or
             invaded
             ,
             but
             by
             the
             Law
             of
             the
             Land
             ,
             and
             judgement
             of
             his
             Peers
             .
             Nor
             shall
             Justice
             be
             sold
             ,
             delayed
             ,
             or
             denied
             .
          
           
           
             This
             is
             a
             comprehensive
             Law
             ,
             and
             made
             up
             of
             many
             Saxon
             Laws
             ;
             or
             rather
             an
             enforcement
             of
             all
             Laws
             ,
             and
             a
             remedy
             against
             oppression
             ,
             past
             ,
             present
             ,
             and
             to
             come
             .
             And
             concerneth
             first
             the
             person
             ,
             then
             his
             livelihood
             ;
             as
             touching
             the
             
               person
               ,
               his
               life
            
             ,
             and
             his
             liberty
             ;
             his
             life
             shall
             be
             under
             the
             protection
             of
             the
             Law
             ,
             and
             his
             liberty
             likewise
             ,
             so
             as
             he
             shall
             be
             shut
             into
             no
             place
             by
             Imprisonment
             ,
             nor
             out
             of
             any
             place
             by
             Banishment
             ;
             but
             shall
             have
             liberty
             of
             ingress
             and
             egress
             .
             His
             Estate
             both
             real
             and
             personal
             ,
             shall
             also
             be
             under
             the
             protection
             of
             the
             Law
             ;
             and
             the
             Law
             also
             shall
             be
             free
             ,
             neither
             denied
             nor
             delayed
             .
             I
             think
             it
             needless
             to
             shew
             how
             this
             was
             no
             new
             Law
             ,
             but
             a
             confirmation
             of
             the
             old
             ,
             and
             reparation
             added
             thereto
             ,
             being
             much
             impaired
             by
             stormy
             times
             ;
             for
             the
             sum
             of
             all
             the
             foregoing
             discourse
             tendeth
             thereto
             .
          
           
             Merchants
             shall
             have
             free
             and
             safe
             passage
             ,
             
             and
             trade
             without
             unjust
             Taxes
             ,
             as
             by
             ancient
             custome
             they
             ought
             .
             In
             time
             of
             War
             ,
             such
             as
             are
             of
             the
             Enemies
             Countries
             shall
             be
             secured
             till
             it
             appear
             how
             the
             English
             Merchants
             are
             used
             in
             their
             Countries
             .
          
           
             That
             this
             was
             an
             ancient
             Law
             ,
             the
             words
             thereof
             shew
             ,
             besides
             what
             may
             be
             observed
             out
             of
             the
             Laws
             of
             Aetheldred
             ,
             and
             other
             Saxon
             Laws
             .
             So
             as
             it
             appeareth
             ,
             that
             not
             onely
             the
             
               English
               Free-men
            
             and
             Natives
             had
             their
             liberties
             asserted
             by
             the
             Law
             ,
             but
             also
             Forreiners
             ,
             if
             Merchants
             ,
             had
             the
             like
             liberties
             for
             their
             persons
             and
             goods
             ,
             concerning
             Trade
             ,
             and
             maintenance
             of
             the
             same
             ;
             and
             were
             hereby
             enabled
             to
             enjoy
             their
             own
             under
             the
             protection
             of
             the
             Law
             ,
             as
             the
             Free-men
             had
             .
             And
             unto
             this
             Law
             the
             Charter
             of
             King
             John
             added
             this
             ensuing
             .
          
           
             It
             shall
             be
             lawful
             for
             every
             Freeman
             to
             pass
             freely
             to
             and
             from
             this
             Kingdom
             ,
             saving
             Fealty
             to
             the
             King
             ,
             unless
             in
             time
             of
             War
             ;
             and
             then
             also
             for
             a
             short
             space
             ,
             as
             may
             be
             for
             the
             common
             good
             ,
             excepting
             Prisoners
             ,
             Outlaws
             ,
             and
             those
             Country-men
             that
             are
             in
             enmity
             ,
             and
             Merchants
             ,
             who
             shall
             be
             dealt
             with
             as
             aforesaid
             .
          
           
             And
             it
             seemeth
             that
             this
             Law
             of
             
               free
               passage
            
             out
             of
             the
             Kingdom
             ,
             was
             not
             anciently
             fundamental
             ,
             but
             onely
             grounded
             upon
             
               reason
               of
               State
            
             ,
             although
             the
             Freemen
             have
             liberty
             of
             free
             passage
             within
             the
             Kingdom
             according
             to
             that
             original
             Law
             ,
             
               Sit
               pax
               publica
               per
               communes
               vias
            
             ;
             and
             for
             that
             cause
             ,
             as
             I
             suppose
             ,
             it
             was
             wholly
             omitted
             in
             the
             Charter
             of
             Henry
             the
             Third
             ;
             as
             was
             also
             another
             Law
             concerning
             the
             Jews
             ,
             which
             because
             it
             left
             an
             influence
             behind
             it
             ,
             (
             after
             the
             Jews
             were
             extinct
             in
             this
             Nation
             )
             and
             which
             continueth
             even
             unto
             this
             day
             ,
             I
             shall
             insert
             it
             in
             this
             short
             sum
             :
          
           
             After
             death
             of
             the
             Jew's
             debtor
             ,
             no
             usury
             shall
             be
             paid
             during
             the
             minority
             of
             the
             Heir
             ,
             though
             the
             debt
             shall
             come
             into
             the
             King's
             hand
             .
             And
             the
             debt
             shall
             be
             paid
             ,
             saving
             to
             the
             Wife
             her
             Dower
             and
             maintenance
             for
             the
             Children
             ,
             according
             to
             the
             quantity
             of
             the
             Debtors
             Land
             ,
             and
             saving
             the
             Lord's
             service
             ;
             and
             in
             like
             manner
             of
             debts
             to
             others
             .
          
           
             The
             whole
             doctrine
             of
             Vsury
             fell
             under
             the
             Title
             of
             Jews
             ;
             for
             it
             seemeth
             it
             was
             their
             Trade
             ,
             and
             their
             proper
             Trade
             hitherto
             .
             It
             was
             first
             
             that
             I
             met
             with
             ,
             
             forbidden
             at
             a
             
               Legatine
               Council
            
             nigh
             300
             years
             before
             the
             Normans
             times
             :
             but
             by
             the
             
             Confessor's
             Law
             it
             was
             made
             penal
             to
             Christians
             ,
             to
             the
             forfeiture
             of
             Estate
             ,
             and
             Banishment
             ;
             and
             therefore
             the
             Jews
             and
             all
             their
             substance
             were
             holden
             to
             be
             in
             nature
             of
             the
             
               King
               Villains
            
             ,
             as
             touching
             their
             Estate
             ;
             
             for
             they
             could
             get
             nothing
             ,
             but
             was
             at
             his
             mercy
             .
             And
             Kings
             did
             suffer
             them
             to
             continue
             this
             Trade
             for
             their
             own
             benefit
             ;
             yet
             they
             did
             regulate
             it
             as
             touching
             Infants
             ,
             as
             by
             this
             Law
             of
             King
             John
             ,
             
             and
             the
             Statute
             at
             Merton
             ,
             doth
             appear
             .
             But
             Henry
             the
             Third
             did
             not
             put
             it
             into
             his
             Charter
             ,
             as
             I
             think
             ,
             because
             it
             was
             no
             liberty
             of
             the
             Subjects
             ,
             
             but
             rather
             a
             prejudice
             thereto
             ;
             and
             therefore
             Edward
             the
             First
             wholly
             took
             it
             away
             by
             a
             Statute
             made
             in
             his
             time
             ,
             and
             thereby
             abolished
             the
             Jews
             .
          
           
             Tenants
             Lands
             ,
             
             holden
             of
             Lands
             escheated
             to
             the
             King
             ,
             shall
             hold
             by
             the
             same
             services
             as
             formerly
             .
          
           
             In
             all
             alienations
             of
             Lands
             ,
             
             sufficient
             shall
             be
             left
             for
             the
             Lords
             distress
             .
          
           
             Submitting
             to
             the
             judgement
             of
             the
             learned
             ,
             
             I
             conceive
             that
             as
             well
             in
             the
             Saxon
             times
             as
             until
             this
             Law
             ,
             any
             Tenant
             might
             alien
             onely
             part
             of
             his
             Lands
             ,
             and
             reserve
             the
             services
             to
             the
             alienor
             ,
             because
             he
             could
             not
             reserve
             service
             (
             upon
             such
             alienation
             )
             unto
             the
             
               Lord
               Paramount
            
             ,
             other
             than
             was
             formerly
             due
             to
             him
             ,
             without
             the
             Lord's
             consent
             ;
             and
             for
             the
             same
             reason
             could
             they
             not
             alien
             the
             whole
             Tenancy
             ,
             to
             bind
             the
             Lord
             without
             his
             express
             license
             ,
             saving
             the
             opinion
             in
             the
             book
             of
             Assizes
             ,
             because
             
               no
               Tenant
               could
               be
               enforced
               upon
               any
               Lord
               ,
            
             
             
               lest
               he
               might
               be
               his
               Enemy
               .
            
             Nevertheless
             ,
             it
             seemeth
             that
             
               de
               facto
            
             Tenants
             did
             usually
             alien
             their
             whole
             Tenancy
             ;
             and
             although
             they
             could
             not
             thereby
             bar
             the
             Lord's
             right
             ,
             yet
             because
             the
             Lord
             could
             not
             in
             such
             cases
             have
             the
             distress
             of
             his
             own
             Tenant
             ,
             this
             Law
             saved
             so
             much
             from
             alienation
             as
             might
             serve
             for
             security
             of
             the
             Lord's
             distress
             .
             But
             Tenants
             were
             not
             thus
             satisfied
             ;
             the
             Lords
             would
             not
             part
             with
             their
             Tenants
             ,
             although
             the
             Tenants
             necessity
             was
             never
             so
             urgent
             upon
             them
             to
             sell
             their
             Lands
             ;
             and
             therefore
             at
             length
             they
             prevailed
             by
             the
             Statute
             of
             
               Quia
               emptores
            
             to
             have
             power
             to
             sell
             all
             ,
             
             saving
             to
             the
             Lords
             their
             services
             formerly
             due
             :
             and
             thus
             the
             Lords
             were
             necessitated
             to
             grant
             Licenses
             of
             alienation
             to
             such
             as
             the
             Tenants
             could
             provide
             to
             buy
             their
             Lands
             .
             Nor
             was
             this
             so
             prejudicial
             to
             the
             Lords
             in
             those
             days
             ,
             when
             the
             publick
             quiet
             was
             setled
             ,
             as
             it
             would
             have
             been
             in
             former
             times
             of
             War
             ,
             whenas
             the
             Lord's
             right
             was
             maintained
             more
             by
             might
             ,
             and
             the
             aid
             of
             his
             Tenants
             ;
             than
             by
             Law
             ,
             which
             then
             was
             of
             little
             power
             .
          
           
             The
             35th
             Chapter
             I
             have
             formerly
             mentioned
             in
             the
             Chapter
             concerning
             the
             Clergy
             .
             
          
           
             No
             man
             shall
             be
             appealed
             by
             a
             Woman
             for
             the
             death
             of
             any
             but
             her
             own
             Husband
             .
             
          
           
             The
             
               right
               of
               Appeal
            
             is
             grounded
             upon
             the
             greatest
             interest
             .
             Now
             because
             the
             Wives
             interest
             seemeth
             wholly
             to
             be
             swallowed
             up
             in
             her
             Husband
             ,
             therefore
             she
             shall
             have
             an
             Appeal
             of
             the
             death
             of
             him
             onely
             ;
             and
             such
             also
             was
             the
             Law
             in
             
             Glanvil's
             time
             .
             How
             far
             this
             point
             of
             interest
             shall
             extend
             to
             the
             degrees
             of
             Consanguinity
             ,
             the
             Norman
             Law
             formerly
             
             hath
             shewn
             .
             And
             against
             whom
             Appeals
             did
             lie
             ,
             
             the
             Statute
             at
             Westminister
             tells
             us
             ,
             
               viz.
               not
               onely
               against
               the
               principal
               ,
               but
               also
               against
               accessories
            
             ;
             yet
             not
             against
             them
             till
             the
             principal
             be
             attainted
             .
             And
             because
             it
             was
             ordinary
             for
             men
             of
             nought
             to
             appeal
             others
             in
             a
             malicious
             way
             ,
             it
             was
             by
             another
             Law
             established
             ,
             
             that
             if
             the
             party
             appealed
             was
             acquitted
             ,
             the
             appealor
             should
             not
             onely
             render
             damages
             ,
             but
             be
             imprisoned
             for
             a
             year
             .
          
           
             The
             County-Court
             shall
             be
             holden
             at
             the
             wonted
             time
             .
             
          
           
             The
             Torn
             shall
             be
             holden
             at
             the
             accustomed
             place
             twice
             in
             the
             year
             ,
             viz.
             after
             Easter
             and
             Michaelmas
             .
          
           
             The
             view
             of
             Frank-pledges
             shall
             be
             holden
             at
             Michaelmas
             .
          
           
             The
             Sheriff
             shall
             not
             extort
             .
          
           
             The
             Sheriff's
             Courts
             had
             now
             lost
             somewhat
             of
             their
             Jurisdiction
             ,
             though
             for
             time
             and
             place
             they
             are
             confirmed
             
               statu
               quo
            
             ,
             to
             the
             end
             that
             through
             uncertainty
             thereof
             the
             suiter
             might
             not
             make
             defaults
             ,
             and
             be
             amerced
             .
             Yet
             they
             lost
             much
             of
             their
             respect
             within
             the
             compass
             of
             these
             few
             years
             by
             two
             Laws
             ;
             
             the
             one
             of
             which
             ,
             made
             at
             Merton
             ,
             allowed
             all
             suiters
             to
             the
             rural
             Courts
             to
             appear
             by
             Proxie
             or
             Atturney
             ,
             which
             it
             seemeth
             had
             power
             to
             vote
             for
             the
             Masters
             ,
             in
             all
             cases
             publick
             and
             private
             ;
             and
             did
             not
             onely
             themselves
             grow
             into
             parties
             and
             maintenance
             of
             Quarrels
             ,
             and
             so
             spoiled
             these
             Courts
             of
             their
             common
             Justice
             ,
             but
             rendred
             the
             Freemen
             ignorant
             and
             careless
             of
             the
             common
             good
             of
             the
             Country
             ,
             and
             given
             over
             to
             their
             own
             private
             interest
             .
             And
             though
             the
             corruption
             of
             Justice
             was
             soon
             felt
             ,
             and
             against
             it
             a
             Law
             was
             provided
             ,
             
               viz.
               That
               the
               Sheriff
               should
               not
               allow
               of
               such
               corrupt
               Attorneys
            
             ;
             
             yet
             this
             was
             no
             cure
             to
             the
             Freemen
             ,
             who
             were
             still
             suffered
             to
             wax
             wanton
             at
             home
             ,
             albeit
             that
             they
             were
             discharged
             from
             doing
             their
             suit
             in
             all
             other
             Hundreds
             but
             that
             wherein
             they
             dwell
             .
             
             The
             second
             Law
             that
             took
             away
             much
             honour
             from
             these
             Courts
             ,
             
             was
             that
             Law
             at
             Marlbridge
             ,
             that
             discharged
             the
             Baronage
             of
             England
             and
             the
             Clergie
             from
             their
             attendance
             at
             such
             service
             ;
             and
             this
             also
             opened
             the
             door
             wider
             to
             oppression
             .
             For
             where
             greatness
             is
             ,
             it
             carrieth
             therewith
             honour
             from
             the
             meaner
             sort
             ,
             and
             a
             kind
             of
             awe
             and
             stop
             unto
             the
             minds
             of
             such
             men
             that
             otherwise
             would
             riot
             without
             restraint
             :
             and
             though
             it
             might
             also
             be
             said
             ,
             that
             the
             pretence
             of
             great
             men
             in
             such
             Courts
             would
             oversway
             the
             meaner
             ,
             and
             make
             strong
             parties
             ;
             yet
             it
             must
             also
             be
             acknowledged
             ,
             that
             these
             parties
             being
             greater
             are
             the
             fewer
             ,
             and
             do
             not
             so
             generally
             corrupt
             all
             sorts
             ,
             as
             the
             corruption
             of
             the
             meaner
             sort
             do
             .
             It
             is
             said
             by
             the
             wise
             man
             ,
             
               Where
               the
               poor
               oppress
               the
               poor
               ,
               it
               is
               like
               a
               raging
               rain
               that
               leaves
               no
               food
               .
            
             The
             last
             branch
             in
             this
             Law
             is
             an
             inhibition
             to
             the
             Sheriff
             from
             extortion
             ;
             and
             surely
             there
             was
             great
             need
             ,
             and
             much
             more
             need
             than
             ever
             ,
             now
             that
             the
             Lords
             and
             Clergy
             are
             absent
             .
             It
             was
             thought
             that
             the
             great
             occasion
             of
             the
             Sheriff's
             oppression
             was
             from
             above
             ;
             I
             mean
             from
             the
             King
             ,
             that
             raised
             the
             values
             of
             the
             Farm
             of
             Counties
             granted
             to
             the
             Sheriffs
             ;
             
             for
             in
             those
             days
             Sheriffs
             gave
             no
             accounts
             ,
             as
             of
             later
             times
             they
             have
             done
             ;
             and
             therefore
             the
             Charter
             of
             King
             John
             ,
             between
             the
             17th
             and
             18th
             Chap.
             inserteth
             this
             Clause
             ,
             
               Omnes
               Comitat.
               &
               Hundred
               .
               Wapentag
               .
               &
               Trethingi
               sint
               ad
               antiquas
               firmas
               ,
               absque
               ullo
               incremento
               ,
               exceptis
               Dominicis
               Maneriis
               nostris
               .
            
             But
             this
             did
             not
             work
             the
             work
             ,
             although
             it
             took
             away
             occasion
             ;
             for
             the
             humour
             was
             fed
             from
             within
             ,
             and
             turned
             to
             a
             sore
             upon
             that
             place
             
             that
             could
             never
             be
             cured
             to
             this
             day
             .
             
             Nor
             could
             the
             wisdom
             of
             times
             find
             other
             help
             to
             keep
             the
             same
             from
             growing
             mortal
             ,
             but
             by
             scanting
             the
             dyet
             ,
             and
             taking
             away
             that
             power
             and
             jurisdiction
             which
             formerly
             it
             enjoyed
             .
          
           
             The
             37th
             Chapter
             hath
             been
             already
             noted
             in
             the
             Chapter
             of
             the
             Clergie
             
             next
             foregoing
             .
          
           
             Escuage
             shall
             be
             taxed
             as
             was
             wont
             in
             the
             time
             of
             Henry
             the
             second
             .
             
          
           
             
               The
               Charter
               of
               King
            
             John
             
               hath
               superadded
               hereunto
               this
               ensuing
               provision
               :
            
             There
             shall
             be
             no
             Escuage
             set
             in
             the
             Kingdom
             ,
             except
             for
             the
             redeeming
             of
             the
             King's
             person
             ,
             making
             of
             his
             eldest
             Son
             a
             Knight
             ,
             and
             on
             marriage
             of
             his
             eldest
             Daughter
             ;
             and
             for
             this
             there
             shall
             be
             onely
             reasonable
             aid
             .
             And
             in
             like
             manner
             shall
             the
             aids
             of
             the
             City
             of
             London
             be
             set
             .
             And
             for
             the
             assessing
             of
             Escuage
             ,
             we
             will
             summon
             the
             Archbishops
             ,
             Bishops
             ,
             Abbots
             ,
             Earls
             ,
             and
             greater
             Barons
             of
             the
             Kingdom
             ,
             specially
             by
             our
             several
             Writs
             ;
             and
             will
             cause
             to
             be
             summoned
             in
             general
             by
             our
             Sheriffs
             and
             Bailiffs
             all
             other
             our
             Tenants
             in
             capite
             ,
             to
             be
             at
             a
             certain
             day
             after
             Forty
             days
             at
             the
             least
             ,
             and
             at
             a
             certain
             place
             ;
             and
             we
             will
             set
             down
             the
             cause
             in
             all
             our
             Writs
             .
             And
             the
             matter
             at
             the
             day
             appointed
             shall
             proceed
             according
             to
             the
             counsel
             of
             those
             that
             shall
             be
             present
             ,
             although
             all
             that
             were
             summoned
             do
             not
             come
             .
             And
             we
             will
             not
             allow
             any
             man
             to
             take
             aid
             of
             his
             Freemen
             ,
             unless
             for
             redemption
             of
             his
             body
             ,
             and
             making
             his
             eldest
             Son
             a
             Knight
             ,
             and
             on
             marriage
             for
             his
             eldest
             Daughter
             ;
             and
             this
             shall
             be
             a
             reasonable
             aid
             onely
             .
          
           
             Thus
             far
             the
             Charter
             of
             King
             John
             concerning
             this
             point
             of
             Tax
             or
             Assessment
             ;
             
             and
             if
             the
             History
             saith
             true
             ,
             the
             Charter
             of
             Henry
             the
             Third
             was
             one
             and
             the
             same
             with
             that
             of
             King
             John
             ,
             then
             either
             this
             was
             not
             lest
             out
             in
             Henry
             the
             Third's
             Charter
             ,
             in
             that
             Historians
             time
             ;
             or
             if
             it
             was
             omitted
             in
             the
             original
             ,
             it
             was
             supposed
             to
             be
             included
             in
             the
             general
             words
             of
             the
             Law
             ,
             as
             
               being
               accustomed
               in
               times
               past
            
             .
             And
             then
             these
             particulars
             will
             be
             emergent
             :
             First
             ,
             that
             the
             Aids
             and
             Escuage
             in
             Henry
             the
             First
             's
             time
             ,
             were
             assessed
             by
             the
             same
             way
             with
             that
             in
             this
             Charter
             of
             King
             John
             ;
             
             for
             that
             all
             the
             quarrel
             between
             the
             Lords
             and
             King
             John
             ,
             was
             concerning
             the
             Charter
             of
             Henry
             the
             first
             ,
             which
             the
             Lords
             sware
             to
             maintain
             .
             Secondly
             ,
             
             that
             neither
             Aids
             nor
             Escuage
             were
             granted
             ,
             or
             legally
             taken
             ,
             
             but
             by
             Act
             of
             Parliament
             ,
             
             although
             the
             rate
             of
             them
             was
             setled
             by
             common
             custom
             ,
             according
             to
             the
             quantity
             of
             their
             Fee.
             Thirdly
             ,
             that
             some
             Parliaments
             in
             those
             times
             ,
             as
             concerning
             such
             matters
             ,
             consisted
             onely
             of
             such
             men
             as
             were
             concerned
             by
             way
             of
             such
             charge
             ,
             by
             reason
             of
             their
             Tenancy
             :
             for
             Escuage
             onely
             concerned
             the
             Tenants
             by
             Knight-service
             ,
             and
             therefore
             those
             onely
             were
             summoned
             unto
             such
             Parliaments
             as
             onely
             concerned
             Escuage
             .
             Nor
             had
             the
             City
             of
             London
             nor
             the
             Burgesses
             right
             to
             vote
             in
             such
             cases
             ,
             it
             is
             said
             p.
             258.
             
             And
             thus
             the
             Forest-Laws
             that
             were
             made
             in
             the
             time
             of
             Richard
             the
             First
             ,
             were
             made
             by
             the
             consent
             of
             Archbishops
             ,
             
             Bishops
             ,
             Abbots
             ,
             Earls
             ,
             Barons
             ,
             and
             Knights
             of
             the
             whole
             Kingdom
             :
             for
             what
             the
             great
             men
             gained
             ,
             they
             gained
             for
             themselves
             and
             their
             Tenants
             .
             And
             the
             truth
             is
             ,
             that
             in
             those
             times
             ,
             although
             publick
             damage
             concerned
             all
             ,
             yet
             it
             was
             ordinary
             for
             Kings
             to
             make
             a
             shew
             of
             summoning
             Parliaments
             ,
             whenas
             properly
             they
             were
             but
             Parliamentary
             meetings
             of
             some
             such
             Lords
             ,
             Clergy
             ,
             and
             others
             ,
             as
             the
             King
             saw
             most
             convenient
             to
             drive
             on
             his
             own
             design
             .
             And
             therefore
             we
             find
             that
             
             Henry
             the
             Third
             about
             the
             latter
             part
             of
             his
             Reign
             ,
             
             when
             his
             Government
             grew
             towards
             the
             dregs
             ,
             he
             having
             in
             the
             Kingdom
             Two
             hundred
             and
             fifty
             Baronies
             ,
             
             he
             summoned
             unto
             one
             of
             these
             Parliamentary
             meetings
             but
             Five
             and
             twenty
             Barons
             ,
             and
             One
             hundred
             and
             fifty
             of
             his
             Clergy
             .
             Nevertheless
             ,
             the
             Law
             of
             King
             John
             was
             still
             the
             same
             ;
             and
             we
             cannot
             rightly
             read
             the
             Law
             in
             such
             Precedents
             ,
             as
             are
             rather
             the
             birth
             of
             will
             than
             reason
             .
             Fourthly
             ,
             that
             no
             aids
             were
             then
             granted
             ,
             but
             such
             as
             passed
             under
             the
             title
             Escuage
             ,
             or
             according
             thereunto
             ;
             for
             the
             words
             are
             ,
             
               No
               Escuage
               shall
               be
               demanded
               ,
               or
               granted
               ,
               or
               taken
               ,
               but
               for
               redeeming
               the
               King's
               person
               ,
               Knighting
               of
               his
               Son
               ,
               or
               Marriage
               of
               his
               Daughter
               .
            
             Nor
             is
             the
             way
             of
             assessing
             in
             these
             times
             different
             ,
             saving
             that
             instead
             of
             all
             the
             Knights
             ,
             two
             onely
             are
             now
             chosen
             in
             every
             County
             ;
             the
             Tenure
             (
             as
             it
             seemeth
             )
             first
             giving
             the
             Title
             of
             that
             Order
             ,
             and
             both
             Tenure
             and
             Order
             now
             changed
             into
             that
             Title
             taken
             up
             for
             the
             time
             and
             occasion
             .
             Fifthly
             ,
             that
             it
             was
             then
             the
             ancient
             custom
             ,
             and
             so
             used
             in
             the
             time
             of
             Henry
             the
             First
             ,
             that
             the
             advice
             of
             those
             then
             present
             ,
             was
             the
             advice
             of
             the
             whole
             ,
             and
             that
             their
             advice
             passed
             for
             a
             Law
             without
             contradiction
             ,
             notwithstanding
             the
             King
             's
             
               Negative
               voice
            
             ;
             for
             the
             words
             are
             ,
             
               The
               matter
               at
               that
               day
               shall
               proceed
               according
               to
               the
               counsel
               of
               those
               that
               shall
               be
               present
               ,
               although
               all
               do
               not
               come
            
             ;
             and
             therefore
             that
             clause
             in
             the
             King's
             Oath
             ,
             
               quas
               vulgus
               eligerit
            
             ,
             may
             well
             be
             understood
             in
             the
             future
             ,
             and
             not
             in
             the
             preter
             tense
             .
             Last
             of
             all
             ,
             though
             not
             gathered
             from
             the
             Text
             of
             this
             Law
             whereof
             we
             treat
             ,
             yet
             being
             co-incident
             with
             the
             matter
             ,
             it
             is
             observable
             ,
             that
             though
             the
             Clergie
             were
             now
             in
             their
             ruffle
             ,
             and
             felt
             themselves
             in
             their
             full
             strength
             ,
             yet
             there
             befel
             a
             posture
             of
             state
             that
             discovered
             to
             the
             world
             ,
             that
             the
             English
             held
             not
             the
             interest
             of
             the
             Clergie
             to
             be
             of
             such
             publick
             concernment
             ,
             or
             necessary
             concurrence
             in
             the
             Government
             of
             the
             Kingdom
             ,
             as
             was
             pretended
             .
             
             For
             the
             Clergie
             finding
             Assessments
             of
             the
             Laity
             so
             heavy
             ,
             and
             that
             occasions
             of
             publick
             charge
             were
             like
             to
             multiply
             daily
             ,
             they
             therefore
             ,
             to
             save
             the
             main
             stock
             ,
             procured
             an
             Inhibition
             from
             Rome
             against
             all
             such
             impositions
             from
             the
             Laity
             ,
             and
             against
             such
             payments
             by
             the
             Clergie
             ;
             and
             in
             the
             strength
             of
             this
             they
             absolutely
             refuse
             to
             submit
             to
             aid
             Edward
             the
             First
             by
             any
             such
             way
             ,
             although
             all
             the
             Parliament
             had
             thereunto
             consented
             .
             And
             thus
             ,
             having
             divided
             themselves
             from
             the
             Parliament
             ,
             they
             were
             by
             them
             divided
             from
             it
             ;
             and
             not
             onely
             outed
             of
             all
             priviledge
             of
             Parliament
             ,
             but
             of
             all
             the
             priviledge
             of
             Subjects
             ,
             into
             the
             state
             of
             praemunire
             :
             and
             thus
             set
             up
             for
             a
             monument
             to
             future
             times
             ,
             for
             them
             also
             to
             act
             without
             the
             consent
             of
             those
             men
             ,
             as
             occasion
             should
             offer
             .
             But
             Henry
             the
             Third
             not
             satisfied
             with
             this
             ancient
             and
             ordinary
             way
             of
             Assessment
             upon
             ordinary
             occasions
             ,
             took
             up
             that
             extraordinary
             course
             of
             Assessment
             upon
             all
             the
             Freemen
             of
             the
             Kingdom
             ,
             which
             was
             formerly
             taken
             up
             onely
             in
             that
             extraordinary
             occasion
             of
             redeeming
             of
             the
             King
             's
             or
             Lord's
             person
             out
             of
             captivity
             ,
             and
             common
             defence
             of
             the
             Land
             from
             piracy
             ;
             and
             under
             the
             Title
             of
             Dane-gelt
             ,
             which
             was
             now
             absolutely
             dead
             ,
             and
             hanged
             up
             in
             chains
             as
             a
             monument
             of
             oppression
             .
             Nevertheless
             ,
             it
             cannot
             be
             denied
             but
             that
             in
             former
             times
             the
             Freemen
             were
             as
             deeply
             taxed
             ,
             if
             not
             oppressed
             with
             payments
             to
             their
             Lords
             at
             such
             times
             as
             they
             were
             charged
             over
             to
             the
             King
             in
             the
             cases
             aforesaid
             ,
             as
             by
             the
             latter
             words
             of
             the
             Law
             aforesaid
             of
             King
             John
             doth
             appear
             ,
             and
             whereby
             it
             is
             probable
             that
             the
             inferiour
             Lords
             were
             gainers
             .
             The
             conclusion
             of
             the
             Charter
             of
             Henry
             the
             Third
             (
             the
             same
             suiting
             also
             with
             the
             third
             observation
             foregoing
             )
             doth
             not
             a
             little
             favour
             the
             same
             :
             for
             it
             is
             expresly
             set
             down
             ,
             
             
               that
               in
               lieu
               of
               the
               King's
               confirmation
               of
               the
               Charter
               of
               Liberties
               aforesaid
               ,
            
             
             
               not
               onely
               the
               Archbishops
               ,
               Bishops
               ,
               Abbots
               ,
               Priors
               ,
               Earls
               ,
               Barons
               ,
               and
               Knights
               ,
               but
               also
               the
               Freemen
               ,
               and
               all
               the
               Kingdom
               ,
               gave
               a
               fifteenth
               of
               all
               their
               moveables
               .
            
          
           
             And
             thus
             have
             I
             summed
             up
             and
             compared
             both
             the
             Copies
             of
             the
             
               Grand
               Charters
            
             of
             Englands
             Liberties
             ,
             (
             saving
             two
             particulars
             inserted
             into
             the
             Forest-Laws
             of
             Henry
             the
             Third
             )
             wherein
             if
             any
             thing
             had
             been
             new
             and
             unreasonable
             ,
             King
             John
             might
             have
             colour
             to
             except
             against
             them
             as
             extorted
             by
             force
             ;
             
             and
             Henry
             the
             Third
             might
             (
             as
             he
             was
             advised
             )
             plead
             nonage
             ,
             and
             so
             they
             might
             have
             been
             choaked
             in
             their
             birth
             ;
             but
             being
             all
             Consuetudines
             ,
             as
             in
             the
             conclusion
             they
             are
             called
             ,
             and
             Kings
             ashamed
             to
             depend
             upon
             such
             frivolous
             exceptions
             ,
             it
             may
             be
             wondred
             what
             might
             move
             them
             to
             adventure
             so
             much
             blood-shed
             ,
             and
             themselves
             into
             so
             many
             troubles
             ,
             to
             avoid
             their
             own
             acts
             ;
             unless
             the
             writing
             of
             them
             were
             an
             obligation
             acknowledged
             before
             the
             world
             ;
             and
             they
             resolving
             secretly
             to
             be
             under
             none
             ,
             were
             loth
             to
             publish
             the
             same
             to
             all
             men
             .
             It
             is
             a
             strange
             vanity
             in
             great
             men
             to
             pretend
             love
             to
             Justice
             ,
             and
             yet
             not
             endure
             to
             be
             bound
             thereto
             ;
             whenas
             we
             see
             that
             God
             himself
             loves
             to
             be
             bound
             by
             his
             word
             ,
             and
             to
             have
             it
             pleaded
             ,
             because
             he
             delights
             as
             much
             to
             be
             acknowledged
             true
             in
             performing
             ,
             as
             good
             in
             promising
             .
             But
             neither
             was
             King
             John
             or
             Henry
             the
             Third
             of
             this
             spirit
             ;
             fain
             they
             would
             undo
             ,
             but
             could
             not
             .
             It
             is
             true
             ,
             it
             was
             at
             the
             first
             but
             a
             King's
             
               Charter
               of
               Confirmation
            
             ;
             and
             had
             Kings
             been
             patient
             therewith
             ,
             it
             might
             have
             grown
             no
             bigger
             :
             but
             by
             opposition
             it
             rooted
             deeper
             ,
             and
             grew
             up
             unto
             the
             stature
             of
             a
             Statute
             ,
             
             and
             setled
             so
             fast
             ,
             as
             it
             can
             never
             be
             avoided
             but
             by
             surrender
             from
             the
             whole
             body
             .
          
           
             Having
             thus
             summed
             up
             the
             Liberties
             of
             the
             Subjects
             and
             Free-men
             of
             England
             under
             this
             Charter
             ,
             I
             shall
             make
             some
             Appendix
             hereunto
             ,
             by
             annexing
             a
             few
             additionals
             in
             these
             times
             established
             ;
             and
             although
             they
             come
             not
             within
             the
             letter
             of
             the
             
               Grand
               Charter
            
             ,
             yet
             are
             they
             subservient
             thereunto
             .
             And
             first
             concerning
             the
             King
             ;
             and
             this
             either
             as
             he
             is
             King
             ,
             or
             as
             he
             is
             Lord.
             As
             King
             ,
             he
             had
             these
             Prerogatives
             above
             all
             Lords
             .
          
           
             The
             King
             shall
             have
             the
             custody
             of
             Fools
             and
             Ideots
             Lands
             for
             their
             maintenance
             ,
             
             and
             shall
             render
             the
             same
             to
             their
             Heirs
             .
          
           
             And
             concerning
             Mad-men
             and
             Lunaticks
             ,
             
             the
             King
             shall
             provide
             a
             Bailiff
             for
             their
             maintenance
             ,
             rendering
             account
             to
             them
             when
             they
             are
             sober
             ,
             or
             to
             their
             Administrators
             .
          
           
             It
             is
             no
             less
             liberty
             or
             priviledge
             of
             the
             People
             ,
             that
             Fools
             and
             
               Mad
               persons
            
             are
             to
             be
             ordered
             by
             Tutors
             ,
             than
             Children
             ;
             and
             therefore
             this
             may
             be
             annexed
             to
             the
             rest
             of
             the
             Liberties
             ,
             as
             well
             as
             the
             other
             .
             Nevertheless
             ,
             it
             seemeth
             that
             the
             Laws
             took
             them
             into
             their
             regard
             ,
             in
             respect
             of
             their
             Estates
             ,
             which
             might
             be
             abused
             to
             the
             prejudice
             of
             the
             Publick
             ,
             rather
             than
             out
             of
             any
             respect
             had
             to
             their
             persons
             .
             Now
             because
             there
             is
             a
             difference
             between
             the
             disability
             of
             these
             persons
             ,
             the
             one
             being
             perpetual
             ,
             the
             other
             temporary
             ;
             therefore
             is
             there
             also
             by
             these
             Laws
             a
             difference
             in
             the
             disposal
             of
             their
             Estates
             :
             for
             the
             Tutor
             had
             a
             right
             in
             the
             disposing
             of
             the
             one
             ,
             and
             but
             a
             bare
             authority
             or
             power
             in
             providing
             for
             the
             other
             .
             Secondly
             ,
             the
             person
             of
             the
             Tutor
             is
             to
             be
             considered
             :
             Anciently
             it
             was
             the
             next
             kindred
             ,
             grounded
             ,
             as
             I
             conceive
             ,
             upon
             the
             natural
             affection
             
             going
             along
             with
             the
             blood
             ;
             and
             this
             so
             continued
             in
             custom
             until
             these
             times
             :
             for
             though
             the
             
               Mirrour
               of
               Justice
            
             saith
             ,
             that
             Henry
             the
             First
             brought
             in
             that
             course
             of
             giving
             the
             custody
             of
             these
             disabled
             persons
             to
             the
             King
             ,
             as
             hath
             been
             formerly
             observed
             ;
             yet
             Bracton
             ,
             that
             wrote
             long
             after
             the
             time
             of
             Henry
             the
             First
             ,
             
             speaking
             of
             these
             kind
             of
             persons
             ,
             saith
             ,
             
               Talibus
               de
               necessitate
               dandus
               est
               tutor
               vel
               curator
            
             ;
             not
             so
             much
             as
             mentioning
             the
             King
             in
             the
             case
             .
             
             And
             in
             another
             place
             ,
             speaking
             of
             such
             as
             are
             
               alieni
               juris
            
             ,
             saith
             ,
             that
             
               some
               are
               under
               the
               custody
               of
               their
               Lords
               ,
               and
               others
               under
               their
               Parents
               and
               friends
               .
            
             But
             let
             the
             time
             of
             the
             entrance
             of
             this
             Law
             be
             never
             so
             uncertain
             ,
             it
             is
             now
             a
             declared
             Law
             ,
             that
             the
             King
             in
             such
             cases
             is
             the
             common
             Curator
             or
             Tutor
             of
             all
             such
             persons
             ,
             as
             he
             is
             a
             
               Chief
               Justice
            
             ,
             rendring
             to
             every
             one
             his
             right
             .
          
           
             The
             King
             shall
             have
             the
             Wrecks
             of
             the
             Sea.
             
             
          
           
             What
             shall
             be
             called
             a
             Wreck
             ,
             
             the
             Statute
             at
             West
             .
             1.
             declareth
             ,
             
               viz.
               Where
               the
               Ship
               so
               perisheth
               ,
               that
               nothing
               therein
               escapeth
               alive
            
             ;
             and
             these
             are
             rather
             in
             their
             original
             committed
             to
             the
             King
             as
             a
             Curator
             ,
             than
             given
             him
             as
             a
             Proprietor
             ;
             although
             that
             Custom
             hath
             since
             setled
             a
             kind
             of
             right
             ,
             which
             may
             perhaps
             be
             accounted
             rather
             a
             Title
             by
             Estoppel
             .
             For
             the
             fundamental
             ground
             is
             ,
             that
             the
             right
             owner
             cannot
             be
             manifested
             ,
             and
             therefore
             the
             King
             shall
             hold
             it
             ;
             and
             if
             the
             right
             owner
             can
             be
             manifested
             ,
             the
             King
             shall
             hold
             it
             till
             the
             owner
             doth
             appear
             .
          
           
             The
             Heir
             in
             Socage-tenure
             shall
             have
             an
             Action
             of
             Waste
             ,
             
             and
             an
             account
             against
             his
             Guardian
             for
             the
             profits
             of
             the
             Lands
             and
             Marriage
             .
          
           
             The
             Heir
             in
             Socage
             being
             under
             age
             ,
             
             shall
             also
             be
             under
             custody
             of
             such
             Guardian
             of
             the
             next
             kinred
             ,
             who
             cannot
             challenge
             right
             of
             Inheritance
             in
             such
             Lands
             so
             holden
             :
             as
             if
             the
             Lands
             descended
             from
             the
             Father's
             side
             ,
             the
             Mother
             ,
             or
             next
             of
             the
             kinred
             of
             the
             Mothers
             side
             shall
             have
             the
             custody
             ;
             and
             so
             if
             the
             Lands
             descend
             from
             the
             Mother
             ,
             the
             Father
             ,
             or
             next
             kinred
             of
             the
             Father's
             side
             shall
             have
             the
             custody
             .
             And
             this
             custody
             bringeth
             with
             it
             an
             Authority
             or
             Power
             onely
             ,
             and
             no
             Right
             ,
             as
             in
             case
             of
             the
             Heir
             in
             Knight-service
             ;
             and
             therefore
             cannot
             be
             granted
             over
             as
             the
             Wardship
             in
             Knight-service
             might
             ,
             but
             the
             
               Guardian
               in
               Socage
            
             remaineth
             accomptant
             to
             the
             Heir
             ,
             for
             all
             profits
             both
             of
             Land
             and
             Marriage
             .
             The
             full
             age
             of
             
               Tenant
               in
               Socage
            
             ,
             is
             such
             age
             wherein
             he
             is
             able
             to
             do
             that
             service
             ,
             which
             is
             Fourteen
             years
             ;
             for
             at
             such
             age
             he
             may
             be
             able
             by
             common
             repute
             to
             aid
             in
             Tillage
             of
             the
             ground
             ,
             which
             is
             his
             proper
             service
             .
             But
             the
             Son
             of
             a
             Burgess
             hath
             no
             set
             time
             of
             full
             Age
             ,
             but
             at
             such
             time
             as
             he
             can
             
               tell
               Money
               ,
               and
               measure
               Cloath
               ,
            
             and
             such
             work
             as
             concerns
             that
             calling
             .
          
           
             Widows
             deforced
             of
             their
             Dower
             of
             Quarentine
             ,
             
             shall
             by
             Action
             recover
             damages
             till
             they
             recover
             their
             Dower
             .
          
           
             They
             shall
             also
             have
             power
             to
             devise
             their
             crop
             arising
             from
             her
             Dower
             .
             
          
           
             It
             was
             used
             that
             the
             Heir
             should
             have
             the
             crop
             with
             the
             Land
             ;
             but
             this
             
             Statute
             altered
             that
             former
             usage
             ,
             and
             yet
             saved
             the
             Lord's
             liberty
             to
             distrain
             if
             any
             services
             were
             due
             .
          
           
             Writs
             
               de
               consimili
               casu
            
             granted
             in
             cases
             that
             fall
             under
             the
             same
             Law
             ,
             
             and
             need
             the
             same
             remedy
             ;
             and
             such
             Writs
             shall
             be
             made
             by
             agreement
             of
             the
             Clerks
             in
             the
             Chancery
             ,
             and
             advice
             of
             such
             as
             are
             skilful
             in
             the
             Law.
             
          
           
             It
             was
             none
             of
             the
             meanest
             Liberties
             of
             the
             Freemen
             of
             England
             ,
             that
             no
             Writs
             did
             issue
             forth
             against
             them
             ,
             but
             such
             as
             were
             anciently
             in
             use
             ,
             and
             agreed
             upon
             in
             Parliament
             .
             And
             it
             was
             no
             less
             a
             grievance
             and
             just
             cause
             of
             complaint
             ,
             that
             Kings
             used
             to
             send
             Writs
             of
             new
             impression
             to
             execute
             the
             dictates
             of
             their
             own
             wills
             ,
             and
             not
             of
             the
             Laws
             of
             the
             Kingdom
             ;
             as
             the
             complaints
             of
             the
             Clergy
             in
             the
             times
             of
             Henry
             the
             Third
             do
             witness
             .
             
             Nevertheless
             ,
             because
             many
             mens
             cases
             befel
             not
             directly
             within
             the
             Letter
             of
             any
             Law
             for
             remedy
             ,
             and
             yet
             were
             very
             burthensome
             ;
             for
             want
             of
             remedy
             it
             is
             provided
             by
             this
             Law
             ,
             that
             such
             emergent
             cases
             that
             do
             fall
             within
             the
             inconvenience
             ,
             shall
             be
             comprehended
             within
             the
             remedy
             of
             that
             Law.
             
          
           
             Aid
             to
             make
             the
             Son
             of
             the
             Lord
             a
             Knight
             ,
             
             and
             to
             marry
             his
             eldest
             Daughter
             ,
             shall
             be
             assessed
             after
             the
             rate
             of
             twenty
             shillings
             for
             a
             Knights
             Fee
             ;
             and
             twenty
             shillings
             for
             twenty
             pounds
             in
             yearly
             value
             of
             Socage-tenure
             .
          
           
             The
             uncertainties
             of
             Aids
             are
             by
             this
             Law
             reduced
             and
             setled
             ,
             as
             touching
             the
             sum
             ;
             and
             thereby
             delivered
             the
             people
             from
             much
             oppression
             which
             they
             suffered
             formerly
             .
             Nor
             was
             onely
             the
             particular
             sum
             hereby
             ,
             but
             also
             the
             age
             of
             the
             Son
             when
             he
             was
             to
             be
             made
             a
             Knight
             ,
             viz.
             at
             
               the
               age
               of
               Fifteen
               years
            
             ;
             too
             soon
             for
             him
             to
             perform
             Knight-service
             ,
             but
             not
             too
             soon
             for
             the
             Lord
             to
             get
             his
             money
             .
             And
             the
             Daughter
             likewise
             was
             allowed
             to
             be
             fit
             for
             Marriage
             at
             
               Seven
               years
               of
               age
            
             ,
             or
             at
             least
             to
             give
             her
             consent
             thereto
             ,
             albeit
             that
             in
             truth
             she
             was
             neither
             fit
             for
             the
             one
             or
             other
             :
             and
             therefore
             it
             must
             be
             the
             Lords
             gain
             that
             made
             the
             Law
             ;
             and
             it
             was
             not
             amiss
             to
             have
             the
             aid
             beforehand
             ,
             though
             the
             marriage
             succeeded
             not
             for
             many
             years
             after
             ;
             and
             if
             the
             Lord
             died
             in
             the
             interim
             ,
             the
             Executors
             having
             Assets
             paid
             it
             ,
             or
             otherwise
             his
             Heir
             .
          
        
         
           
             CHAP.
             LXVIII
             .
             Of
             Courts
             and
             their
             Proceedings
             .
          
           
             BEsides
             the
             Courts
             of
             Justices
             itinerant
             ,
             which
             were
             ancient
             ,
             as
             hath
             been
             said
             ,
             other
             Courts
             have
             been
             raised
             of
             later
             birth
             ,
             albeit
             even
             they
             also
             have
             been
             of
             ancient
             constitutions
             ,
             and
             divers
             of
             them
             itinerant
             also
             ,
             and
             some
             of
             them
             setled
             in
             one
             place
             .
             The
             work
             of
             the
             Justices
             itinerant
             was
             universal
             ,
             comprehending
             both
             the
             matters
             of
             the
             Crown
             and
             Common-pleas
             .
             That
             of
             Oyer
             and
             Terminer
             is
             onely
             of
             Crown-pleas
             
             originally
             commenced
             ,
             and
             enquired
             of
             by
             themselves
             ,
             and
             granted
             forth
             upon
             emergent
             crimes
             of
             important
             consequence
             that
             require
             speedy
             regard
             and
             reformation
             .
             Justices
             of
             Gaol-delivery
             have
             a
             more
             large
             work
             ,
             that
             is
             ,
             to
             deliver
             the
             Gaols
             of
             all
             criminal
             offenders
             formerly
             indicted
             ,
             or
             before
             themselves
             .
             Justices
             of
             Assize
             and
             
               Nisi
               prius
            
             are
             to
             have
             cognizance
             of
             Common-pleas
             onely
             ,
             and
             for
             the
             most
             part
             are
             but
             for
             enquiry
             .
             All
             which
             ,
             saving
             the
             Justices
             itinerant
             in
             ancient
             use
             ,
             were
             instituted
             about
             these
             times
             ;
             and
             therewith
             ended
             both
             the
             work
             and
             common
             use
             of
             the
             ancient
             iters
             ;
             and
             yet
             all
             these
             later
             Courts
             ,
             joyntly
             considered
             ,
             have
             not
             the
             like
             comprehensive
             power
             that
             the
             iters
             had
             ,
             for
             they
             had
             the
             power
             of
             hearing
             and
             determining
             all
             causes
             ,
             both
             of
             the
             Crown
             and
             Common-pleas
             ,
             albeit
             in
             a
             different
             manner
             :
             That
             is
             to
             say
             ,
             in
             the
             first
             times
             ,
             promiscuously
             united
             into
             one
             and
             the
             same
             person
             ;
             but
             soon
             after
             the
             Norman
             times
             ,
             and
             more
             clearly
             in
             the
             time
             of
             Henry
             the
             Second
             ,
             that
             power
             was
             divided
             into
             several
             persons
             ,
             some
             sitting
             upon
             the
             Common-pleas
             ,
             others
             upon
             the
             Crown-pleas
             .
             The
             Judges
             of
             these
             journeying
             Courts
             were
             specially
             assigned
             by
             the
             King
             ,
             as
             in
             the
             case
             of
             the
             Gaol-delivery
             ;
             or
             setled
             by
             the
             Law
             upon
             the
             Judges
             of
             both
             Benches
             at
             Westminister
             ,
             as
             in
             case
             of
             Oyer
             and
             Terminer
             ,
             
             and
             of
             the
             Assizes
             or
             
               Nisi
               prius
            
             ,
             saving
             that
             in
             the
             last
             case
             they
             were
             associated
             with
             Knights
             in
             the
             Counties
             for
             the
             taking
             of
             Assizes
             .
             
          
           
             Now
             concerning
             the
             Courts
             that
             were
             setled
             :
             some
             were
             setled
             or
             annexed
             to
             the
             King
             's
             personal
             residence
             ,
             as
             the
             
               Chancellor's
               Court
            
             ;
             for
             in
             these
             times
             it
             began
             to
             have
             a
             judiciary
             power
             of
             eminent
             stature
             ,
             and
             growing
             out
             of
             the
             decays
             of
             the
             great
             
               chief
               Justice
            
             of
             England
             .
             Then
             also
             the
             Kings-Bench
             was
             annexed
             by
             the
             same
             Law
             unto
             the
             Kings
             Court
             or
             personal
             residence
             ,
             
             as
             it
             anciently
             ever
             had
             that
             honour
             ;
             although
             it
             seems
             the
             endeavours
             were
             to
             make
             it
             like
             the
             Common-pleas
             in
             that
             particular
             .
             Another
             and
             last
             Court
             that
             was
             setled
             in
             this
             manner
             ,
             was
             the
             
               Marshals
               Court
            
             ,
             which
             in
             the
             original
             onely
             concerned
             the
             Kings
             houshold
             ,
             but
             afterwards
             compassed
             in
             a
             distance
             of
             the
             neighbouring
             places
             ,
             
             because
             the
             Kings
             attendants
             were
             many
             in
             those
             times
             ,
             whenas
             the
             Courts
             of
             Justice
             continually
             attended
             on
             his
             person
             :
             and
             this
             precinct
             was
             called
             the
             Verge
             ;
             and
             all
             cases
             of
             debt
             and
             covenant
             ,
             where
             both
             parties
             were
             of
             the
             Houshold
             ,
             
             and
             of
             Trespasses
             
               vi
               &
               armis
            
             ,
             where
             one
             of
             them
             was
             of
             the
             Houshold
             ,
             were
             handled
             in
             the
             Court
             of
             the
             Verge
             ,
             or
             the
             
               Marshals
               Court.
            
             And
             Inquests
             of
             death
             within
             the
             same
             ,
             shall
             be
             taken
             by
             the
             Coroner
             of
             the
             County
             with
             the
             Coroner
             of
             the
             Houshold
             .
             Other
             Courts
             were
             rural
             ,
             and
             affixed
             also
             to
             some
             certain
             place
             ,
             either
             of
             the
             County
             or
             Town
             ,
             or
             other
             particular
             place
             .
             That
             of
             the
             County
             suffered
             in
             these
             times
             great
             diminution
             ,
             
             even
             almost
             to
             destruction
             ,
             by
             a
             Law
             restraining
             the
             power
             thereof
             onely
             to
             Trespasses
             of
             40
             s.
             value
             or
             under
             :
             for
             though
             formerly
             the
             Kings
             Justices
             incroached
             upon
             the
             County-Courts
             ,
             and
             contracted
             suits
             before
             themselves
             ,
             which
             by
             the
             ancient
             Law
             they
             ought
             not
             ;
             yet
             it
             was
             ever
             illegal
             ,
             and
             the
             County-Courts
             held
             their
             right
             till
             this
             Law
             was
             made
             ,
             which
             kept
             under
             those
             inferiour
             Courts
             ,
             and
             made
             them
             of
             less
             account
             than
             formerly
             .
             Nevertheless
             ,
             the
             Kings
             Justicies
             ,
             or
             Writ
             to
             the
             Sheriffs
             ,
             oftentimes
             enableth
             the
             inferiour
             Court
             to
             have
             cognizance
             of
             cases
             of
             greater
             value
             .
             
             Lastly
             ,
             a
             rule
             was
             set
             to
             the
             smaller
             Courts
             of
             Corporations
             ,
             Fairs
             ,
             and
             Markets
             ,
             
               viz.
               That
               no
               person
               should
               be
               sued
               in
               any
               of
               them
               ,
               which
               was
               not
               a
               debter
               or
               pledge
               there
               .
            
          
        
         
           
           
             CHAP.
             LXIX
             .
             Of
             Coroners
             ,
             Sheriffs
             ,
             and
             Crown-pleas
             .
          
           
             COroners
             shall
             be
             chosen
             in
             the
             County
             ,
             
             from
             the
             wisest
             ,
             greatest
             ,
             and
             chief
             men
             of
             the
             Country
             .
          
           
             Of
             these
             Officers
             formerly
             hath
             been
             spoken
             ,
             as
             touching
             their
             election
             ,
             qualification
             ,
             and
             work
             :
             this
             Law
             brought
             in
             no
             change
             of
             any
             former
             Law
             ,
             but
             onely
             of
             a
             former
             Custom
             gained
             by
             these
             degenerating
             times
             ,
             which
             brought
             men
             into
             place
             that
             were
             far
             unfit
             ,
             who
             otherwise
             of
             poor
             and
             mean
             condition
             maintained
             themselves
             by
             bribery
             and
             extortion
             ,
             and
             being
             found
             guilty
             had
             not
             sufficient
             to
             give
             recompence
             .
             This
             Law
             therefore
             revives
             the
             first
             Law
             ,
             and
             holds
             these
             men
             to
             their
             work
             of
             taking
             Inquests
             and
             Appeals
             ,
             by
             Indenture
             between
             themselves
             and
             the
             Sheriff
             ;
             and
             these
             were
             to
             be
             certified
             at
             the
             next
             coming
             of
             the
             Justices
             .
          
           
             The
             Free-holders
             in
             every
             County
             ,
             
             if
             they
             will
             ,
             shall
             elect
             their
             own
             Sheriff
             ,
             unless
             the
             Sheriffwick
             be
             holden
             in
             Fee.
             
          
           
             This
             was
             indeed
             the
             ancient
             custom
             :
             as
             the
             Officers
             of
             the
             Kingdom
             were
             elegible
             by
             the
             Common-council
             of
             the
             Kingdom
             ,
             
             so
             were
             all
             the
             Officers
             of
             the
             County
             chosen
             by
             the
             County
             .
             But
             within
             a
             few
             years
             ,
             in
             the
             time
             of
             Edward
             the
             Second
             ,
             
             comes
             another
             Law
             ,
             
               That
               the
               Sheriffs
               shall
               be
               appointed
               by
               the
               Chancellor
               ,
               Treasurer
               ,
               Barons
               of
               the
               Exchequer
               ,
               and
               the
               Justices
               .
            
             Which
             Law
             was
             made
             in
             favour
             of
             the
             people
             ,
             as
             by
             the
             file
             of
             that
             Statute
             doth
             more
             fully
             appear
             :
             for
             though
             at
             the
             first
             blush
             it
             may
             seem
             a
             priviledge
             lost
             by
             the
             Freemen
             ,
             that
             these
             great
             men
             should
             have
             the
             election
             of
             the
             Sheriff
             ;
             yet
             it
             proved
             a
             great
             advantage
             to
             the
             common
             quiet
             of
             the
             people
             in
             those
             times
             of
             parties
             ,
             and
             was
             so
             apprehended
             :
             Otherwise
             as
             the
             case
             stood
             in
             those
             days
             of
             Edward
             the
             Second
             ,
             it
             was
             no
             time
             for
             him
             to
             gain
             upon
             the
             peoples
             Liberties
             .
             Nor
             had
             the
             Statute
             of
             
               Articuli
               super
               cartas
            
             ,
             whereof
             we
             how
             treat
             ,
             been
             penned
             with
             these
             words
             ,
             
               if
               they
               will.
            
             And
             questionless
             in
             these
             days
             we
             now
             live
             in
             ,
             if
             the
             people
             had
             but
             a
             little
             taste
             of
             this
             seeming
             liberty
             of
             electing
             Sheriffs
             in
             the
             County-court
             ,
             as
             formerly
             it
             was
             used
             ,
             it
             would
             be
             soon
             perceived
             that
             the
             election
             of
             these
             chief
             Officers
             were
             better
             disposed
             in
             some
             other
             hand
             ,
             if
             rightly
             pursued
             .
          
           
             Homicide
             by
             misfortune
             shall
             not
             be
             adjudged
             murder
             .
             
          
           
             That
             the
             Saxons
             made
             difference
             between
             Homicide
             by
             misfortune
             ,
             and
             that
             which
             was
             done
             
               felleo
               animo
            
             ,
             or
             
               with
               a
               spirit
               of
               gall
            
             ,
             formerly
             hath
             been
             shewed
             :
             now
             what
             it
             was
             that
             altered
             the
             case
             ,
             I
             cannot
             say
             ,
             unless
             the
             violence
             ,
             cruelty
             ,
             and
             oppression
             of
             the
             times
             .
             Formerly
             all
             kind
             of
             Manslaughter
             was
             finable
             ,
             I
             mean
             in
             the
             Norman
             times
             ,
             and
             so
             might
             more
             rationally
             be
             ranked
             into
             one
             degree
             ;
             but
             now
             the
             punishment
             began
             to
             change
             from
             
               forfeiture
               of
               Estate
            
             and
             
               loss
               of
               Member
            
             ,
             to
             death
             and
             
               forfeiture
               of
               Estate
            
             ;
             and
             therefore
             it
             was
             more
             necessary
             to
             make
             the
             difference
             
             in
             the
             penalty
             (
             seeing
             in
             the
             fine
             formerly
             a
             difference
             was
             observed
             )
             and
             this
             difference
             to
             assert
             by
             a
             Law
             ,
             that
             might
             limit
             the
             invenomed
             spirits
             of
             the
             Judges
             of
             those
             days
             .
          
           
             Robbery
             punished
             by
             death
             .
             
          
           
             This
             crime
             hitherto
             was
             punished
             by
             fine
             and
             
               loss
               of
               member
            
             ,
             at
             the
             utmost
             ,
             but
             is
             now
             made
             capital
             ,
             and
             punished
             with
             death
             .
             One
             example
             whereof
             ,
             and
             the
             first
             that
             Story
             maketh
             mention
             of
             ,
             we
             find
             of
             an
             Irish
             Nobleman
             in
             the
             days
             of
             Henry
             the
             Third
             ,
             who
             suffered
             death
             for
             piracy
             ;
             and
             it
             was
             a
             Law
             that
             then
             ,
             though
             rigorous
             ,
             yet
             seasonably
             was
             contrived
             ,
             to
             retard
             the
             beginnings
             ,
             and
             hasten
             the
             conclusion
             of
             a
             Civil
             War
             in
             a
             Nation
             who
             value
             their
             Estates
             and
             Liberties
             above
             their
             own
             lives
             .
          
           
             Rape
             ,
             
             upon
             the
             complaint
             of
             the
             party
             violated
             made
             within
             forty
             days
             ,
             shall
             have
             right
             .
             If
             the
             Delinquent
             be
             convicted
             without
             such
             complaint
             made
             ,
             he
             shall
             be
             fined
             and
             imprisoned
             .
          
           
             Before
             this
             Law
             ,
             this
             crime
             was
             but
             finable
             ,
             unless
             the
             fact
             was
             committed
             upon
             a
             Virgin
             ,
             for
             then
             the
             member
             was
             lost
             .
             And
             this
             was
             the
             Saxons
             Law
             ;
             but
             the
             Normans
             inflicted
             the
             loss
             of
             the
             member
             upon
             all
             Delinquents
             in
             any
             Rape
             .
             Nor
             was
             this
             made
             Felony
             by
             any
             Law
             or
             Custom
             that
             I
             can
             finde
             ,
             till
             about
             these
             days
             .
             It
             is
             true
             ,
             that
             Canutus
             punished
             it
             
               capitis
               aestimatione
            
             ,
             by
             way
             of
             compensation
             ;
             which
             rather
             gives
             a
             rule
             of
             damages
             to
             the
             party
             wronged
             ,
             than
             importeth
             a
             punishment
             inflicted
             for
             an
             offence
             done
             against
             the
             Crown
             ,
             as
             if
             it
             were
             thereby
             made
             capital
             .
             But
             for
             the
             more
             certainty
             of
             the
             penalty
             ,
             another
             Law
             provideth
             ,
             that
             if
             the
             Rape
             be
             committed
             without
             the
             Womans
             consent
             subsequent
             ,
             
             she
             may
             have
             an
             
               Appeal
               of
               Rape
            
             .
             And
             though
             a
             consent
             be
             subsequent
             ,
             yet
             the
             Delinquent
             upon
             indictment
             found
             shall
             suffer
             death
             ,
             as
             in
             the
             case
             of
             Appeal
             .
             But
             if
             a
             Wife
             be
             carried
             away
             with
             the
             goods
             of
             her
             Husband
             ,
             besides
             Action
             of
             the
             party
             ,
             the
             King
             shall
             have
             a
             fine
             .
             If
             the
             Wife
             elopeth
             ,
             she
             shall
             lose
             her
             Dower
             ,
             if
             she
             be
             not
             reconciled
             before
             her
             Husband's
             death
             .
             All
             which
             now-recited
             Provisoes
             are
             comprehended
             together
             in
             one
             Chapter
             ,
             and
             yet
             the
             Chapter
             is
             
               partee
               per
               fess
               ,
               French
            
             and
             Latine
             .
             So
             far
             thereof
             as
             concerneth
             death
             ,
             was
             written
             in
             French
             ,
             being
             the
             most
             known
             Language
             to
             the
             great
             men
             in
             general
             ,
             many
             of
             whom
             were
             French
             ,
             by
             reason
             of
             the
             interest
             that
             Henry
             the
             Third
             had
             with
             France
             in
             his
             late
             Wars
             against
             the
             Barons
             .
             It
             was
             therefore
             published
             by
             way
             of
             Caveat
             ,
             that
             no
             person
             that
             understood
             French
             might
             plead
             ignorance
             of
             the
             Law
             that
             concerned
             their
             lives
             .
             The
             residue
             of
             that
             Chapter
             was
             written
             in
             Latine
             ,
             as
             all
             the
             other
             Laws
             of
             that
             Parliament
             were
             ,
             upon
             grounds
             formerly
             in
             this
             discourse
             noted
             .
             One
             Proviso
             more
             remaineth
             ,
             which
             is
             also
             comprehended
             in
             the
             same
             Chapter
             with
             the
             former
             ,
             
               viz.
               Any
               person
               that
               shall
               carry
               away
               a
               Nun
               from
               her
               house
               ,
               shall
               suffer
               imprisonment
               for
               three
               years
               ,
               and
               render
               damages
               to
               the
               house
               .
            
             This
             crime
             was
             formerly
             onely
             inwombed
             in
             the
             Canon-Law
             ,
             and
             now
             born
             and
             brought
             forth
             into
             the
             condition
             of
             a
             Statute-Law
             ,
             rather
             to
             vindicate
             the
             right
             of
             the
             Freemen
             ,
             
             than
             in
             any
             respect
             had
             to
             the
             Clergie
             ,
             who
             had
             been
             very
             bold
             with
             the
             liberty
             of
             the
             Freemen
             in
             this
             matter
             .
             For
             Archbishop
             Peckham
             ,
             not
             a
             year
             before
             the
             making
             of
             this
             Law
             ,
             for
             this
             
             offence
             had
             excommunicated
             Sir
             
               Osborn
               Gifford
            
             ;
             nor
             could
             he
             get
             absolution
             but
             upon
             his
             Penance
             .
             First
             he
             was
             disciplin'd
             with
             rods
             three
             times
             ;
             once
             in
             the
             open
             Church
             at
             Wilton
             ,
             then
             in
             the
             Market-place
             at
             Shaftsbury
             ,
             and
             lastly
             in
             the
             publick
             Church
             there
             :
             Then
             he
             must
             fast
             divers
             moneths
             .
             Lastly
             ,
             he
             must
             be
             disrobed
             of
             all
             Military
             habiliments
             ,
             viz.
             Guilt
             Spurs
             ,
             Sword
             ,
             Saddle
             ,
             golden
             Trappings
             ,
             and
             to
             use
             no
             brave
             garments
             but
             russet
             ,
             with
             Lamb
             and
             Sheep-skins
             ;
             to
             use
             no
             Shirit
             ,
             nor
             take
             up
             his
             Order
             again
             ,
             until
             he
             had
             spent
             three
             years
             Pilgrimage
             in
             the
             Holy
             Land
             :
             and
             unto
             this
             Penance
             the
             Knight
             by
             Oath
             bound
             himself
             .
             A
             strange
             power
             !
             and
             to
             repress
             which
             ,
             it
             was
             time
             for
             the
             people
             to
             look
             about
             them
             ,
             and
             rather
             to
             punish
             Delinquents
             themselves
             ,
             than
             to
             leave
             it
             to
             the
             will
             of
             such
             men
             as
             never
             had
             enough
             .
          
           
             Concealment
             ,
             
             or
             neglect
             of
             apprehending
             of
             Felons
             ,
             punished
             by
             Fine
             and
             Imprisonment
             .
          
           
             In
             those
             ancient
             times
             ,
             pursuits
             of
             Felons
             with
             Hue
             and
             Cry
             were
             made
             by
             Lords
             of
             Manors
             ,
             Bailiffs
             of
             Liberties
             ,
             Sheriffs
             ,
             and
             Coroners
             ;
             whereas
             now
             they
             are
             made
             by
             Constables
             .
             See
             more
             in
             the
             Chapter
             of
             Peace
             .
             
             Escapes
             also
             were
             punished
             with
             Fine
             and
             Imprisonment
             :
             and
             in
             some
             places
             the
             Lord
             had
             the
             Fine
             ,
             in
             other
             places
             the
             Sheriff
             ,
             and
             in
             some
             cases
             the
             King
             ;
             yet
             in
             no
             case
             was
             any
             Fine
             assessed
             or
             taken
             till
             the
             Trial
             before
             the
             Justices
             .
          
           
             Persons
             defamed
             for
             Felony
             ,
             
             not
             submitting
             to
             Trial
             by
             Law
             ,
             shall
             be
             committed
             to
             close
             and
             hard
             Imprisonment
             .
             
          
           
             It
             hath
             been
             accounted
             an
             extream
             construction
             of
             this
             Law
             ,
             and
             questionless
             so
             it
             is
             ,
             that
             this
             Law
             should
             warrant
             that
             punishment
             of
             pressing
             to
             death
             ,
             which
             hath
             been
             of
             later
             times
             more
             constantly
             used
             than
             former
             times
             ever
             knew
             of
             :
             for
             though
             it
             be
             granted
             that
             some
             trick
             of
             torture
             was
             sometimes
             used
             ,
             even
             before
             the
             Normans
             times
             ,
             and
             so
             might
             now
             and
             then
             leave
             some
             few
             examples
             after
             the
             Norman
             times
             ;
             yet
             did
             the
             Law
             never
             patronize
             such
             courses
             ,
             
             especially
             if
             the
             death
             of
             the
             party
             suspected
             ensued
             thereupon
             ,
             but
             accounted
             it
             Manslaughter
             .
             And
             the
             end
             of
             this
             Law
             was
             not
             to
             put
             a
             man
             to
             death
             ,
             but
             to
             urge
             him
             to
             confess
             :
             
             and
             so
             Briton
             saith
             ,
             Such
             as
             will
             not
             submit
             to
             Trial
             ,
             shall
             be
             put
             to
             Penance
             till
             he
             shall
             pray
             to
             be
             admitted
             thereunto
             ;
             and
             therefore
             the
             Penance
             then
             used
             was
             such
             as
             did
             not
             necessarily
             infer
             death
             ;
             nor
             was
             it
             a
             final
             Judgement
             in
             the
             Trial
             ,
             but
             onely
             a
             means
             thereto
             :
             and
             therefore
             it
             might
             rather
             consist
             in
             denial
             of
             conveniencies
             ,
             than
             inflicting
             of
             pain
             .
             Now
             in
             what
             cases
             it
             was
             used
             ,
             may
             be
             understood
             from
             the
             manner
             of
             the
             Indictments
             in
             those
             days
             ,
             whereof
             (
             besides
             Appeals
             by
             the
             party
             )
             some
             were
             of
             particular
             fact
             done
             ;
             others
             onely
             of
             a
             Fame
             :
             and
             it
             may
             be
             conceived
             that
             the
             course
             in
             the
             second
             was
             ,
             
             that
             if
             a
             man
             would
             not
             submit
             ,
             but
             would
             
               stand
               mute
            
             ,
             he
             was
             put
             to
             this
             kind
             of
             Imprisonment
             ;
             for
             the
             discovering
             Law
             was
             by
             Henry
             the
             Third
             taken
             away
             .
             But
             if
             the
             Delinquent
             was
             positively
             accused
             of
             a
             Felony
             ,
             and
             thereupon
             indicted
             by
             a
             witness
             of
             the
             Fact
             ,
             and
             then
             if
             the
             Delinquent
             would
             not
             submit
             to
             his
             Trial
             by
             Law
             ,
             in
             such
             case
             the
             final
             Judgement
             was
             to
             die
             ,
             
               Onere
               ,
               fame
               ,
               &c.
            
             because
             in
             the
             one
             was
             a
             Fact
             affirmed
             against
             him
             by
             a
             Witness
             ,
             and
             in
             the
             other
             onely
             a
             Fame
             or
             suspicion
             ,
             
             which
             is
             not
             pregnant
             against
             the
             life
             of
             a
             man.
             But
             this
             manner
             of
             Indictment
             being
             now
             laid
             aside
             ,
             and
             all
             proceedings
             being
             upon
             a
             Fact
             affirmed
             against
             the
             party
             ,
             I
             conceive
             this
             Law
             of
             no
             use
             at
             all
             in
             these
             days
             .
          
           
             Bail
             shall
             not
             be
             allowed
             to
             Outlaws
             fore-jured
             ,
             
             Thieves
             taken
             in
             the
             act
             ,
             notorious
             Thieves
             ,
             appealed
             persons
             ,
             burners
             of
             Houses
             ,
             breakers
             of
             Prison
             ;
             false
             Coyners
             ,
             counterfeiters
             of
             the
             Broad-seal
             ,
             prisoners
             upon
             excommunication
             ,
             open
             Malefactors
             ,
             and
             Traitors
             against
             the
             King.
             
          
           
             The
             six
             first
             are
             in
             nature
             of
             persons
             attainted
             either
             upon
             their
             own
             confession
             ,
             or
             such
             manifest
             Evidence
             as
             in
             common
             reason
             cannot
             be
             gainsaid
             ;
             all
             which
             were
             before
             this
             Law
             under
             bail
             ;
             yea
             the
             last
             of
             all
             ,
             although
             the
             most
             heinous
             of
             all
             ,
             
             was
             in
             the
             same
             condition
             .
             As
             touching
             
               breakers
               of
               Prison
            
             ,
             in
             these
             times
             it
             was
             Felony
             ,
             for
             what
             cause
             soever
             they
             were
             committed
             ;
             and
             therefore
             their
             imprisonment
             was
             without
             bail
             :
             for
             whoso
             makes
             no
             Conscience
             of
             breaking
             the
             Prison
             ,
             his
             credit
             will
             little
             avail
             .
             Yet
             it
             must
             be
             acknowledged
             ,
             that
             the
             Law
             imprisoned
             few
             without
             bail
             in
             those
             foregoing
             times
             ,
             but
             in
             case
             of
             Felony
             or
             Execution
             :
             but
             afterward
             the
             cases
             of
             commitment
             being
             ordinary
             ,
             even
             in
             matters
             of
             mean
             process
             ,
             and
             because
             mens
             credits
             waxing
             weak
             by
             the
             weakness
             of
             their
             Estates
             ,
             now
             wasted
             by
             the
             Civil
             Wars
             ;
             therefore
             in
             Edward
             the
             Second's
             time
             a
             Law
             was
             made
             to
             restrain
             the
             Felony
             in
             such
             cases
             ,
             onely
             to
             the
             
               breach
               of
               Prison
               by
               such
               as
               were
               committed
               for
               Felony
               .
            
             And
             as
             touching
             Imprisonment
             upon
             Excommunication
             ,
             it
             is
             manifest
             ,
             that
             within
             five
             years
             before
             the
             making
             of
             this
             Law
             ,
             
             it
             was
             complained
             that
             such
             were
             set
             at
             liberty
             by
             the
             King
             's
             Writ
             
               de
               homine
               replegiando
            
             ,
             without
             the
             Bishop's
             consent
             .
             But
             now
             the
             Clergie
             had
             gotten
             the
             day
             of
             the
             Law
             ,
             which
             did
             much
             decline
             from
             that
             guard
             of
             imprisonment
             ,
             but
             hated
             perpetual
             imprisonment
             .
             Nor
             was
             this
             complaint
             grounded
             upon
             any
             other
             Law
             than
             that
             of
             the
             Canon
             ;
             for
             the
             Common
             Law
             ever
             held
             the
             supreme
             cognizance
             of
             Excommunication
             within
             its
             own
             power
             ,
             as
             upon
             the
             Writ
             
               de
               quare
               excommunicato
            
             may
             appear
             .
             Other
             crimes
             are
             yet
             also
             by
             this
             Law
             allowed
             bail
             ,
             such
             as
             are
             persons
             indicted
             of
             Larceny
             ,
             before
             Sheriffs
             ,
             &c.
             persons
             imprisoned
             upon
             slight
             grounds
             ,
             Receivers
             ,
             and
             Accessories
             before
             Felony
             ,
             Trespassers
             ,
             persons
             appealed
             by
             provers
             ,
             after
             the
             death
             of
             the
             approvers
             .
             If
             bail
             be
             granted
             otherwise
             than
             the
             Law
             alloweth
             ,
             the
             party
             that
             alloweth
             the
             same
             shall
             be
             fined
             ,
             imprisoned
             ,
             render
             damages
             ,
             or
             forfeit
             his
             place
             ,
             as
             the
             case
             shall
             require
             .
             And
             thus
             the
             iniquity
             of
             the
             times
             was
             so
             great
             ,
             as
             it
             even
             forced
             the
             Subjects
             to
             forgo
             that
             which
             was
             in
             account
             a
             great
             liberty
             ,
             to
             stop
             the
             course
             of
             a
             growing
             mischief
             .
          
           
             Publishers
             of
             false
             News
             ,
             
             whereby
             discord
             or
             slander
             may
             arise
             between
             the
             King
             and
             his
             people
             ,
             shall
             be
             imprisoned
             till
             he
             produce
             the
             Relator
             .
          
           
             It
             is
             therefore
             an
             offence
             against
             the
             Crown
             ,
             to
             procure
             or
             maintain
             an
             ill
             conceit
             in
             the
             King
             of
             the
             people
             ,
             or
             an
             ill
             conceit
             in
             the
             people
             of
             the
             King
             ;
             and
             it
             is
             as
             well
             an
             offence
             against
             the
             Crown
             for
             the
             King
             to
             conceive
             ill
             of
             his
             people
             ,
             as
             for
             them
             of
             him
             .
             But
             all
             must
             be
             grounded
             
             upon
             falshood
             ;
             for
             truth
             respects
             no
             man's
             person
             ;
             and
             all
             men
             are
             equally
             bound
             by
             the
             woe
             ,
             
               if
               they
               call
               good
               evil
               ,
               or
               evil
               good
            
             ;
             although
             difference
             must
             be
             made
             in
             the
             manner
             of
             representation
             .
             And
             upon
             this
             ground
             of
             maintaining
             strife
             ,
             
             was
             a
             Law
             made
             also
             against
             Conspiracy
             to
             make
             or
             maintain
             Indictment
             ,
             Suit
             ,
             or
             Quarrel
             ;
             and
             it
             was
             likewise
             finable
             .
          
           
             Redisseisors
             and
             postdisseisors
             found
             upon
             verdict
             before
             the
             Sheriff
             ,
             
             Coroners
             ,
             and
             Knights
             ,
             shall
             be
             imprisoned
             .
          
           
             Formerly
             Redisseisin
             was
             under
             no
             other
             Law
             than
             that
             of
             Desseisin
             ,
             but
             by
             this
             Law
             made
             a
             matter
             belonging
             to
             the
             Crown
             ,
             and
             tried
             before
             the
             same
             Judges
             that
             had
             the
             power
             of
             enquiry
             of
             all
             offences
             against
             the
             Crown
             .
             
             The
             penalty
             of
             imprisonment
             in
             this
             case
             ,
             was
             to
             be
             without
             bail
             ,
             but
             onely
             by
             the
             King
             's
             Writ
             
               de
               homine
               replegiando
            
             ;
             and
             yet
             even
             thus
             the
             penalty
             was
             not
             sufficient
             to
             restrain
             the
             offence
             ,
             and
             therefore
             a
             Law
             was
             made
             to
             abridge
             the
             power
             of
             that
             Writ
             ,
             
             as
             touching
             such
             offender
             ;
             and
             they
             became
             irremediable
             as
             touching
             their
             liberty
             by
             that
             Writ
             ;
             besides
             that
             upon
             recovery
             had
             against
             them
             they
             lost
             double
             damages
             .
          
           
             Trespassers
             in
             Parks
             and
             Fish-ponds
             convicted
             within
             a
             year
             and
             a
             day
             ,
             
             shall
             render
             damages
             ,
             suffer
             imprisonment
             for
             three
             years
             ,
             and
             give
             security
             of
             good
             behaviour
             for
             time
             to
             come
             .
             If
             any
             Beasts
             be
             taken
             in
             a
             felonious
             manner
             ,
             he
             shall
             be
             proceeded
             against
             as
             a
             Robber
             .
          
           
             From
             the
             times
             of
             King
             Steven
             ,
             the
             Lords
             and
             great
             men
             endeavoured
             to
             advance
             their
             power
             and
             greatness
             so
             high
             above
             the
             meaner
             sort
             of
             
               Free
               men
            
             ,
             as
             they
             made
             Kings
             continually
             jealous
             of
             their
             power
             .
             Castles
             had
             been
             a
             bone
             of
             long
             contention
             between
             them
             ,
             but
             they
             being
             for
             the
             most
             part
             taken
             away
             ,
             the
             strife
             was
             about
             Prisons
             ,
             and
             power
             to
             imprison
             offenders
             ;
             and
             that
             also
             after
             much
             opposition
             they
             laid
             aside
             .
             Yet
             the
             violence
             of
             these
             times
             being
             such
             ,
             as
             (
             though
             Felonies
             were
             somewhat
             dreaded
             )
             Trepasses
             of
             the
             highest
             nature
             were
             little
             regarded
             ,
             such
             as
             were
             riotous
             hunting
             in
             their
             Parks
             ,
             and
             fishing
             in
             their
             Waters
             ;
             The
             Lords
             and
             great
             men
             made
             it
             their
             last
             request
             ,
             that
             at
             least
             in
             such
             cases
             
               they
               might
               have
               power
               to
               imprison
               such
               as
               they
               found
               so
               trespassing
            
             ;
             but
             this
             was
             also
             denied
             them
             ,
             
             though
             by
             Henry
             the
             Third
             in
             his
             first
             time
             ,
             when
             as
             yet
             the
             Government
             was
             not
             worsted
             by
             projects
             of
             Arbitrary
             power
             ,
             or
             corrupt
             Counsels
             of
             Forreigners
             ,
             nor
             himself
             a
             man
             able
             to
             sway
             with
             the
             Lords
             in
             matters
             that
             were
             of
             doubtful
             prerogative
             .
             And
             to
             speak
             indifferently
             ,
             it
             is
             better
             for
             the
             Liberty
             of
             the
             Subject
             ,
             that
             the
             power
             of
             imprisonment
             should
             be
             regulated
             onely
             by
             the
             Kings
             Writ
             ordered
             by
             Law
             ,
             than
             by
             the
             Warrants
             of
             great
             men
             ,
             especially
             in
             their
             own
             cases
             ;
             and
             therefore
             in
             this
             matter
             the
             Kings
             Prerogative
             was
             a
             patron
             to
             the
             
               Free
               mens
               liberty
            
             .
             Nevertheless
             ,
             these
             great
             men
             give
             not
             thus
             over
             their
             game
             :
             for
             though
             in
             times
             of
             publick
             calamities
             ,
             little
             place
             is
             left
             for
             pleasure
             to
             any
             man
             ;
             yet
             when
             times
             are
             grown
             to
             more
             quiet
             ,
             pleasure
             revives
             ,
             and
             the
             great
             men
             renew
             their
             motion
             :
             and
             though
             they
             could
             not
             obtain
             prisons
             to
             their
             own
             use
             ,
             as
             they
             endeavoured
             at
             the
             meeting
             at
             Merton
             ;
             yet
             now
             they
             obtain
             the
             
               Kings
               prisons
            
             to
             the
             use
             of
             a
             Law
             that
             
             was
             as
             good
             as
             their
             own
             ,
             and
             thereby
             satisfied
             their
             own
             displeasure
             for
             the
             loss
             of
             their
             pleasure
             .
             And
             yet
             this
             Law
             sufficed
             them
             not
             ,
             but
             they
             obtain
             a
             further
             priviledge
             ,
             
             that
             such
             persons
             as
             are
             found
             so
             trespassing
             ,
             and
             refusing
             to
             submit
             ,
             may
             be
             killed
             without
             peril
             of
             Felony
             .
          
        
         
           
             CHAP.
             LXX
             .
             Of
             the
             Militia
             during
             these
             Kings
             Reigns
             .
          
           
             THe
             Souldiery
             of
             England
             may
             be
             considered
             ,
             First
             ,
             in
             regard
             of
             the
             Persons
             .
             Secondly
             ,
             their
             Arms.
             Thirdly
             ,
             their
             Service
             .
             The
             persons
             were
             as
             formerly
             ,
             not
             onely
             such
             as
             were
             milites
             ,
             or
             Tenants
             in
             Knight-service
             ,
             but
             also
             such
             as
             served
             at
             the
             Plough
             ;
             and
             concerning
             them
             both
             ,
             it
             is
             to
             be
             considered
             what
             the
             Law
             made
             by
             Edw.
             the
             2
             d.
             holdeth
             forth
             .
          
           
             All
             such
             as
             ought
             to
             be
             Knights
             and
             are
             not
             ,
             shall
             be
             distrained
             to
             undertake
             the
             weapons
             of
             Knighthood
             ,
             if
             they
             shew
             not
             cause
             to
             the
             contrary
             .
          
           
             Regularly
             all
             Tenants
             by
             Knight-service
             ought
             to
             be
             Knights
             ,
             but
             
               de
               facto
            
             were
             not
             ;
             so
             as
             in
             these
             times
             there
             was
             a
             further
             work
             to
             make
             a
             man
             a
             Knight
             than
             his
             bare
             Tenure
             ;
             for
             such
             onely
             were
             
               milites
               facti
            
             ,
             who
             had
             both
             Lands
             sufficient
             to
             maintain
             the
             Arms
             and
             state
             of
             a
             Knight
             ,
             and
             also
             a
             body
             fit
             to
             undertake
             the
             service
             in
             his
             own
             person
             ,
             and
             whereof
             he
             had
             given
             sufficient
             proof
             the
             field
             .
             Others
             that
             had
             Land
             ,
             either
             had
             not
             sufficient
             maintenance
             ,
             or
             not
             habiliments
             of
             person
             ,
             and
             as
             not
             expected
             were
             laid
             aside
             ;
             of
             this
             sort
             were
             many
             ,
             by
             reason
             of
             the
             late
             Civil
             Wars
             ,
             in
             which
             they
             had
             much
             impaired
             both
             their
             bodies
             and
             Estates
             .
             This
             rendred
             the
             strength
             of
             the
             Kingdom
             and
             Militia
             so
             much
             decayed
             ,
             and
             the
             minds
             of
             men
             so
             wearied
             ,
             that
             they
             began
             to
             love
             ease
             before
             the
             times
             would
             brook
             it
             ,
             and
             a
             cessation
             from
             Arms
             before
             they
             had
             any
             mind
             to
             peace
             .
             The
             Parliament
             espyed
             the
             danger
             ,
             and
             how
             necessary
             it
             was
             for
             the
             people
             to
             be
             well
             armed
             in
             these
             times
             of
             general
             broil
             ;
             and
             upon
             that
             ground
             allowed
             this
             Law
             to
             pass
             ;
             
               That
               all
               such
               as
               had
               Lands
               worth
            
             20
             l.
             
               yearly
               besides
               Reprizals
               ,
               should
               be
               ready
            
             (
             not
             to
             be
             Knights
             ,
             nor
             ,
             under
             the
             favour
             of
             others
             ,
             is
             there
             any
             ancient
             precedent
             to
             warrant
             it
             ,
             but
             )
             
               to
               find
               ,
               or
               to
               enter
               into
               the
               field
               with
               the
               Arms
               of
               a
               Knight
               ,
               or
               to
               provide
               some
               able
               person
               to
               serve
               in
               their
               stead
               ,
               unless
               they
               were
               under
               21
               years
               of
               age
               ,
               and
               so
               not
               grown
               up
               to
               full
               strength
               of
               body
               ;
               nor
               their
               Lands
               in
               their
               own
               possession
               ,
               but
               in
               custody
               of
               their
               Lords
               or
               Guardians
               .
            
             Nevertheless
             ,
             of
             such
             as
             were
             grown
             to
             full
             age
             ,
             yet
             were
             
               maimed
               ,
               impotent
            
             ,
             or
             of
             
               mean
               estate
            
             ,
             and
             Tenants
             by
             service
             of
             a
             Knight
             ,
             it
             was
             had
             into
             a
             way
             of
             moderation
             ,
             and
             ordered
             that
             such
             should
             pay
             a
             
               reasonable
               fine
            
             for
             respit
             of
             such
             service
             ;
             nor
             further
             as
             concerning
             〈◊〉
             persons
             were
             they
             bound
             .
             But
             as
             touching
             such
             that
             were
             under
             present
             onely
             ,
             and
             not
             perpetual
             disabilities
             of
             body
             upon
             them
             incumbent
             ,
             as
             often
             as
             occasion
             called
             ,
             they
             served
             by
             their
             deputies
             or
             servants
             :
             all
             which
             was
             grounded
             not
             onely
             upon
             the
             Law
             of
             Henry
             the
             Second
             ,
             but
             also
             upon
             common
             right
             of
             Tenure
             .
          
           
             The
             Arms
             that
             these
             men
             were
             to
             finde
             ,
             are
             said
             to
             be
             those
             belonging
             to
             a
             Knight
             ;
             which
             were
             partly
             for
             defence
             ,
             and
             partly
             for
             offence
             .
             Of
             
             the
             first
             sort
             were
             the
             Shield
             ,
             the
             Helmet
             ,
             the
             Hauberk
             ,
             or
             Breast-plate
             ,
             or
             
               Coat
               of
               Mail
            
             ;
             of
             the
             second
             sort
             were
             the
             
               Sword
               and
               Lance
            
             :
             and
             unto
             all
             a
             Horse
             must
             be
             provided
             .
             These
             Arms
             ,
             especially
             the
             defensive
             ,
             have
             been
             formerly
             under
             alteration
             ;
             for
             the
             Breast-plate
             could
             not
             be
             worn
             with
             the
             
               Coat
               of
               Mail
            
             ,
             and
             therefore
             must
             be
             used
             as
             occasion
             was
             provided
             of
             either
             :
             and
             for
             this
             cause
             the
             service
             of
             a
             Knight
             is
             called
             by
             several
             names
             ;
             sometimes
             from
             the
             Horse
             ,
             sometimes
             from
             the
             Lance
             ,
             sometimes
             from
             the
             Helmet
             ,
             and
             not
             seldom
             from
             the
             
               Coat
               of
               Mail.
            
             
          
           
             The
             power
             of
             immediate
             command
             ,
             or
             calling
             forth
             the
             Knights
             to
             their
             service
             ,
             in
             its
             own
             nature
             was
             but
             ministerial
             ,
             and
             subservient
             to
             that
             power
             that
             ordered
             War
             to
             be
             levied
             :
             and
             therefore
             ,
             as
             in
             the
             first
             Saxon
             Government
             under
             their
             Princes
             in
             Germany
             ,
             so
             after
             ,
             
             under
             their
             Kings
             ,
             War
             was
             never
             resolved
             upon
             ,
             but
             if
             it
             were
             defensive
             ,
             it
             was
             by
             the
             Council
             of
             Lords
             ;
             if
             offensive
             ,
             by
             the
             general
             Vote
             of
             the
             Grand
             Council
             of
             the
             Kingdom
             .
             So
             by
             vertue
             of
             such
             Order
             ,
             either
             from
             the
             Council
             of
             Lords
             ,
             or
             Grand
             Council
             ,
             the
             Knights
             were
             called
             forth
             to
             War
             ,
             and
             others
             ,
             as
             the
             case
             required
             ,
             summoned
             to
             a
             rendezvouze
             :
             and
             this
             instrumental
             power
             regularly
             rested
             in
             the
             Lords
             ,
             to
             whom
             such
             service
             was
             due
             ;
             and
             the
             Lords
             were
             summoned
             by
             the
             Lord
             Paramount
             ,
             as
             chief
             of
             the
             Fee
             ,
             of
             which
             their
             Tenants
             were
             holden
             ,
             and
             not
             as
             King
             or
             chief
             Captain
             in
             the
             Field
             :
             for
             they
             were
             not
             raised
             by
             Proclamation
             ,
             but
             by
             Summons
             〈◊〉
             forth
             to
             the
             Sheriff
             ,
             with
             distress
             ;
             and
             this
             onely
             against
             such
             as
             were
             within
             his
             own
             Fee
             ,
             and
             held
             of
             the
             Crown
             .
             The
             King
             therefore
             might
             have
             many
             Knights
             at
             his
             command
             ,
             but
             the
             Lords
             more
             ;
             and
             if
             those
             Lords
             failed
             in
             their
             due
             correspondency
             with
             the
             King
             ,
             all
             those
             of
             the
             inferiour
             Orb
             were
             carried
             away
             after
             them
             :
             so
             the
             King
             is
             left
             to
             shift
             for
             himself
             as
             well
             as
             he
             can
             .
             And
             this
             might
             be
             occasioned
             not
             onely
             from
             their
             Tenures
             ,
             by
             which
             they
             stood
             obliged
             to
             the
             inferiour
             Lords
             ,
             but
             probably
             much
             more
             by
             their
             popularity
             ,
             which
             was
             more
             prevalent
             ,
             by
             how
             much
             Kings
             looked
             upon
             the
             Commons
             at
             a
             further
             distance
             in
             those
             days
             ,
             than
             in
             after-times
             ,
             when
             the
             Commons
             interposed
             intentively
             in
             the
             publick
             Government
             .
             And
             thus
             the
             Horse-men
             of
             England
             becoming
             less
             constant
             in
             adhering
             to
             their
             Soveraign
             in
             the
             Field
             ,
             occasioned
             Kings
             to
             betake
             themselves
             to
             their
             Foot
             ,
             and
             to
             form
             the
             strength
             of
             their
             Battels
             wholly
             in
             them
             ,
             and
             themselves
             on
             foot
             to
             engage
             with
             them
             .
          
           
             One
             point
             of
             liberty
             these
             Souldiers
             by
             Tenure
             had
             ,
             which
             made
             their
             service
             not
             altogether
             servile
             ;
             and
             that
             was
             ,
             that
             their
             service
             in
             the
             Field
             was
             neither
             indefinite
             ,
             nor
             infinite
             ,
             but
             circumscribed
             by
             place
             ,
             time
             ,
             and
             end
             .
             The
             time
             of
             their
             service
             for
             the
             continuance
             of
             it
             was
             for
             a
             set
             time
             ,
             if
             it
             were
             at
             their
             own
             charges
             :
             and
             although
             some
             had
             a
             shorter
             time
             ,
             yet
             the
             general
             sort
             were
             restained
             to
             
               forty
               days
            
             .
             For
             the
             Courage
             of
             those
             times
             consisted
             not
             in
             wearying
             and
             wasting
             the
             Souldier
             in
             the
             Field
             by
             delays
             ,
             and
             long
             work
             in
             wheeling
             about
             and
             retiring
             ,
             but
             in
             playing
             their
             prizes
             like
             two
             Combatants
             of
             resolution
             to
             get
             Victory
             by
             Valour
             ,
             or
             to
             die
             .
             If
             upon
             extraordinary
             occasions
             the
             War
             continued
             longer
             ,
             then
             the
             Tenant
             served
             upon
             the
             pay
             of
             the
             common
             Purse
             .
             The
             end
             of
             the
             service
             of
             the
             Tenant
             (
             viz.
             their
             Lord's
             defence
             in
             the
             defence
             of
             the
             Kingdom
             )
             stinted
             their
             work
             within
             certain
             bounds
             of
             place
             ,
             beyond
             which
             they
             were
             not
             to
             be
             drawn
             ,
             unless
             of
             their
             own
             accord
             :
             And
             these
             were
             the
             borders
             of
             the
             Dominion
             of
             the
             Crown
             of
             England
             ,
             which
             in
             those
             days
             extended
             into
             Scotland
             on
             the
             North
             ,
             and
             into
             a
             great
             part
             of
             France
             on
             the
             South
             .
             And
             therefore
             the
             Earl-Marshal
             of
             England
             
             (
             being
             by
             Edward
             the
             first
             commanded
             by
             vertue
             of
             his
             Tenure
             to
             attend
             in
             person
             upon
             the
             Standart
             under
             his
             Lieutenant
             that
             then
             was
             to
             be
             sent
             into
             Flanders
             ,
             which
             was
             no
             part
             of
             the
             Dominion
             of
             England
             )
             refused
             ;
             and
             notwithstanding
             the
             King's
             threats
             to
             hang
             him
             ,
             yet
             he
             persisted
             ,
             saying
             ,
             
               He
               would
               neither
               go
               nor
               hang.
            
             Not
             onely
             because
             the
             Tenants
             by
             Knight-service
             are
             bound
             to
             the
             defence
             of
             their
             Lord's
             persons
             ,
             and
             not
             of
             their
             Lieutenants
             ;
             but
             principally
             because
             they
             are
             to
             serve
             for
             the
             safety
             and
             defence
             of
             the
             Kingdom
             :
             and
             therefore
             ought
             not
             to
             be
             drawn
             into
             foreign
             Countries
             .
             Nor
             did
             the
             Earl-Marshal
             onely
             this
             ,
             but
             many
             others
             also
             ,
             both
             Knights
             and
             Knights
             fellows
             ,
             having
             twenty
             pounds
             
               per
               Annum
            
             ;
             for
             all
             these
             with
             their
             Arms
             were
             summoned
             to
             serve
             under
             the
             King's
             pay
             in
             Flanders
             .
             
             I
             say
             ,
             multitudes
             of
             them
             refused
             to
             serve
             ,
             and
             afterwards
             joyned
             with
             the
             rest
             of
             the
             Commons
             in
             a
             Petition
             to
             the
             King
             ,
             and
             complained
             of
             that
             Summons
             as
             of
             a
             common
             Grievance
             ,
             because
             that
             neither
             they
             nor
             their
             Ancestors
             were
             bound
             to
             serve
             the
             King
             in
             that
             Country
             :
             and
             they
             obtained
             the
             King's
             discharge
             under
             his
             broad
             Seal
             accordingly
             .
             The
             like
             whereunto
             may
             be
             warranted
             out
             of
             the
             very
             words
             of
             the
             Statute
             of
             Mortmain
             ,
             which
             was
             made
             within
             the
             compass
             of
             these
             times
             ;
             
             by
             which
             it
             was
             provided
             ,
             That
             in
             case
             Lands
             be
             aliened
             contrary
             to
             that
             Statute
             ,
             and
             the
             immediate
             Lords
             do
             not
             seize
             the
             same
             ,
             〈◊〉
             King
             shall
             seize
             them
             ,
             and
             dispose
             them
             for
             the
             defence
             of
             the
             Kingdom
             ,
             viz.
             upon
             such
             services
             reserved
             as
             shall
             suit
             therewith
             :
             as
             if
             all
             the
             service
             of
             a
             Knight
             must
             conduce
             thereto
             ;
             and
             that
             he
             is
             no
             further
             bound
             to
             any
             service
             of
             his
             Lord
             ,
             than
             will
             consist
             with
             the
             safety
             of
             the
             Kingdom
             .
             This
             was
             the
             Doctrine
             that
             the
             sad
             experience
             of
             the
             latter
             Government
             of
             Kings
             in
             these
             times
             ,
             had
             taught
             the
             Knighthood
             of
             England
             to
             hold
             for
             the
             future
             Ages
             .
          
           
             No
             Tenant
             in
             ancient
             Demesnes
             ,
             
             or
             in
             Burgage
             ,
             shall
             be
             distrained
             for
             the
             service
             of
             a
             Knight
             .
          
           
             Clerks
             and
             Tenants
             in
             Socage
             of
             other
             Mannors
             than
             of
             the
             King
             ,
             shall
             be
             used
             as
             they
             have
             been
             formerly
             .
          
           
             Tenants
             in
             
               ancient
               Demesne
            
             ,
             and
             Tenants
             in
             Burgage
             ,
             are
             absolutely
             acquitted
             from
             foreign
             service
             ;
             the
             one
             ,
             because
             they
             are
             in
             nature
             of
             the
             King's
             Husbandmen
             ,
             and
             served
             him
             and
             his
             Family
             with
             Victual
             ;
             the
             other
             ,
             because
             by
             their
             Tenure
             they
             were
             bound
             to
             the
             defence
             of
             their
             Burrough
             ,
             which
             in
             account
             is
             a
             Limb
             or
             Member
             of
             the
             Kingdom
             ,
             and
             so
             in
             nature
             of
             a
             
               Castle
               guard
            
             .
             Now
             as
             touching
             Clerks
             and
             Tenants
             in
             Socage
             holding
             of
             a
             Subject
             ,
             they
             are
             left
             to
             the
             order
             of
             ancient
             use
             appearing
             upon
             Record
             .
             As
             concerning
             the
             Clergy
             ,
             it
             is
             evident
             by
             what
             hath
             been
             formerly
             noted
             ,
             that
             though
             they
             were
             importunate
             to
             be
             discharged
             of
             the
             service
             Military
             ,
             in
             regard
             that
             their
             profession
             was
             for
             Peace
             ,
             and
             not
             for
             Bloud
             ;
             yet
             could
             they
             never
             obtain
             their
             desire
             :
             for
             though
             their
             persons
             might
             challenge
             exemption
             from
             that
             work
             ,
             yet
             their
             Lands
             were
             bound
             to
             find
             Arms
             by
             their
             Deputies
             ;
             for
             otherwise
             it
             had
             been
             unreasonable
             ,
             that
             so
             great
             a
             part
             of
             the
             Kingdom
             as
             the
             Clergie
             then
             had
             ,
             should
             sit
             still
             and
             look
             on
             ,
             whilst
             by
             the
             Law
             of
             Nature
             every
             one
             is
             engaged
             in
             his
             own
             defence
             .
             Nor
             yet
             did
             the
             profession
             of
             these
             men
             to
             be
             
               men
               for
               Peace
            
             ,
             hold
             always
             uniform
             :
             some
             kind
             of
             Wars
             then
             were
             holden
             sacred
             ,
             and
             wherein
             they
             not
             onely
             adventured
             their
             Estates
             ,
             but
             even
             their
             own
             Persons
             ;
             and
             these
             not
             onely
             in
             a
             defensive
             way
             ,
             but
             by
             way
             of
             invasion
             ,
             
             and
             many
             times
             where
             no
             need
             was
             for
             them
             to
             appear
             .
             Tenants
             in
             Socage
             also
             ,
             in
             regard
             of
             their
             service
             ,
             might
             plead
             exemption
             from
             the
             Wars
             :
             for
             if
             not
             the
             Plough
             must
             stand
             still
             ,
             and
             the
             Land
             thereby
             become
             poor
             and
             lean
             .
             Nevertheless
             ,
             a
             general
             service
             or
             defence
             of
             the
             Kingdom
             is
             imposed
             upon
             all
             ;
             and
             Husbandmen
             must
             be
             Souldiers
             ,
             when
             the
             debate
             is
             ,
             who
             shall
             have
             the
             Land.
             In
             such
             cases
             therefore
             they
             are
             
               evocati
               ad
               arma
            
             ,
             to
             maintain
             and
             defend
             the
             Kingdom
             ,
             but
             not
             compellable
             to
             foreign
             service
             ,
             as
             the
             Knights
             were
             ,
             whose
             service
             consisted
             much
             in
             defence
             of
             their
             Lord's
             person
             ,
             in
             reference
             to
             the
             defence
             of
             the
             Kingdom
             ;
             and
             many
             times
             policy
             of
             War
             drew
             the
             Lords
             into
             Arms
             abroad
             ,
             to
             keep
             the
             Enemy
             further
             from
             their
             borders
             ,
             and
             the
             Knights
             then
             under
             their
             Lords
             pay
             went
             along
             with
             them
             :
             and
             therefore
             the
             service
             of
             Knighthood
             is
             commonly
             called
             
               servitium
               forinsecum
            
             .
             Of
             these
             Socagers
             did
             arise
             ,
             not
             onely
             the
             body
             of
             
               English
               Foot-men
            
             in
             their
             Armies
             ,
             
             but
             the
             better
             and
             more
             wealthy
             sort
             of
             them
             found
             Arms
             of
             a
             Knight
             ,
             as
             formerly
             hath
             been
             observed
             ,
             yet
             always
             under
             the
             pay
             of
             the
             common
             Purse
             .
             And
             if
             called
             out
             of
             the
             Kingdom
             ,
             they
             were
             meer
             Voluntiers
             ;
             for
             they
             were
             not
             called
             out
             by
             distress
             as
             Knights
             were
             ,
             because
             they
             held
             not
             their
             Land
             by
             such
             service
             ;
             but
             they
             were
             summoned
             by
             Proclamation
             ,
             and
             probably
             were
             mustered
             by
             the
             high
             Constables
             in
             each
             Hundred
             ;
             the
             Law
             nevertheless
             remaining
             still
             entire
             ,
             that
             all
             must
             be
             done
             not
             onely
             
               ad
               fidem
               Domini
               Regis
            
             ,
             but
             also
             Regni
             ;
             which
             was
             disputed
             and
             concluded
             by
             the
             Sword.
             For
             though
             Kings
             pretended
             danger
             to
             the
             publick
             oftentimes
             to
             raise
             the
             people
             ;
             yet
             the
             people
             would
             give
             credit
             as
             they
             pleased
             .
             Or
             if
             the
             King's
             Title
             were
             in
             question
             ,
             or
             the
             Peoples
             Liberty
             ,
             yet
             every
             man
             took
             liberty
             to
             side
             with
             that
             party
             that
             liked
             him
             best
             ;
             nor
             did
             the
             King's
             Proclamation
             sway
             much
             this
             or
             that
             way
             .
          
           
             It
             is
             true
             ,
             that
             precedents
             of
             those
             times
             cry
             up
             the
             King's
             power
             of
             arraying
             all
             Ships
             and
             men
             without
             respect
             ,
             unless
             of
             age
             ,
             or
             corporal
             disability
             ;
             but
             it
             will
             appear
             that
             no
             such
             array
             was
             ,
             but
             in
             time
             of
             no
             less
             known
             danger
             from
             abroad
             to
             the
             Kingdom
             ,
             than
             imminent
             ;
             and
             therefore
             might
             be
             wrought
             more
             from
             the
             general
             fear
             of
             the
             Enemy
             ,
             than
             from
             the
             King's
             command
             :
             And
             yet
             those
             times
             were
             always
             armed
             in
             neighbouring
             Nations
             ,
             and
             Kings
             might
             have
             pretended
             continual
             cause
             of
             arraying
             .
             Secondly
             ,
             it
             will
             no
             less
             clearly
             appear
             ,
             that
             Kings
             used
             no
             such
             course
             ,
             but
             in
             case
             of
             general
             danger
             to
             the
             whole
             Kingdom
             ,
             either
             from
             foreign
             Invasion
             ,
             
             as
             in
             the
             times
             of
             King
             John
             ,
             or
             from
             intestine
             Broils
             ,
             as
             in
             the
             times
             of
             Henry
             the
             third
             ,
             and
             the
             two
             Edwards
             successively
             .
             And
             if
             the
             danger
             threatned
             onely
             one
             coast
             ,
             the
             array
             was
             limited
             onely
             to
             the
             parts
             adjacent
             thereunto
             .
             Thirdly
             ,
             it
             seemeth
             that
             general
             arrays
             were
             not
             levied
             by
             distress
             ,
             
             till
             the
             time
             of
             Edward
             the
             first
             ,
             and
             then
             onely
             for
             the
             rendezvouze
             at
             the
             next
             Sea-coast
             ,
             and
             for
             defence
             against
             foreign
             Invasion
             ;
             in
             which
             case
             all
             Subjects
             of
             the
             Kingdom
             are
             concerned
             by
             general
             service
             :
             otherwise
             it
             can
             come
             unto
             no
             other
             account
             than
             that
             Title
             Prerogative
             ,
             and
             therein
             be
             charactered
             as
             a
             trick
             above
             the
             ordinary
             strain
             .
             Fourthly
             ,
             those
             times
             brought
             forth
             no
             general
             array
             of
             all
             persons
             between
             the
             ages
             of
             sixteen
             years
             and
             sixty
             ,
             that
             was
             made
             by
             distress
             in
             any
             case
             of
             Civil
             War
             ,
             but
             onely
             by
             Sheriffs
             summons
             ;
             and
             in
             case
             of
             disobedience
             ,
             by
             summons
             to
             appear
             before
             the
             King
             and
             his
             Council
             :
             which
             sheweth
             ,
             that
             by
             the
             common
             Law
             they
             were
             not
             compellable
             or
             punishable
             .
             Lastly
             ,
             though
             these
             arrays
             of
             men
             were
             sometimes
             at
             the
             charge
             of
             the
             King
             ,
             and
             sometimes
             at
             the
             Subjects
             own
             charge
             ,
             yet
             that
             last
             was
             out
             of
             the
             road-way
             of
             the
             Subjects
             liberty
             ,
             as
             the
             subsequent
             times
             do
             fully
             
             manifest
             .
             And
             the
             like
             may
             be
             said
             of
             arrays
             of
             Ships
             ,
             which
             however
             under
             command
             of
             Kings
             for
             publick
             service
             ,
             were
             nevertheless
             rigged
             and
             paid
             out
             of
             the
             publick
             charge
             .
             The
             sum
             of
             all
             will
             be
             ,
             that
             in
             cases
             of
             defence
             from
             foreign
             Invasion
             .
             Kings
             had
             power
             of
             array
             according
             to
             the
             order
             of
             Law
             ;
             if
             they
             exceeded
             that
             Rule
             ,
             it
             may
             be
             more
             rightly
             said
             ,
             they
             did
             what
             they
             would
             ,
             than
             what
             they
             ought
             .
          
        
         
           
             CHAP.
             LXXI
             .
             Of
             the
             Peace
             .
          
           
             WAR
             and
             Peace
             are
             two
             births
             by
             several
             venters
             ,
             and
             may
             like
             the
             day
             and
             night
             succeed
             ,
             but
             can
             never
             inherit
             each
             to
             other
             ;
             and
             for
             that
             cause
             they
             may
             claim
             to
             belong
             to
             one
             Father
             ,
             and
             that
             one
             and
             the
             same
             power
             should
             act
             in
             both
             :
             and
             yet
             it
             is
             no
             good
             Maxime
             ,
             That
             he
             that
             is
             the
             chief
             Commander
             in
             War
             ,
             ought
             to
             be
             the
             chief
             in
             the
             order
             of
             Peace
             .
             For
             it
             naturally
             befalls
             that
             War
             ,
             especially
             that
             which
             we
             call
             
               Civil
               War
            
             ,
             like
             some
             diseases
             in
             the
             body
             ,
             does
             rather
             breed
             ill
             humours
             than
             consume
             them
             ;
             and
             these
             must
             be
             purged
             by
             dieting
             the
             State
             ,
             and
             constant
             course
             of
             Justice
             ,
             unto
             which
             the
             rugged
             Waves
             of
             War
             have
             little
             or
             no
             affinity
             ,
             if
             they
             have
             not
             enmity
             .
             Nevertheless
             ,
             the
             wisdom
             of
             our
             Ancestors
             thought
             it
             most
             meet
             to
             keep
             their
             Kings
             in
             work
             ,
             as
             well
             in
             time
             of
             Peace
             ,
             as
             of
             War
             ;
             and
             therefore
             as
             they
             anciently
             referred
             the
             principal
             care
             thereof
             to
             the
             Lords
             ,
             who
             together
             with
             certain
             select
             persons
             in
             every
             County
             ,
             did
             administer
             Justice
             in
             several
             Iters
             or
             Circuits
             :
             so
             when
             Kings
             had
             once
             gotten
             the
             name
             of
             being
             chief
             in
             civil
             affairs
             ,
             as
             they
             had
             it
             in
             martial
             ;
             they
             soon
             left
             the
             Lords
             behind
             them
             (
             who
             also
             were
             willing
             enough
             with
             their
             own
             case
             )
             and
             had
             the
             name
             of
             doing
             all
             ,
             notwithstanding
             it
             was
             done
             by
             advice
             of
             the
             Lords
             ,
             and
             directory
             of
             Ministers
             ,
             or
             Commissioners
             thereto
             deputed
             ,
             And
             thus
             that
             Peace
             which
             formerly
             passed
             under
             the
             Titles
             of
             
               Pax
               Domini
               ,
               pax
               Vicecomitis
            
             ,
             which
             is
             
               pax
               Regni
            
             ,
             became
             by
             eminency
             swallowed
             up
             in
             that
             which
             was
             called
             the
             
               Kings
               Peace
            
             ;
             and
             the
             Justices
             called
             the
             
               Kings
               Justices
            
             ,
             and
             himself
             flattered
             into
             that
             Title
             of
             
               Fountain
               of
               Justice
            
             ,
             which
             belongeth
             onely
             to
             him
             that
             is
             The
             Most
             High
             or
             Chief
             Law-giver
             .
          
           
             The
             manner
             how
             this
             honourable
             care
             of
             the
             Safety
             and
             Peace
             of
             the
             Kingdom
             was
             employed
             ,
             may
             be
             referred
             to
             a
             double
             consideration
             ;
             the
             one
             in
             execution
             of
             Justice
             upon
             Delinquents
             ,
             the
             other
             in
             preventing
             occasions
             of
             offence
             or
             delinquency
             ,
             by
             means
             whereof
             the
             
               publick
               Peace
            
             might
             be
             endangered
             .
             The
             first
             was
             acted
             diversly
             according
             to
             the
             present
             sence
             of
             affairs
             ;
             for
             what
             was
             at
             first
             done
             by
             the
             Princes
             in
             their
             Circuits
             ,
             with
             one
             hundred
             of
             the
             Commons
             called
             Comites
             ,
             and
             that
             done
             
               per
               pagos
               ,
               vicosque
            
             ,
             
             was
             afterwards
             done
             by
             itinerant
             Judges
             ,
             sent
             from
             the
             King
             for
             the
             greatest
             matters
             ;
             and
             by
             Lords
             in
             their
             Leets
             ,
             Governours
             or
             chief
             Magistrates
             of
             Towns
             in
             their
             Courts
             ,
             and
             Sheriffs
             in
             their
             Torns
             ,
             as
             
               Judices
               stati
            
             for
             the
             ease
             of
             the
             people
             in
             matters
             of
             less
             moment
             .
             I
             say
             ,
             I
             conceive
             it
             was
             in
             the
             Torn
             ;
             for
             I
             suppose
             no
             emergent
             Court
             ,
             taken
             up
             upon
             occasion
             ,
             
             could
             by
             the
             Law
             draw
             a
             necessity
             of
             a
             sudden
             appearance
             of
             all
             above
             twelve
             years
             of
             age
             at
             the
             same
             .
             And
             for
             the
             same
             cause
             it
             seemeth
             ,
             that
             one
             certain
             Torn
             every
             year
             was
             holden
             for
             inquiries
             of
             Homicide
             ,
             unto
             which
             all
             above
             twelve
             years
             of
             age
             were
             to
             come
             ,
             except
             
             
               Barons
               ,
               Clergie
            
             ,
             and
             Women
             ,
             or
             otherwise
             all
             such
             had
             been
             bound
             to
             attendance
             on
             every
             Torn
             .
             Nevertheless
             ,
             the
             work
             of
             the
             Torns
             continued
             not
             to
             hear
             and
             determine
             ,
             as
             anciently
             they
             had
             done
             .
             For
             in
             Henry
             the
             third's
             time
             ,
             
             and
             formerly
             ,
             divers
             men
             had
             Prisons
             to
             their
             own
             use
             ;
             some
             as
             Palatines
             ,
             others
             as
             Lords
             of
             Franchise
             ,
             and
             others
             by
             power
             and
             usurpation
             ,
             and
             had
             the
             benefit
             of
             all
             Fines
             incident
             :
             and
             by
             this
             means
             many
             were
             fined
             that
             deserved
             it
             not
             ,
             and
             some
             also
             that
             deserved
             worse
             .
             
             To
             prevent
             which
             evil
             ,
             Henry
             the
             third
             took
             away
             that
             power
             of
             holding
             Crown-pleas
             :
             And
             Edward
             the
             first
             took
             away
             their
             power
             to
             
               determine
               Escapes
            
             ,
             and
             left
             them
             onely
             the
             power
             of
             inquiry
             ,
             
             and
             to
             certifie
             at
             the
             next
             coming
             of
             the
             Justices
             .
          
           
             But
             these
             injurious
             times
             had
             holden
             too
             long
             to
             be
             forgotten
             ,
             or
             laid
             aside
             by
             such
             cool
             pursuit
             .
             Men
             were
             still
             ordinarily
             imprisoned
             ,
             and
             so
             continued
             oftentimes
             ,
             till
             the
             coming
             of
             the
             Justices
             itinerant
             .
             For
             whereas
             in
             case
             of
             Bloudshed
             ,
             the
             Writ
             
               de
               odio
               &
               atia
            
             was
             a
             remedy
             ;
             the
             other
             had
             no
             remedy
             but
             by
             procuring
             a
             Commission
             of
             Oyer
             and
             Terminer
             ,
             which
             ordinarily
             was
             a
             cure
             worse
             than
             the
             hurt
             .
             As
             a
             remedy
             hereof
             ,
             Edward
             the
             first
             found
             out
             the
             new
             way
             of
             making
             
               Justices
               of
               Peace
            
             ,
             
             as
             may
             appear
             by
             the
             Statute
             at
             Winton
             ;
             which
             Law
             being
             purposely
             made
             for
             the
             conserving
             of
             the
             Peace
             ,
             providing
             for
             penalty
             of
             Crimes
             already
             committed
             (
             as
             well
             as
             for
             the
             suppressing
             of
             future
             )
             ordaineth
             ,
             
               That
               offences
               against
               that
               Law
               shall
               be
               presented
               to
               Justices
               assigned
               to
               enquire
               thereof
            
             ;
             and
             though
             these
             at
             the
             first
             might
             be
             itinerant
             ,
             yet
             it
             soon
             made
             way
             to
             resiant
             .
             And
             before
             that
             Statute
             ,
             it
             seemeth
             the
             King
             had
             found
             out
             the
             way
             ,
             if
             that
             Note
             be
             true
             which
             is
             left
             revived
             into
             memory
             by
             that
             honourable
             Reporter
             ,
             which
             relating
             to
             the
             sixth
             year
             of
             Edward
             the
             first
             ,
             
             saith
             ,
             That
             then
             
               prima
               fuit
               institutio
               justiciariorum
               pro
               pace
               conservanda
               .
            
             And
             yet
             some
             semblance
             there
             is
             ,
             that
             it
             was
             yet
             more
             ancient
             ,
             even
             in
             the
             time
             of
             Henry
             the
             first
             ,
             if
             I
             mistake
             not
             the
             sence
             of
             that
             clause
             in
             his
             Laws
             concerning
             Vagabonds
             ;
             he
             ordereth
             that
             they
             shall
             be
             carried
             
               Justiciae
               quae
               praeest
            
             ,
             
             although
             the
             Language
             be
             not
             so
             Clerkly
             as
             to
             speak
             the
             sence
             out
             .
             Now
             though
             their
             Work
             as
             yet
             was
             but
             in
             tryal
             ,
             and
             they
             were
             onely
             trusted
             with
             power
             of
             inquiry
             ,
             yet
             it
             induced
             a
             new
             way
             wherein
             the
             Sheriff
             was
             not
             so
             much
             as
             intrusted
             to
             intermeddle
             ;
             and
             which
             not
             onely
             intermitted
             the
             course
             of
             his
             proceedings
             in
             such
             matters
             ,
             but
             also
             led
             the
             way
             to
             the
             dispoiling
             of
             the
             
               Sheriff's
               Torn
            
             ,
             and
             
               Lord's
               Leet
            
             ,
             of
             that
             little
             remainder
             that
             was
             left
             them
             of
             Judicatory
             power
             in
             matters
             that
             were
             against
             the
             Peace
             ,
             and
             made
             their
             
               Inquisitory
               power
            
             less
             regardful
             ,
             and
             eased
             the
             Justices
             itinerant
             of
             much
             of
             their
             Work
             ,
             in
             regard
             they
             were
             speedily
             to
             certifie
             up
             to
             the
             King
             ,
             and
             so
             these
             matters
             should
             be
             determined
             in
             Parliament
             ,
             according
             as
             those
             Justices
             were
             elected
             in
             Parliament
             ;
             who
             as
             it
             seems
             were
             jealous
             of
             giving
             the
             power
             of
             determining
             those
             offences
             into
             any
             sudden
             hand
             .
             To
             sum
             up
             then
             the
             first
             part
             ;
             as
             touching
             the
             punishment
             of
             offences
             against
             the
             Peace
             ,
             the
             wheel
             is
             now
             in
             the
             turning
             ,
             the
             Leets
             and
             Torns
             begin
             to
             be
             slighted
             ,
             the
             labour
             of
             the
             Justices
             itinerant
             lessened
             ,
             the
             Commissions
             of
             Oyer
             and
             Terminer
             disused
             ,
             by
             the
             bringing
             in
             of
             a
             new
             Order
             of
             
               Justices
               for
               the
               Peace
            
             especially
             appointed
             ;
             and
             the
             Parliament
             ,
             as
             the
             supreme
             Providers
             ,
             left
             as
             the
             reserve
             for
             the
             asserting
             and
             maintenance
             of
             the
             same
             ;
             albeit
             that
             under
             it
             the
             power
             of
             determining
             much
             rested
             upon
             Justices
             or
             Judges
             that
             attended
             the
             King's
             Court
             ,
             after
             that
             the
             Common-pleas
             were
             setled
             and
             confined
             to
             a
             certain
             place
             .
          
           
             The
             preserving
             of
             the
             Peace
             for
             the
             future
             ,
             consisted
             in
             preventing
             and
             
             suppressing
             
               Riots
               ,
               Routs
               ,
               unlawful
               Assemblies
               ,
            
             and
             in
             apprehending
             and
             securing
             of
             such
             as
             were
             actors
             and
             contrivers
             of
             such
             designes
             ,
             and
             other
             Malefactors
             .
             And
             herein
             we
             are
             to
             consider
             ,
             1.
             
             The
             Laws
             :
             2.
             
             The
             Means
             :
             3.
             
             The
             
               executive
               power
            
             .
             Concerning
             the
             first
             ,
             there
             is
             no
             question
             to
             be
             made
             ,
             but
             that
             the
             power
             of
             making
             Laws
             for
             the
             maintenance
             of
             the
             Peace
             ,
             rested
             in
             the
             Parliament
             ,
             although
             endeavour
             possibly
             might
             be
             used
             to
             settle
             the
             same
             in
             the
             sole
             order
             of
             the
             King
             's
             own
             person
             ;
             and
             therefore
             we
             find
             not
             onely
             the
             assize
             of
             Arms
             ,
             but
             generally
             the
             substance
             of
             the
             Statute
             at
             Winton
             ,
             to
             be
             formerly
             taken
             up
             by
             Proclamation
             by
             Kings
             ,
             predecessors
             to
             Edward
             the
             second
             ,
             who
             first
             that
             I
             can
             find
             ,
             put
             the
             same
             into
             force
             of
             a
             Law
             by
             Parliament
             ,
             finding
             by
             experience
             that
             Proclamations
             may
             declare
             the
             King's
             Mind
             ,
             but
             not
             command
             the
             Peoples
             Wills
             ;
             although
             peradventure
             the
             thing
             enjoyned
             was
             of
             ancient
             use
             ,
             and
             little
             inferiour
             to
             Custom
             or
             Common
             Law.
             Such
             are
             the
             Distempers
             of
             Civil
             Broils
             ,
             that
             bring
             up
             Peace
             in
             the
             rear
             ,
             as
             a
             reserve
             when
             their
             own
             strength
             is
             wasted
             ,
             rather
             than
             out
             of
             any
             natural
             inclination
             thereto
             .
             A
             brief
             recollection
             of
             the
             Laws
             thus
             ensue
             :
          
           
             In
             case
             of
             Robbery
             or
             Felony
             committed
             ,
             
             and
             the
             Delinquent
             be
             not
             forth-coming
             or
             discovered
             ,
             the
             County
             or
             Hundred
             shall
             answer
             the
             damages
             .
          
           
             Of
             this
             ,
             more
             may
             appear
             from
             the
             Norman
             and
             Saxon
             Laws
             :
             the
             intent
             appeareth
             by
             the
             Law
             it self
             ,
             to
             stir
             up
             the
             people
             to
             use
             all
             means
             by
             pursuit
             with
             Hue
             and
             Cry
             ,
             and
             making
             inquisitions
             of
             the
             Fact
             with
             all
             speed
             ,
             in
             Townships
             ,
             Hundreds
             ,
             Franchises
             ,
             and
             Counties
             .
          
           
             Persons
             suspected
             shall
             not
             be
             entertained
             or
             harboured
             by
             any
             Inhabitant
             ,
             
             unless
             he
             will
             undertake
             for
             him
             .
          
           
             Of
             this
             also
             formerly
             ,
             both
             in
             the
             Norman
             and
             Saxon
             Laws
             .
          
           
             Walled
             Towns
             shall
             keep
             their
             gates
             shut
             from
             Sun-set
             to
             Sun-rising
             .
             The
             like
             observed
             in
             Cities
             ,
             
             Burroughs
             ,
             and
             Towns
             ,
             from
             the
             Feast
             of
             Ascension
             to
             Michaelmas
             .
          
           
             The
             power
             of
             the
             Watch
             was
             great
             :
             it
             might
             apprehend
             any
             Passenger
             and
             stay
             him
             all
             night
             ;
             and
             if
             he
             be
             a
             suspected
             person
             ,
             he
             is
             to
             be
             committed
             to
             the
             Sheriff
             ;
             and
             if
             an
             escape
             be
             made
             ,
             the
             party
             is
             to
             be
             pursued
             with
             Hue
             and
             Cry.
             These
             two
             last
             Chapters
             were
             in
             effect
             in
             Henry
             the
             third's
             time
             ,
             in
             course
             ,
             by
             way
             of
             the
             King's
             command
             by
             Writ
             ,
             in
             the
             36th
             and
             37th
             years
             of
             his
             Reign
             ,
             
             with
             some
             more
             particulars
             concerning
             the
             same
             .
          
           
             High-ways
             through
             every
             Lordship
             shall
             be
             kept
             clear
             on
             each
             side
             ,
             
             by
             the
             space
             of
             200
             foot
             ,
             from
             Hedges
             ,
             Ditches
             ,
             Bushes
             ,
             and
             Vnderwood
             .
          
           
             High-way
             herein
             intended
             ,
             are
             such
             as
             are
             from
             one
             Market-Town
             to
             another
             ;
             and
             in
             such
             were
             always
             preserved
             the
             publick
             peace
             or
             safety
             ,
             for
             the
             maintenance
             of
             Commerce
             ,
             and
             freedom
             of
             Traffick
             :
             which
             is
             ,
             of
             such
             publick
             concernment
             ,
             that
             it
             hath
             been
             of
             very
             ancient
             institution
             .
          
           
           
             Every
             man
             between
             the
             age
             of
             fifteen
             years
             and
             forty
             ,
             
             shall
             maintain
             Arms
             in
             his
             house
             ,
             according
             to
             the
             ancient
             Assize
             ,
             for
             the
             preserving
             of
             the
             Peace
             .
          
           
             This
             Chapter
             brings
             into
             consideration
             the
             second
             thing
             propounded
             ,
             viz.
             the
             means
             of
             preserving
             of
             the
             Peace
             ,
             which
             are
             two
             ;
             First
             ,
             by
             
               maintaining
               Arms
            
             :
             2.
             
             By
             
               certifying
               Defaults
            
             .
             In
             the
             first
             is
             to
             be
             considered
             the
             persons
             that
             are
             to
             be
             assessed
             :
             2.
             
             The
             Arms
             :
             3.
             
             The
             end
             .
             The
             persons
             to
             be
             assessed
             to
             Arms
             ,
             are
             indefinitely
             set
             down
             ,
             and
             comprehend
             all
             sorts
             ,
             as
             wel
             bond
             as
             free
             ,
             and
             others
             ;
             for
             such
             are
             the
             expressions
             in
             the
             Commission
             of
             Henry
             the
             third
             .
             But
             by
             the
             Assize
             of
             Henry
             the
             second
             ,
             
             none
             were
             to
             be
             armed
             but
             Free-men
             ,
             and
             they
             worth
             sixteen
             or
             ten
             marks
             in
             Goods
             at
             the
             least
             ;
             yet
             their
             ages
             are
             limited
             :
             by
             this
             Law
             they
             must
             be
             between
             fifteen
             years
             and
             forty
             ;
             but
             by
             the
             Commission
             in
             Henry
             the
             third's
             time
             ,
             all
             between
             fifteen
             and
             sixty
             years
             of
             age
             were
             to
             be
             armed
             .
             King
             
               John
               arrayed
            
             all
             sorts
             ,
             
               free
               ,
               bond
            
             ,
             and
             all
             others
             that
             have
             Arms
             ,
             or
             ought
             to
             have
             ,
             or
             can
             carry
             Arms
             :
             and
             it
             seems
             by
             what
             hath
             been
             formerly
             noted
             ,
             
             that
             those
             that
             were
             younger
             than
             their
             Tenure
             would
             bear
             them
             out
             ,
             were
             accepted
             into
             service
             ,
             if
             they
             would
             offer
             themselves
             ;
             but
             by
             these
             courses
             they
             ,
             though
             under
             one
             and
             twenty
             years
             of
             age
             ,
             were
             not
             onely
             accepted
             ,
             but
             compelled
             to
             War.
             Under
             this
             Title
             ,
             
             we
             may
             also
             touch
             upon
             the
             persons
             that
             were
             the
             instruments
             to
             array
             these
             men
             ,
             or
             rather
             to
             arm
             them
             ;
             and
             these
             were
             Justices
             itinerant
             ,
             or
             one
             or
             more
             Commissioners
             ,
             such
             as
             the
             King
             found
             most
             meet
             of
             the
             service
             .
             And
             unto
             these
             were
             Commissions
             with
             instructions
             sent
             ;
             and
             sometimes
             Writs
             were
             directed
             onely
             to
             the
             Sheriffs
             ,
             to
             take
             with
             them
             twelve
             Knights
             of
             the
             County
             ,
             
             and
             to
             go
             into
             every
             Hundred
             ,
             and
             call
             before
             them
             all
             such
             persons
             as
             by
             the
             Law
             ought
             to
             be
             assessed
             at
             Arms
             ,
             and
             to
             cause
             them
             to
             be
             sworn
             to
             find
             and
             maintain
             Arms
             in
             such
             manner
             as
             by
             the
             Law
             they
             then
             should
             be
             ,
             or
             formerly
             were
             assessed
             ;
             and
             sometimes
             the
             establishment
             of
             Arms
             were
             set
             down
             in
             those
             Writs
             ,
             and
             sometimes
             published
             by
             Proclamation
             .
             For
             Kings
             found
             all
             means
             little
             enough
             to
             prevail
             to
             bring
             in
             alteration
             of
             Arms
             ,
             
             and
             of
             their
             service
             ;
             which
             was
             a
             thing
             not
             onely
             troublesome
             ,
             but
             chargeable
             ,
             and
             whereunto
             they
             could
             not
             easily
             prevail
             to
             bring
             the
             Free-men
             to
             consent
             .
             And
             therefore
             sometimes
             the
             endeavours
             of
             Kings
             in
             such
             cases
             ,
             did
             not
             onely
             meet
             dilationem
             ,
             but
             also
             deletionem
             ,
             as
             the
             Historian's
             words
             are
             ,
             until
             the
             way
             was
             found
             out
             to
             declare
             an
             establishment
             by
             Parliament
             ,
             
             by
             this
             Statute
             made
             at
             Winton
             .
          
           
             Now
             for
             the
             nature
             of
             the
             establishment
             ,
             we
             are
             to
             consider
             ,
             that
             the
             people
             of
             England
             were
             distinguished
             according
             to
             their
             Tenures
             ,
             into
             such
             as
             held
             by
             Knight-service
             ,
             
             and
             such
             as
             held
             by
             Socage
             ;
             and
             that
             none
             but
             those
             being
             Free-holders
             ,
             could
             be
             charged
             to
             find
             Arms
             ,
             according
             as
             by
             the
             Laws
             of
             the
             Norman
             Conquerour
             may
             appear
             .
             The
             establishment
             of
             Arms
             for
             the
             Knights
             ,
             were
             established
             by
             their
             Tenures
             in
             certainty
             ,
             and
             therefore
             no
             need
             was
             either
             of
             Assessment
             or
             Oath
             to
             tie
             them
             to
             find
             such
             Arms
             ;
             but
             all
             the
             difficulty
             was
             ,
             for
             such
             as
             were
             not
             bound
             by
             other
             Tenure
             than
             as
             free-born
             Subjects
             ,
             all
             of
             whom
             do
             owe
             to
             their
             Country
             defence
             ,
             and
             so
             questionless
             had
             liberty
             to
             provide
             themselves
             of
             such
             Arms
             as
             were
             by
             common
             and
             constant
             use
             held
             most
             advantageous
             against
             the
             common
             Enemy
             ,
             and
             for
             the
             publick
             defence
             .
             And
             that
             these
             were
             put
             in
             certainty
             ,
             may
             appear
             by
             the
             Law
             of
             King
             William
             formerly
             noted
             ,
             
             and
             by
             some
             instances
             in
             the
             Saxon
             Laws
             anciently
             used
             ;
             
             amongst
             others
             ,
             that
             Law
             of
             
               Aethelstane
               ,
               That
               for
               every
               Plough
               ,
               every
               man
               should
               find
               two
               compleat
               Horses
               .
            
             And
             another
             Order
             of
             Aetheldred
             nigh
             eighty
             years
             aster
             ,
             differing
             from
             it
             ,
             assessed
             upon
             
               every
               eight
               Hides
               of
               Land
               ,
               a
               Helmet
               ,
               and
               a
               Coat
               of
               Mail
               :
            
             And
             the
             Historian
             tells
             us
             ,
             
               That
               a
               Hide
               is
               a
               Plough-Land
               ,
               or
               so
               much
               Land
               as
               one
               Plough
               can
               keep
               in
               till
               the
               end
               of
               one
               whole
               year
               .
            
             
             And
             the
             relief
             of
             the
             Noble-men
             of
             all
             sorts
             and
             ranks
             ,
             in
             Horses
             ,
             Helmets
             ,
             Coats
             of
             Mail
             ,
             Lances
             ,
             Shields
             ,
             and
             Swords
             ;
             the
             meanest
             of
             all
             which
             degrees
             being
             called
             
               Mediocris
               Thainus
            
             ,
             yielding
             a
             relief
             equal
             to
             the
             Arms
             of
             a
             Knight
             ,
             in
             the
             times
             whereof
             we
             now
             treat
             ,
             viz.
             one
             Horse
             ,
             one
             Helmet
             ,
             one
             Coat
             of
             Mail
             ,
             one
             Lance
             ,
             one
             Shield
             ,
             one
             Sword
             :
             all
             comprehended
             under
             
               arma
               sua
            
             ,
             as
             if
             he
             had
             a
             certain
             
               proper
               Arms.
            
             And
             the
             Laws
             concerning
             the
             forfeiture
             of
             Arms
             ,
             do
             in
             effect
             affirm
             the
             thing
             ,
             
               viz.
               that
               all
               men
               were
               armed
            
             ;
             yet
             probable
             it
             is
             ,
             that
             laws
             were
             not
             then
             so
             often
             made
             for
             the
             enforcing
             this
             or
             that
             particular
             sort
             of
             Arms
             ,
             in
             regard
             that
             till
             the
             Normans
             time
             this
             Island
             was
             troubled
             but
             seldom
             with
             any
             Enemies
             from
             foreign
             parts
             ,
             that
             brought
             any
             new
             sorts
             of
             Weapons
             into
             fashion
             ;
             the
             Danes
             and
             Norwegians
             being
             no
             other
             than
             an
             old
             Acquaintance
             of
             theirs
             .
             Neither
             were
             the
             Saxons
             as
             yet
             tamed
             by
             any
             Enemy
             ,
             so
             far
             as
             to
             beg
             a
             Peace
             ,
             albeit
             that
             the
             Danes
             had
             gotten
             them
             under
             .
             But
             after
             the
             Norman
             times
             ,
             the
             English
             being
             somewhat
             over-matched
             in
             War
             ,
             inclined
             more
             to
             Husbandry
             ,
             and
             began
             to
             lay
             aside
             their
             regard
             of
             Arms
             ;
             and
             this
             occasioned
             the
             Kings
             to
             make
             Assessments
             of
             Arms
             :
             yet
             having
             regard
             to
             the
             ancient
             course
             of
             the
             Saxons
             ,
             saving
             that
             they
             urged
             the
             use
             of
             the
             Bow
             more
             than
             formerly
             was
             used
             ,
             and
             thereby
             taught
             the
             conquered
             to
             conquer
             the
             Conquerours
             in
             future
             ages
             .
             Of
             these
             sorts
             of
             Assessments
             before
             this
             Stature
             at
             Winton
             ,
             I
             find
             but
             two
             ;
             the
             first
             made
             by
             Henry
             the
             second
             ,
             and
             the
             other
             by
             Henry
             the
             third
             ;
             which
             ,
             together
             with
             that
             of
             this
             Statute
             ,
             I
             parallel
             thus
             together
             ,
             in
             their
             own
             words
             .
          
           
           
             
               
                 
                   Hen.
                   2.
                   
                
                 
                   Hen.
                   3.
                   
                
                 
                   Stat.
                   Wint.
                   
                
              
               
                 
                    
                
                 
                   Lands
                   .
                
                 
                   Goods
                   .
                
                 
                    
                
              
               
                 
                   
                     Knights
                     Fee.
                  
                   
                
                 
                   15
                   Librat
                   .
                
                 
                   60
                   Marks
                   .
                
                 
                   15
                   
                     l.
                     Land
                     ,
                     40
                     Marks
                     Goods
                     .
                  
                
              
               
                 
                   Loricam
                
                 
                   Loricam
                
                 
                   Loricam
                
                 
                   Hauberk
                
              
               
                 
                   Cassidem
                
                 
                   Capellum
                   ferri
                
                 
                   Capellum
                   ferri
                
                 
                   Shapel
                   de
                   fer
                
              
               
                 
                   Clipeum
                
                 
                   Gladium
                
                 
                   Gladium
                
                 
                   Espee
                
              
               
                 
                   Lanceam
                
                 
                   Cultellum
                
                 
                   Cultellum
                
                 
                   Cotel
                
              
               
                 
                    
                
                 
                   Equum
                
                 
                   Equum
                
                 
                   Chival
                
              
               
                 
                   
                     
                       16
                       Marks
                       Chattels
                       .
                    
                     
                       16
                       Marks
                       Rents
                       .
                    
                  
                
                 
                   10
                   Librat
                   .
                
                 
                   40
                   Marks
                   .
                
                 
                   10
                   
                     l.
                     Lands
                     ,
                     20
                     Marks
                     Goods
                     .
                  
                
              
               
                 
                   Halbergellum
                
                 
                   Halbergettum
                
                 
                   Halbertum
                
                 
                   Hauberk
                
              
               
                 
                   Capelletum
                   ferri
                
                 
                   Capellum
                   ferri
                
                 
                   Capellum
                   ferreum
                
                 
                   Shapel
                   de
                   fer
                
              
               
                 
                   Lanceam
                
                 
                   Gladium
                
                 
                   Gladium
                
                 
                   Espee
                
              
               
                 
                    
                
                 
                   Cultellum
                
                 
                   Cultellum
                
                 
                   Cotel
                
              
               
                 
                   
                     
                       10
                       Marks
                       Chattels
                       .
                    
                     
                       10
                       Marks
                       Rents
                       .
                    
                  
                
                 
                   100
                   s.
                   
                
                 
                   20
                   Marks
                   .
                
                 
                   100
                   
                     s.
                     Land.
                  
                   
                
              
               
                 
                   Wanbais
                
                 
                   Perpunctum
                
                 
                   Perpunctum
                
                 
                   Purpoint
                
              
               
                 
                   Capelletum
                   ferri
                
                 
                   Capellum
                   ferreum
                
                 
                   Capellum
                   ferreum
                
                 
                   Shapel
                   de
                   fer
                
              
               
                 
                   Lanceam
                   .
                
                 
                   Gladium
                
                 
                   Gladium
                
                 
                   Espee
                
              
               
                 
                    
                
                 
                   Lanceam
                
                 
                   Cultellum
                
                 
                   Cotel
                
              
               
                 
                    
                
                 
                   Cultellum
                
                 
                    
                
                 
                    
                
              
               
                 
                    
                
                 
                   
                     Betwixt
                     5
                     l.
                     and
                     40
                     s.
                     
                  
                
                 
                   9
                   Marks
                   .
                
                 
                   
                     Betwixt
                     5
                     l.
                     &
                     40
                     s.
                     
                  
                
              
               
                 
                    
                
                 
                   Gladium
                
                 
                   Gladium
                
                 
                   Espee
                
              
               
                 
                    
                
                 
                   Cultellum
                
                 
                   Arcum
                   &
                   sagit
                   .
                
                 
                   Arke
                   &
                   setes
                
              
               
                 
                    
                
                 
                   Arcum
                   &
                   sagit
                   .
                
                 
                   Cultellum
                
                 
                   Cotels
                
              
               
                 
                    
                
                 
                   
                     Under
                     40
                     s.
                  
                   
                
                 
                   
                     Under
                     9
                     Marks
                     to
                     40
                     s.
                     
                  
                
                 
                   
                     Under
                     40
                     s.
                  
                   
                
              
               
                 
                    
                
                 
                   Falces
                
                 
                   Falces
                
                 
                   Faulx
                
              
               
                 
                    
                
                 
                   Gisarmas
                
                 
                   Gisarmas
                   ,
                   &c.
                   
                
                 
                   Gisarmes
                
              
               
                 
                    
                
                 
                   Cultellos
                   ,
                   &c.
                   
                
                 
                    
                
                 
                   Cotels
                
              
               
                 
                    
                
                 
                    
                
                 
                    
                
                 
                   
                     Under
                     20
                     Marks
                     Goods
                  
                   .
                
              
               
                 
                    
                
                 
                    
                
                 
                    
                
                 
                   Espees
                
              
               
                 
                    
                
                 
                    
                
                 
                    
                
                 
                   Cotels
                   .
                
              
            
          
           
             I
             have
             thus
             impaled
             these
             three
             ,
             that
             the
             Reader
             may
             the
             better
             discern
             how
             they
             relate
             each
             to
             other
             ,
             and
             so
             may
             the
             better
             understand
             the
             matter
             in
             the
             sum
             .
             And
             I
             must
             explain
             three
             or
             four
             words
             in
             them
             as
             they
             are
             set
             down
             ,
             before
             I
             can
             bring
             up
             the
             conclusion
             ;
             because
             the
             mistake
             of
             the
             sence
             of
             the
             words
             hath
             made
             some
             mistake
             the
             intent
             of
             the
             thing
             ,
             
             and
             forced
             the
             same
             to
             an
             unwarrantable
             issue
             .
             Lorica
             signifies
             that
             piece
             of
             Armour
             that
             defends
             the
             breast
             ,
             or
             forepart
             of
             the
             body
             ;
             and
             sometimes
             is
             made
             of
             plates
             of
             Iron
             ,
             of
             which
             sort
             I
             conceive
             those
             of
             the
             old
             Germans
             were
             ,
             (
             whereof
             the
             Historian
             maketh
             mention
             ,
             
             
               paucis
               loricae
            
             ,
             he
             saith
             the
             Germans
             had
             few
             Arms
             of
             defence
             of
             their
             foreparts
             ,
             and
             fewer
             Helmets
             or
             Head-pieces
             )
             for
             otherwise
             ,
             if
             they
             had
             Iron
             defences
             for
             their
             heads
             ,
             they
             would
             not
             have
             been
             content
             with
             defences
             made
             of
             Leather
             for
             their
             fore-parts
             ,
             
             as
             in
             the
             first
             rude
             times
             
             they
             might
             have
             been
             .
             Sometimes
             it
             is
             made
             of
             links
             of
             Iron
             ,
             and
             commonly
             is
             called
             a
             
               Coat
               of
               Mail
            
             ;
             but
             I
             conceive
             it
             cannot
             be
             so
             meant
             in
             the
             assessments
             of
             Henry
             the
             Second
             ,
             and
             Henry
             the
             Third
             ,
             because
             that
             those
             of
             the
             second
             degree
             are
             said
             that
             they
             ought
             to
             keep
             Haubergettum
             ,
             or
             Halburgellum
             ,
             or
             Haubertum
             ;
             all
             which
             are
             but
             several
             dialects
             of
             one
             name
             ,
             and
             are
             taken
             for
             a
             
               Coat
               of
               Mail
            
             :
             and
             therefore
             by
             the
             diversity
             of
             names
             in
             one
             and
             the
             same
             assessment
             ,
             I
             do
             conclude
             that
             the
             Armour
             was
             not
             of
             one
             and
             the
             same
             fashion
             .
             But
             it
             is
             evident
             ,
             that
             by
             Hauberk
             in
             the
             assessment
             of
             the
             Statute
             at
             Wint.
             is
             meant
             a
             
               Coat
               of
               Mail
            
             ,
             and
             is
             never
             taken
             for
             a
             Brest-plate
             or
             Gorget
             ,
             as
             hath
             been
             taken
             upon
             trust
             by
             some
             that
             build
             more
             weighty
             conclusions
             upon
             that
             weak
             principle
             ,
             than
             it
             is
             able
             to
             bear
             :
             and
             for
             the
             truth
             hereof
             ,
             as
             the
             word
             is
             a
             French
             word
             ,
             so
             I
             appeal
             to
             all
             French
             Authors
             ,
             and
             shall
             not
             trouble
             the
             Reader
             with
             the
             notation
             of
             the
             word
             ,
             or
             further
             about
             the
             meaning
             thereof
             .
             In
             the
             last
             place
             ,
             as
             great
             mistake
             is
             that
             also
             of
             the
             word
             
               Shapell
               de
               fer
            
             ,
             which
             is
             taken
             by
             some
             to
             betoken
             a
             
               Breast-plate
               of
               Iron
            
             :
             For
             the
             truth
             whereof
             ,
             the
             Reader
             may
             consider
             the
             Latine
             word
             Capellum
             ,
             or
             Capelletum
             ,
             and
             he
             shall
             find
             that
             it
             is
             an
             
               Iron
               cap
            
             ,
             or
             an
             ordinary
             Head-piece
             :
             and
             in
             the
             Assize
             of
             Henry
             the
             Third
             ,
             it
             holds
             the
             place
             of
             Cassis
             in
             the
             Assize
             of
             Henry
             the
             Second
             .
             For
             the
             manner
             of
             all
             these
             ,
             let
             the
             Reader
             view
             the
             Sculptures
             of
             the
             several
             Norman
             Kings
             ,
             armed
             for
             the
             Charge
             ,
             in
             the
             beginning
             of
             their
             several
             Reigns
             ,
             as
             they
             are
             represented
             in
             
             Speed's
             History
             .
             It
             may
             also
             be
             conceived
             ,
             that
             there
             is
             as
             much
             mistake
             of
             that
             Weapon
             which
             is
             called
             Cultellum
             or
             Cotel
             ,
             whilst
             they
             translate
             it
             by
             the
             word
             Knife
             ;
             for
             though
             it
             be
             true
             that
             it
             is
             one
             signification
             of
             that
             word
             ,
             yet
             it
             appears
             not
             onely
             by
             this
             Law
             ,
             that
             it
             was
             a
             Weapon
             for
             a
             Knight
             in
             War
             ,
             but
             in
             use
             at
             Tornaments
             ,
             as
             by
             that
             Statute
             that
             forbids
             the
             use
             of
             a
             
               pointed
               Sword
            
             ,
             or
             
               pointed
               Cotel
            
             ,
             a
             Battoon
             ,
             or
             a
             Mace
             ,
             at
             that
             sport
             :
             and
             therefore
             it
             may
             seem
             to
             be
             some
             Weapon
             of
             greater
             use
             ,
             either
             a
             Cotellax
             ,
             or
             such-like
             Weapon
             ;
             otherwise
             to
             enjoyn
             the
             finding
             of
             a
             Knife
             to
             a
             man
             as
             an
             offensive
             Weapon
             against
             armed
             men
             in
             Battle
             ,
             would
             serve
             to
             no
             use
             at
             all
             .
          
           
             Now
             concerning
             the
             difference
             between
             the
             several
             Assizes
             aforesaid
             ,
             it
             consisteth
             either
             in
             the
             number
             of
             the
             several
             degrees
             or
             ranks
             of
             those
             that
             are
             assessed
             :
             Or
             secondly
             ,
             in
             the
             manner
             of
             their
             valuation
             :
             Or
             lastly
             ,
             in
             the
             particulars
             of
             their
             Arms
             assessed
             upon
             them
             .
             As
             touching
             the
             degrees
             in
             Henry
             the
             Second's
             time
             ,
             they
             were
             but
             Three
             ,
             in
             regard
             that
             he
             onely
             assessed
             Free-holders
             :
             and
             certainly
             that
             was
             the
             ancient
             Law
             ,
             as
             by
             the
             Law
             of
             the
             Conquerour
             ,
             and
             other
             Saxon
             Laws
             formerly
             mentioned
             ,
             may
             appear
             .
             But
             Henry
             the
             Third
             taking
             example
             of
             King
             John
             ,
             who
             was
             the
             first
             founder
             of
             general
             arrays
             ,
             charged
             all
             but
             such
             as
             were
             men
             of
             nothing
             ;
             albeit
             ,
             I
             find
             not
             that
             such
             as
             were
             of
             the
             inferiour
             degree
             ,
             were
             sworn
             to
             those
             Arms
             ,
             but
             rather
             allowed
             to
             have
             them
             .
             And
             though
             the
             Statute
             at
             Winchester
             holdeth
             to
             the
             same
             degrees
             in
             Lands
             ,
             yet
             in
             the
             value
             of
             Goods
             there
             is
             some
             difference
             ,
             in
             favour
             of
             them
             that
             onely
             have
             stock
             and
             no
             Free-hold
             .
             Secondly
             ,
             there
             is
             some
             difference
             in
             the
             manner
             of
             valuation
             of
             Lands
             with
             Chattels
             ;
             and
             therein
             the
             Statute
             at
             Winton
             favours
             the
             personal
             estates
             ,
             more
             than
             Hen.
             3.
             and
             he
             more
             than
             Hen.
             2.
             and
             yet
             all
             of
             them
             pretend
             one
             rule
             of
             ancient
             custom
             ;
             I
             believe
             they
             mean
             ,
             that
             they
             had
             it
             in
             their
             eye
             ,
             but
             not
             in
             their
             heart
             :
             For
             they
             would
             come
             as
             night
             to
             it
             as
             they
             could
             ,
             and
             yet
             keep
             as
             far
             from
             it
             as
             they
             durst
             .
             Thirdly
             ,
             as
             touching
             the
             difference
             of
             the
             Arms
             between
             these
             three
             assessments
             ,
             it
             seems
             so
             small
             ,
             as
             in
             this
             they
             are
             most
             of
             them
             all
             one
             .
             For
             
             wherein
             Hen.
             2.
             leads
             ,
             both
             Hen.
             3.
             and
             Edw.
             1.
             do
             imitate
             ,
             saving
             that
             they
             add
             the
             Horse
             and
             Sword
             ;
             which
             questionless
             was
             to
             be
             understood
             as
             a
             granted
             case
             ,
             that
             the
             compleat
             Arms
             of
             a
             man
             could
             not
             be
             carried
             and
             managed
             without
             a
             Horse
             ,
             nor
             defended
             without
             a
             Sword.
             As
             touching
             other
             alterations
             ,
             it
             might
             be
             done
             upon
             good
             advice
             ,
             as
             not
             being
             deemed
             méet
             that
             such
             as
             were
             no
             Knights
             but
             in
             Estate
             ,
             should
             be
             armed
             in
             every
             respect
             like
             as
             the
             Knights
             were
             .
             And
             thus
             we
             have
             an
             ancient
             custom
             of
             maintaining
             Arms
             by
             every
             
               Free
               man
            
             ,
             for
             the
             defence
             of
             the
             Kingdom
             ,
             first
             made
             uncertain
             by
             the
             avarice
             of
             Kings
             ,
             and
             negligence
             of
             the
             Free-men
             ,
             and
             brought
             into
             an
             arbitrary
             charge
             ;
             at
             length
             reduced
             to
             a
             certainty
             ,
             upon
             all
             sorts
             of
             Inhabitants
             by
             a
             Statute-Law
             (
             if
             so
             it
             then
             were
             )
             unto
             which
             every
             man
             had
             yielded
             himself
             bound
             by
             his
             own
             consent
             .
             But
             to
             what
             end
             is
             all
             this
             ?
             I
             said
             it
             was
             for
             the
             defence
             of
             the
             Kingdom
             ,
             and
             so
             it
             was
             in
             the
             original
             ;
             and
             yet
             also
             for
             the
             safety
             of
             the
             King
             in
             order
             thereunto
             ,
             and
             for
             the
             safety
             and
             maintenance
             of
             the
             peace
             of
             every
             member
             of
             the
             whole
             body
             .
             This
             in
             one
             lump
             thus
             will
             not
             down
             with
             some
             ,
             who
             will
             have
             this
             assessment
             onely
             to
             be
             for
             keeping
             of
             the
             peace
             against
             Routs
             and
             Riots
             ,
             but
             not
             sufficient
             nor
             intended
             to
             be
             supply
             for
             War
             ,
             when
             Edward
             the
             First
             calls
             for
             it
             ;
             because
             Edward
             the
             First
             shall
             not
             have
             his
             power
             confined
             within
             the
             compass
             of
             a
             Statute
             ,
             but
             to
             be
             at
             liberty
             of
             array
             as
             he
             should
             think
             meet
             :
             and
             it
             is
             not
             to
             be
             denied
             but
             the
             words
             of
             this
             Law
             run
             thus
             ,
             viz.
             That
             the
             intent
             thereof
             is
             
               for
               preserving
               of
               the
               peace
            
             ;
             but
             those
             general
             words
             will
             not
             bear
             the
             power
             of
             a
             restrictive
             sence
             :
             for
             certainly
             the
             peace
             is
             as
             well
             preserved
             by
             providing
             against
             War
             ,
             as
             against
             Riots
             ;
             and
             against
             
               Forrein
               War
            
             ,
             as
             
               Intestine
               Mutinies
            
             .
             And
             that
             the
             Statute
             intended
             the
             one
             ,
             as
             well
             as
             the
             other
             ,
             will
             appear
             ,
             because
             it
             was
             made
             in
             relation
             to
             former
             precedents
             of
             Henry
             the
             Third
             ;
             and
             they
             speak
             plainly
             that
             their
             intent
             was
             to
             strengthen
             the
             Kingdom
             against
             dangers
             from
             abroad
             .
             The
             words
             of
             the
             Historian
             are
             clear
             ,
             that
             Henry
             the
             Third
             charged
             all
             that
             had
             15
             
               libratas
               terrae
            
             ,
             and
             upwards
             ,
             should
             undertake
             the
             Arms
             of
             a
             Knight
             ,
             
             
               ut
               Anglia
               ,
               sicut
               Italia
               ,
               militia
               roboraretur
               .
            
             And
             because
             he
             had
             threats
             from
             beyond
             Sea
             ,
             
             by
             the
             defection
             of
             the
             Gascoigns
             ,
             therefore
             he
             caused
             Writs
             to
             issue
             forth
             throughout
             the
             Kingdom
             ,
             
             that
             
               secundum
               pristinam
               consuetudinem
            
             ,
             assessment
             of
             Arms
             should
             be
             
               secundum
               facultates
            
             ;
             and
             in
             one
             of
             the
             Writs
             published
             by
             the
             Historian
             ,
             the
             express
             assessment
             of
             H.
             3.
             formerly
             mentioned
             ,
             is
             particularly
             set
             down
             .
             Nor
             are
             these
             Arms
             thus
             assessed
             ,
             so
             slight
             as
             men
             would
             pretend
             :
             for
             the
             Arms
             of
             the
             first
             Rank
             were
             the
             compleat
             Arms
             of
             a
             Knight
             ,
             and
             their
             Estates
             equal
             thereunto
             ;
             for
             those
             15
             
               libratae
               terrae
            
             amounted
             to
             780
             Acres
             of
             Land
             ,
             as
             the
             late
             publisher
             of
             Paris
             his
             History
             hath
             it
             :
             and
             is
             very
             nigh
             the
             reckoning
             of
             
               Henry
               Huntington
            
             ,
             who
             (
             as
             hath
             been
             mentioned
             )
             layeth
             a
             Helmet
             and
             Coat
             of
             Mail
             unto
             eight
             Hides
             of
             Land
             ,
             which
             according
             to
             Gervase
             of
             
             Tilburie's
             account
             cometh
             to
             800
             Acres
             ,
             
             every
             Hide
             containing
             one
             hundred
             Acres
             .
             These
             therefore
             were
             better
             than
             Hoblers
             .
             And
             the
             succeeding
             Ranks
             found
             Arms
             also
             proportionable
             to
             their
             Estates
             ,
             as
             considerable
             as
             the
             times
             could
             find
             for
             such
             as
             were
             of
             constant
             use
             ,
             and
             might
             be
             supplied
             with
             other
             Weapons
             as
             occasion
             served
             ,
             and
             as
             they
             might
             be
             of
             most
             benefit
             for
             the
             service
             .
          
           
             Furthermore
             ,
             whereas
             it
             's
             said
             ,
             that
             the
             wisdom
             of
             the
             Parliament
             might
             be
             questioned
             ,
             if
             they
             intended
             no
             better
             provision
             against
             an
             Enemy
             than
             against
             a
             Thief
             or
             Rogue
             ;
             I
             should
             desire
             the
             consideration
             of
             those
             men
             ,
             whether
             are
             those
             Thieves
             and
             Rogues
             ,
             in
             Troops
             or
             bodies
             ,
             
             and
             well
             armed
             ,
             or
             are
             they
             a
             sort
             of
             scattered
             Out-laws
             ,
             lightly
             armed
             to
             fly
             away
             ,
             when
             they
             have
             gotten
             the
             prey
             ?
             If
             they
             were
             in
             the
             former
             posture
             ,
             I
             pray
             what
             difference
             in
             point
             of
             difficulty
             of
             suppressing
             ,
             between
             them
             and
             so
             many
             Enemies
             ?
             and
             if
             it
             was
             discretion
             in
             the
             Parliament
             to
             make
             this
             provision
             against
             the
             one
             ,
             certainly
             these
             ,
             with
             the
             Knight-hood
             of
             the
             Kingdom
             ,
             with
             as
             much
             discretion
             ,
             will
             be
             sufficient
             provision
             against
             the
             other
             .
             But
             if
             these
             be
             looked
             upon
             in
             the
             later
             sence
             ,
             I
             fear
             the
             discretion
             of
             the
             Parliament
             would
             have
             been
             much
             more
             questioned
             in
             arming
             all
             men
             that
             have
             any
             ability
             to
             suppress
             Thieves
             and
             Rogues
             ,
             against
             which
             the
             ordinary
             Watch
             and
             Ward
             of
             the
             Kingdom
             was
             an
             ancient
             and
             approved
             remedy
             ,
             and
             sufficient
             safe-guard
             .
             And
             I
             would
             fain
             know
             of
             these
             men
             ,
             whether
             it
             be
             for
             the
             safety
             of
             Edward
             the
             First
             ,
             or
             any
             other
             King
             ,
             to
             arm
             the
             whole
             body
             of
             the
             people
             ,
             especially
             in
             times
             of
             jealousie
             ,
             for
             suppressing
             of
             Thieves
             and
             Robbers
             ,
             whenas
             it
             may
             be
             done
             by
             a
             guard
             of
             known
             men
             in
             every
             County
             ,
             with
             much
             more
             ease
             ,
             and
             less
             charge
             to
             the
             people
             .
          
           
             Lastly
             ,
             whereas
             it
             is
             endeavoured
             to
             make
             this
             Statute
             but
             a
             temporary
             provision
             ,
             and
             taken
             up
             for
             the
             present
             condition
             of
             affairs
             ,
             when
             Thieves
             and
             Robbers
             went
             with
             great
             strength
             ,
             and
             in
             multitudes
             :
             This
             might
             be
             ,
             I
             grant
             ,
             of
             some
             efficacy
             ,
             if
             it
             had
             been
             
               introductio
               novi
               juris
            
             ;
             but
             it
             being
             grounded
             upon
             a
             former
             Custom
             ,
             the
             ground
             of
             that
             custom
             (
             which
             was
             
               defence
               of
               the
               Kingdom
            
             )
             must
             be
             the
             warrant
             of
             the
             Law
             ;
             otherwise
             the
             present
             inconvenience
             might
             be
             remedied
             by
             a
             present
             Order
             ,
             and
             needed
             not
             the
             help
             of
             a
             Law
             that
             should
             rest
             upon
             former
             Custom
             ,
             or
             provide
             for
             future
             generations
             .
             Nevertheless
             ,
             if
             all
             be
             granted
             ,
             viz.
             that
             this
             Statute
             is
             but
             a
             present
             Order
             ,
             that
             the
             Arms
             therein
             are
             too
             slight
             to
             resist
             an
             Enemy
             ,
             and
             the
             end
             thereof
             was
             onely
             to
             enable
             the
             Kingdom
             against
             Thieves
             and
             Robbers
             ;
             yet
             could
             not
             Edward
             the
             first
             pretend
             to
             have
             any
             power
             to
             
               assess
               Arms
            
             at
             pleasure
             upon
             occasion
             of
             War
             ,
             for
             the
             defence
             of
             the
             Kingdom
             ;
             nor
             is
             there
             any
             precedent
             in
             story
             that
             countenanceth
             it
             ,
             seeing
             Henry
             the
             Third
             ,
             and
             Henry
             the
             Second
             ,
             in
             their
             course
             used
             the
             rule
             
               secundum
               facultates
            
             ,
             as
             had
             been
             formerly
             observed
             ;
             and
             the
             rule
             foregoing
             tended
             onely
             to
             Free-men
             and
             their
             Lands
             .
             Nor
             did
             King
             John
             disclaim
             the
             same
             ,
             but
             pursued
             it
             ;
             (
             and
             yet
             if
             there
             be
             any
             precedent
             of
             Prerogative
             in
             story
             ,
             which
             King
             John
             had
             not
             ,
             that
             King
             will
             be
             looked
             upon
             as
             a
             King
             of
             wonderment
             )
             I
             say
             ,
             King
             John
             pursued
             it
             when
             he
             was
             in
             the
             strength
             of
             his
             distemper
             ,
             threatned
             by
             the
             Pope
             ,
             provoked
             by
             the
             French
             King
             now
             ready
             in
             the
             field
             ,
             vexed
             by
             his
             people
             ;
             and
             himself
             scarce
             himself
             ,
             summons
             to
             defend
             himself
             ,
             themselves
             ,
             and
             the
             Kingdom
             of
             England
             ,
             all
             men
             that
             ought
             to
             have
             Arms
             ,
             or
             may
             have
             Arms
             ,
             and
             such
             as
             have
             no
             Arms
             ,
             and
             yet
             
               arma
               habere
               possint
            
             ,
             let
             them
             also
             come
             
               ad
               capiendum
               solidatas
               nostras
            
             ;
             and
             accordingly
             there
             came
             a
             vast
             number
             ,
             not
             onely
             of
             the
             armed
             men
             ,
             but
             of
             the
             unarmed
             multitude
             ,
             who
             afterward
             were
             sent
             to
             their
             own
             home
             when
             victuals
             failed
             .
             Hitherto
             therefore
             King
             John
             not
             above
             three
             years
             before
             his
             death
             ,
             held
             himself
             to
             the
             assessment
             to
             Arms
             onely
             of
             such
             as
             had
             Lands
             ;
             and
             at
             this
             time
             of
             exigency
             ,
             others
             unarmed
             were
             summoned
             to
             take
             Arms
             from
             the
             King
             with
             their
             pay
             ,
             or
             otherwise
             they
             must
             fight
             without
             Weapons
             .
          
           
             I
             am
             now
             come
             to
             the
             last
             general
             point
             ,
             which
             concerneth
             the
             executive
             power
             of
             matters
             concerning
             the
             peace
             within
             this
             Law
             ,
             touching
             which
             the
             Statute
             enforceth
             this
             ,
             That
             Constables
             in
             every
             Hundred
             and
             Franchise
             shall
             have
             the
             view
             of
             Arms
             ,
             and
             shall
             present
             defaults
             against
             
             the
             Statute
             of
             Justices
             assigned
             ,
             who
             shall
             certifie
             the
             same
             to
             the
             King
             in
             every
             Parliament
             ,
             and
             the
             King
             shall
             provide
             remedy
             .
             Whereby
             it
             seemeth
             manifest
             ,
             that
             hitherto
             no
             Law
             or
             Custom
             was
             made
             against
             any
             for
             default
             of
             Arms
             ,
             but
             onely
             such
             as
             held
             by
             that
             Tenure
             :
             and
             therefore
             they
             had
             a
             shift
             to
             cause
             them
             to
             swear
             to
             maintain
             Arms
             ,
             and
             so
             might
             proceed
             upon
             defaults
             ,
             as
             in
             case
             of
             perjury
             ;
             and
             that
             the
             Parliament
             was
             still
             loth
             to
             set
             any
             certain
             rule
             for
             penalty
             ,
             and
             absolutely
             declined
             it
             ,
             and
             left
             it
             under
             a
             general
             
               periculo
               incumbente
            
             ,
             which
             it
             is
             likely
             men
             would
             rather
             eschew
             by
             obedience
             ,
             than
             adventure
             upon
             out
             of
             a
             daring
             spirit
             ,
             unless
             their
             case
             was
             very
             clear
             ,
             within
             the
             mercy
             of
             common
             reason
             .
             And
             therefore
             such
             cases
             were
             left
             to
             special
             order
             of
             the
             Parliament
             ,
             rather
             than
             they
             would
             deliver
             such
             a
             rod
             as
             
               determining
               power
            
             was
             ,
             over
             into
             any
             uncertain
             hand
             whatever
             .
             It
             is
             very
             true
             ,
             that
             by
             the
             opinion
             of
             some
             ,
             this
             also
             hath
             been
             controverted
             ,
             as
             if
             all
             the
             
               executive
               power
            
             had
             been
             turned
             out
             of
             the
             Parliaments
             Order
             ,
             into
             the
             directory
             of
             Edward
             the
             First
             :
             which
             thing
             reacheth
             far
             ;
             for
             then
             in
             order
             thereunto
             ,
             the
             whole
             Militia
             of
             the
             Kingdom
             must
             have
             been
             under
             his
             safe
             command
             .
             And
             whether
             it
             ever
             entred
             into
             the
             conceit
             of
             that
             King
             I
             know
             not
             ,
             but
             somewhat
             like
             thereunto
             ,
             is
             not
             obscurely
             urged
             to
             nourish
             and
             suggest
             such
             a
             kind
             of
             notion
             ,
             and
             so
             derive
             it
             unto
             his
             Successors
             ,
             upon
             the
             words
             of
             a
             Statute
             
               de
               defensione
               portandi
               armorum
            
             ,
             the
             English
             whereof
             I
             shall
             render
             out
             of
             the
             French
             as
             followeth
             :
          
           
             It
             belongeth
             to
             Vs
             ,
             (
             viz.
             Edw.
             1.
             )
             and
             from
             Vs
             by
             Our
             Royal
             Seigniory
             ,
             to
             defend
             force
             of
             Arms
             ,
             and
             all
             other
             force
             against
             Our
             peace
             ,
             at
             all
             times
             that
             We
             shall
             please
             ;
             and
             to
             punish
             according
             to
             the
             Laws
             and
             Vsages
             of
             this
             Realm
             ,
             such
             as
             shall
             oppose
             ;
             and
             to
             this
             they
             (
             viz.
             
               Lords
               and
               Commons
            
             )
             are
             bound
             Vs
             to
             aid
             as
             their
             good
             Lord
             ,
             always
             when
             need
             shall
             be
             .
          
           
             Two
             things
             are
             concurrant
             with
             this
             ,
             which
             is
             the
             body
             of
             the
             Statute
             ,
             if
             such
             it
             be
             .
             The
             one
             is
             the
             Preface
             ,
             or
             the
             occasion
             :
             And
             the
             second
             is
             the
             conclusion
             upon
             the
             whole
             body
             of
             the
             same
             .
             The
             preface
             first
             sets
             down
             the
             inscription
             or
             direction
             of
             the
             Law
             ;
             not
             to
             the
             people
             ,
             but
             to
             the
             Justices
             of
             his
             Bench
             ;
             and
             so
             it
             is
             in
             nature
             of
             a
             Writ
             or
             Declaration
             sent
             unto
             his
             Judges
             .
             Then
             it
             sets
             down
             the
             occasion
             ,
             which
             was
             a
             debate
             between
             Edw.
             1.
             and
             his
             Lords
             ,
             with
             a
             Treaty
             which
             was
             had
             before
             certain
             persons
             deputed
             thereto
             :
             and
             it
             was
             accorded
             ,
             that
             at
             the
             next
             Parliament
             ,
             Order
             shall
             be
             taken
             by
             common
             consent
             of
             the
             King
             ▪
             the
             Prelates
             ,
             Earls
             ,
             and
             Barons
             ,
             that
             in
             all
             Parliaments
             ,
             Treaties
             ,
             and
             other
             Assemblies
             which
             shall
             be
             had
             in
             the
             Kingdom
             of
             England
             for
             ever
             after
             ▪
             all
             men
             shall
             come
             thereto
             
               without
               force
            
             ,
             and
             
               without
               arms
            
             ,
             well
             and
             peaceably
             :
             and
             thence
             it
             recites
             ,
             that
             the
             said
             meeting
             at
             Parliament
             was
             had
             ,
             and
             that
             there
             the
             Prelates
             ,
             Earls
             ,
             Barons
             ,
             and
             Commonalty
             being
             assembled
             to
             advise
             upon
             this
             matter
             ;
             
               nous
               eiont
               dit
            
             ,
             saith
             one
             Copy
             ,
             and
             
               no●●
               eions
               dit
            
             ,
             saith
             another
             Copy
             :
             so
             as
             whether
             this
             was
             the
             Declaration
             of
             the
             King
             unto
             the
             Parliament
             ,
             or
             of
             the
             Parliament
             to
             the
             King
             ,
             is
             one
             doubt
             ,
             and
             a
             principal
             one
             it
             is
             in
             such
             a
             case
             as
             this
             .
             Then
             the
             conclusion
             of
             all
             is
             ,
             that
             the
             King
             commandeth
             these
             things
             shall
             be
             read
             before
             the
             Justices
             in
             the
             Bench
             ,
             and
             there
             enrolled
             ;
             and
             this
             is
             dated
             the
             30th
             of
             October
             in
             the
             Seventh
             year
             of
             his
             Reign
             ,
             which
             was
             Ann.
             1279.
             
             So
             as
             if
             it
             were
             the
             Declaration
             of
             the
             King
             ,
             then
             it
             implieth
             as
             if
             it
             were
             not
             very
             well
             accepted
             of
             the
             Parliament
             ;
             and
             therefore
             the
             King
             would
             have
             it
             rest
             upon
             Record
             in
             nature
             of
             a
             Claim
             or
             Protestando
             ,
             for
             saving
             
             the
             Prerogative
             of
             the
             Crown
             .
             But
             if
             it
             were
             the
             Declaration
             of
             the
             Parliament
             ,
             the
             King
             held
             it
             so
             precious
             a
             flower
             ,
             that
             fearing
             it
             should
             fade
             ,
             set
             it
             in
             a
             private
             Garden
             of
             his
             own
             ,
             that
             it
             might
             be
             more
             carefully
             nursed
             against
             the
             blast
             of
             Time
             ;
             as
             if
             the
             Parliament
             had
             not
             assented
             thereto
             ,
             or
             (
             if
             they
             did
             )
             meaned
             not
             to
             hold
             it
             forth
             to
             the
             world
             for
             future
             times
             to
             be
             a
             constant
             rule
             ,
             but
             onely
             by
             way
             of
             concession
             ,
             to
             ease
             themselves
             of
             the
             present
             difficulty
             ,
             in
             making
             a
             Law
             against
             wearing
             of
             Armour
             in
             ordinary
             civil
             affairs
             ,
             and
             so
             referred
             it
             to
             the
             King's
             care
             to
             provide
             against
             emergent
             breach
             of
             the
             peace
             ,
             as
             an
             expedient
             for
             the
             present
             inconveniences
             in
             affairs
             .
             And
             it
             will
             well
             suit
             with
             the
             posture
             of
             affairs
             then
             in
             course
             :
             for
             the
             
             Welsh-Wars
             were
             now
             intermitted
             ,
             and
             a
             quiet
             of
             three
             years
             ensued
             ;
             in
             the
             midst
             of
             which
             ,
             Souldiers
             having
             liberty
             to
             do
             nothing
             (
             and
             that
             is
             next
             to
             naught
             )
             but
             recreate
             themselves
             ,
             used
             their
             wonted
             guise
             ,
             as
             if
             they
             were
             not
             dressed
             that
             day
             that
             they
             were
             not
             armed
             ;
             nor
             fit
             for
             counsel
             ,
             unless
             (
             as
             their
             Ancestors
             )
             with
             Weapons
             in
             their
             hands
             ;
             nor
             worthy
             of
             the
             presence
             of
             a
             King
             under
             other
             notion
             ,
             than
             as
             a
             General
             in
             the
             field
             ,
             and
             themselves
             as
             Commanders
             that
             are
             never
             A-la-mode
             but
             when
             all
             in
             Iron
             and
             Steel
             .
             I
             say
             ,
             to
             make
             a
             Law
             that
             must
             suddenly
             bind
             men
             from
             riding
             or
             being
             armed
             ,
             when
             no
             man
             thought
             himself
             safe
             otherwise
             ,
             was
             in
             effect
             to
             expose
             their
             bare
             necks
             to
             the
             next
             turn
             of
             the
             Sword
             of
             a
             King
             that
             they
             did
             not
             over-much
             trust
             ,
             and
             the
             less
             in
             regard
             he
             trusted
             not
             them
             .
             I
             do
             not
             wonder
             therefore
             if
             the
             Parliament
             liked
             not
             the
             work
             ,
             but
             left
             it
             to
             the
             King
             to
             provide
             for
             the
             keeping
             off
             breaches
             of
             the
             Peace
             ,
             and
             promised
             their
             assistance
             therein
             .
          
           
             Lastly
             ,
             supposing
             all
             that
             is
             or
             can
             be
             supposed
             ,
             viz.
             that
             the
             Parliament
             had
             given
             up
             the
             power
             of
             the
             Militia
             unto
             Edward
             the
             First
             ;
             yet
             it
             was
             not
             to
             all
             intents
             ,
             nor
             did
             it
             continue
             :
             for
             besides
             the
             Statute
             of
             Tornaments
             ,
             which
             sheweth
             plainly
             that
             the
             ordering
             of
             Armour
             was
             in
             the
             power
             of
             the
             Parliament
             ,
             and
             which
             in
             all
             probability
             was
             made
             after
             that
             Law
             last
             before-mentioned
             ;
             the
             Statute
             at
             Winton
             ,
             made
             after
             this
             Law
             nigh
             six
             years
             space
             ,
             ordereth
             the
             use
             of
             the
             
               Trained
               bands
            
             in
             maintaining
             the
             peace
             ,
             and
             reserveth
             the
             penalties
             to
             themselves
             for
             any
             default
             committed
             against
             the
             said
             Act.
             And
             therefore
             ,
             notwithstanding
             any
             thing
             that
             yet
             appeareth
             to
             me
             out
             of
             any
             Law
             or
             History
             ,
             the
             chief
             Moderatorship
             of
             War
             and
             Peace
             ,
             within
             the
             Realm
             of
             England
             ,
             resteth
             hitherto
             upon
             the
             Parliament
             next
             unto
             God
             ;
             and
             in
             the
             King
             no
             otherwise
             ,
             than
             in
             order
             to
             the
             Publick
             ,
             the
             rule
             whereof
             can
             be
             determined
             by
             no
             other
             Judge
             than
             that
             which
             can
             be
             intended
             to
             have
             no
             other
             respect
             than
             the
             publick
             good
             ,
             and
             which
             is
             the
             Abridgement
             of
             the
             large
             Volume
             of
             the
             Kingdom
             .
          
        
         
           
           
             A
             Summary
             Conclusion
             .
          
           
             ANd
             thus
             have
             I
             brought
             the
             shape
             of
             English
             Government
             (
             rude
             as
             it
             is
             )
             from
             the
             first
             off-spring
             of
             the
             Saxons
             ,
             through
             the
             rough
             waves
             of
             the
             Danish
             Tempests
             ,
             the
             Rocks
             of
             Norman
             invasion
             ,
             and
             of
             the
             Quick-sands
             of
             Arbitrary
             Government
             under
             Popes
             and
             Kings
             ,
             to
             the
             Haven
             :
             much
             defaced
             it
             is
             ,
             I
             confess
             ,
             by
             the
             rage
             of
             time
             ,
             and
             yet
             retained
             the
             original
             likeness
             in
             proportion
             .
          
           
             Kings
             first
             (
             about
             the
             Norman
             times
             )
             joyning
             with
             the
             Lords
             for
             their
             joynt
             interest
             above
             the
             ordinary
             pitch
             ,
             had
             mounted
             each
             other
             too
             high
             to
             be
             Lords
             over
             
               Free
               men
            
             .
             Then
             by
             flattering
             of
             the
             Free-men
             into
             their
             designs
             ,
             hovered
             above
             them
             all
             ;
             but
             not
             being
             able
             to
             maintain
             their
             pitch
             so
             long
             as
             the
             Lords
             held
             together
             ,
             stooped
             for
             a
             party
             amongst
             them
             ,
             and
             soon
             obtained
             their
             desire
             .
             For
             some
             Lords
             (
             more
             ambitious
             than
             others
             ,
             and
             these
             again
             more
             popular
             than
             they
             )
             seek
             several
             interests
             .
             And
             thus
             Kings
             (
             aided
             by
             their
             party
             to
             a
             Supremacy
             which
             they
             were
             never
             born
             to
             ;
             and
             raised
             by
             them
             into
             a
             preheminence
             above
             their
             Peers
             ,
             which
             neither
             Law
             nor
             Custom
             ever
             gave
             them
             )
             are
             of
             Moderators
             in
             the
             Council
             of
             Lords
             ,
             become
             Moderators
             of
             those
             Councils
             ;
             and
             so
             they
             obtained
             all
             that
             the
             Lords
             had
             ,
             but
             no
             more
             .
             For
             though
             both
             they
             and
             the
             Lords
             abused
             their
             power
             over
             the
             Free-men
             by
             extortion
             and
             oppression
             ,
             as
             Lords
             over
             Tenants
             ;
             yet
             could
             they
             never
             prevail
             over
             them
             as
             free-born
             Subjects
             ,
             to
             gain
             their
             consent
             to
             give
             their
             Right
             ,
             or
             the
             Law
             ,
             up
             to
             the
             King's
             beck
             :
             but
             still
             the
             Law
             remained
             arbiter
             both
             of
             King
             and
             People
             ,
             and
             the
             Parliament
             Supream
             Expounder
             and
             Judge
             both
             of
             it
             and
             them
             .
             For
             other
             argument
             hereof
             there
             will
             be
             little
             need
             (
             besides
             what
             hath
             formerly
             appeared
             )
             than
             what
             we
             find
             in
             Bracton
             ,
             
             who
             wrote
             in
             the
             time
             of
             Henry
             the
             Third
             ,
             to
             this
             effect
             :
             
               God
               is
               superiour
               to
               the
               King
               ,
               and
               the
               Law
               by
               which
               he
               is
               made
               King
               ,
               and
               his
               Court
               ,
            
             viz.
             
               the
               Earls
               and
               Barons
               :
               Earls
               (
               according
               to
               their
               name
            
             Comites
             )
             
               are
               the
               Kings
               Associates
               ,
               and
               he
               that
               hath
               an
               Associate
               hath
               a
               Master
               ;
               and
               therefore
               if
               the
               King
               be
               unbridled
               ,
               or
               (
               which
               is
               all
               one
               )
               without
               Law
               ,
               they
               ought
               to
               bridle
               him
               ,
               unless
               they
               will
               be
               unbridled
               as
               the
               King
               ,
               and
               then
               the
               Commons
               may
               cry
               ,
               Lo
               Jesus
               ,
            
             &c.
             
             This
             was
             the
             judgement
             of
             that
             famous
             Lawyer
             of
             the
             state
             of
             an
             English
             King
             ,
             in
             Henry
             the
             Third's
             time
             .
             I
             shall
             add
             hereto
             a
             concurrent
             testimony
             of
             a
             Lawyer
             also
             in
             Edward
             the
             First
             's
             time
             .
             
             Although
             (
             saith
             he
             )
             
               the
               King
               ought
               to
               have
               no
               equal
               in
               the
               Land
               ;
               yet
               because
               the
               King
               nor
               his
               Commissioners
               (
               in
               case
               where
               the
               King
               intrencheth
               upon
               the
               right
               of
               any
               of
               his
               Subjects
               )
               can
               be
               both
               Judge
               and
               Party
               ,
               the
               King
               by
               right
               ought
               to
               have
               Companions
               ,
               to
               hear
               and
               determine
               in
               Parliament
               all
               Writs
               and
               plaints
               of
               wrongs
               done
               by
               the
               King
               ,
               the
               Queen
               ,
               or
               their
               Children
               ,
               and
               of
               those
               wrongs
               especially
               ,
               whereof
               otherwise
               common
               right
               cannot
               be
               had
               .
            
             Nor
             is
             this
             the
             opinion
             onely
             of
             Lawyers
             ,
             but
             it
             is
             the
             Law
             it self
             unto
             which
             the
             Royal
             assent
             was
             added
             ,
             
             and
             the
             same
             sealed
             
             with
             an
             Oath
             in
             the
             solemn
             stipulation
             made
             by
             Kings
             at
             their
             Coronation
             ,
             with
             the
             people
             then
             present
             ,
             in
             the
             name
             of
             the
             whole
             body
             :
             the
             sum
             whereof
             is
             wont
             to
             be
             propounded
             to
             the
             King
             in
             this
             manner
             ,
             
             though
             in
             a
             different
             Language
             .
          
           
             1.
             
             Will
             you
             grant
             and
             keep
             ,
             and
             by
             your
             Oath
             confirm
             to
             the
             people
             of
             England
             the
             Laws
             and
             Customs
             to
             them
             granted
             by
             the
             ancient
             Kings
             of
             England
             ,
             your
             righteous
             and
             godly
             Predecessors
             ;
             and
             especially
             to
             the
             Clergie
             and
             People
             ,
             by
             the
             glorious
             King
             St.
             Edward
             your
             Predecessor
             ?
          
           
             The
             King's
             Answer
             :
             
               
                 I
                 do
                 them
                 grant
                 and
                 promise
                 .
              
            
          
           
             2.
             
             Will
             you
             keep
             to
             God
             and
             the
             Church
             ,
             and
             the
             Clergie
             ,
             and
             the
             People
             ,
             Peace
             and
             Concord
             sincerely
             according
             to
             your
             power
             ?
          
           
             The
             King's
             Answer
             :
             
               
                 I
                 will
                 do
                 it
              
               .
            
          
           
             3.
             
             Do
             you
             grant
             to
             hold
             and
             keep
             the
             Laws
             and
             rightful
             Customs
             ,
             which
             the
             Commonalty
             of
             your
             Realm
             shall
             have
             chosen
             ,
             and
             to
             maintain
             and
             enforce
             them
             to
             the
             honour
             of
             God
             after
             your
             power
             ?
          
           
             The
             King's
             Answer
             :
             
               
                 I
                 this
                 do
                 grant
                 and
                 promise
                 .
              
            
          
           
             In
             few
             words
             ,
             the
             King
             promised
             to
             keep
             the
             Laws
             already
             made
             ,
             the
             peace
             of
             his
             Kingdom
             ,
             and
             the
             Laws
             to
             be
             agreed
             upon
             by
             the
             Commonalty
             :
             the
             same
             in
             substance
             with
             that
             of
             Henry
             the
             First
             ,
             William
             the
             Conquerour
             ,
             the
             Danish
             and
             Saxon
             Kings
             formerly
             had
             ,
             and
             in
             the
             foregoing
             discourse
             observed
             .
             And
             thus
             is
             he
             led
             to
             the
             Throne
             in
             a
             Chain
             of
             Gold
             ,
             a
             serious
             memorial
             of
             the
             King's
             duty
             as
             he
             is
             a
             man
             ,
             and
             a
             glorious
             ornament
             to
             him
             as
             a
             King.
             If
             then
             the
             King
             be
             under
             the
             Law
             in
             case
             of
             direction
             ,
             as
             by
             stipulation
             he
             is
             bound
             ;
             if
             he
             be
             likewise
             under
             
             the
             Law
             in
             case
             of
             transgression
             ,
             to
             be
             judged
             by
             his
             Comites
             ,
             or
             Peers
             ;
             Hitherto
             certainly
             an
             English
             King
             is
             but
             
               Primas
               inter
               omnes
            
             ,
             and
             not
             
               supra
               totum
            
             ;
             and
             if
             at
             any
             time
             he
             skipped
             higher
             ,
             he
             afterwards
             fell
             lower
             :
             for
             it
             was
             the
             lot
             of
             these
             times
             to
             have
             Lords
             that
             were
             bent
             to
             work
             the
             people
             to
             regard
             their
             own
             Liberties
             ,
             in
             which
             the
             Lords
             had
             first
             wrapped
             up
             their
             own
             Claims
             .
             Thus
             come
             the
             counsels
             of
             such
             as
             have
             been
             notoriously
             exorbitant
             to
             be
             scanned
             ;
             and
             to
             bring
             these
             into
             frame
             ,
             all
             run
             out
             of
             frame
             ;
             the
             Barons
             Wars
             arise
             ,
             and
             thrive
             according
             as
             interests
             do
             concenter
             more
             or
             less
             :
             the
             issue
             is
             like
             that
             of
             a
             drawn
             battle
             ,
             wherein
             he
             that
             continueth
             last
             in
             the
             Field
             ,
             is
             glad
             to
             be
             gone
             away
             ,
             and
             so
             the
             Title
             is
             left
             to
             be
             tried
             upon
             the
             next
             advantage
             that
             shall
             arise
             .
          
           
             Yet
             had
             Kings
             gotten
             one
             step
             forwards
             to
             their
             designe
             ,
             which
             was
             ,
             in
             that
             they
             now
             had
             to
             deal
             with
             a
             divided
             Baronage
             .
             It
             was
             the
             birth
             of
             Ambition
             ,
             and
             it
             was
             nourished
             by
             the
             same
             milk
             ;
             for
             those
             that
             side
             with
             the
             King
             are
             become
             Magnificoes
             next
             to
             the
             King's
             person
             ,
             and
             the
             sole
             managers
             of
             all
             the
             great
             affairs
             of
             State
             ,
             concurrent
             with
             their
             own
             designes
             under-board
             .
             But
             the
             other
             Lords
             are
             in
             account
             rural
             ,
             standing
             further
             off
             ;
             and
             looking
             on
             at
             a
             distance
             ,
             are
             laid
             away
             as
             superfluous
             .
             And
             as
             they
             themselves
             are
             out
             of
             the
             game
             of
             great
             men
             ,
             so
             grow
             they
             mindless
             of
             their
             interest
             in
             the
             great
             affairs
             :
             yet
             of
             these
             there
             is
             diversity
             ;
             for
             some
             sport
             themselves
             in
             their
             condition
             ;
             others
             observe
             the
             irregular
             motions
             of
             those
             above
             ,
             and
             watch
             their
             own
             time
             .
          
           
             This
             was
             the
             first
             advance
             of
             that
             society
             ,
             which
             was
             afterwards
             called
             the
             
               Privy
               Council
            
             ;
             being
             a
             company
             of
             choice
             men
             according
             to
             the
             King
             's
             bent
             ,
             unto
             whom
             the
             consideration
             of
             all
             the
             weighty
             affairs
             of
             the
             Kingdom
             is
             committed
             ;
             but
             nothing
             can
             be
             concluded
             without
             the
             King
             's
             fiat
             ,
             which
             regularly
             should
             follow
             upon
             the
             premisses
             ,
             according
             to
             the
             major
             vote
             ;
             but
             more
             ordinarily
             suiteth
             with
             that
             which
             best
             suiteth
             with
             his
             pleasure
             .
             And
             now
             are
             Parliaments
             looked
             on
             as
             fatal
             ,
             or
             at
             the
             best
             but
             as
             heavy
             dull
             Debates
             ,
             and
             inconvenient
             both
             for
             speed
             and
             secrecy
             ;
             which
             indeed
             are
             advantages
             for
             weak
             and
             unwarrantable
             councils
             ;
             but
             such
             as
             are
             well-grounded
             upon
             truth
             ,
             and
             strength
             of
             reason
             of
             State
             ,
             are
             not
             afraid
             to
             behold
             the
             clearest
             noon-day
             ;
             and
             prevail
             neither
             by
             speed
             nor
             secrecy
             ,
             but
             by
             the
             power
             of
             uncontrolled
             Reason
             fetcht
             from
             truth
             it self
             .
             The
             
               Grand
               Council
            
             of
             Lords
             also
             are
             now
             no
             less
             burthensome
             :
             For
             though
             they
             were
             not
             able
             to
             prevail
             against
             the
             private
             designes
             of
             an
             arbitrary
             Supremacy
             ,
             yet
             do
             they
             hinder
             the
             progress
             ,
             tell
             tales
             to
             the
             people
             ,
             and
             blot
             the
             names
             of
             those
             that
             are
             of
             that
             aspiring
             humour
             ;
             which
             once
             done
             ,
             like
             that
             of
             Sisyphus
             ,
             they
             have
             no
             other
             end
             of
             their
             labour
             than
             their
             toil
             .
          
           
             Thus
             perished
             that
             ancient
             and
             rightly
             honourable
             
               Grand
               Council
               of
               Lords
            
             ,
             having
             first
             laid
             aside
             the
             publick
             ,
             then
             lost
             unity
             ,
             and
             lastly
             themselves
             ;
             besides
             the
             extream
             danger
             of
             the
             whole
             body
             .
             For
             the
             sence
             of
             State
             once
             contracted
             into
             a
             Privy-Council
             ,
             is
             soon
             contracted
             into
             a
             Cabinet-Council
             ,
             and
             last
             of
             all
             into
             a
             Favourite
             or
             two
             ;
             which
             many
             times
             brings
             damage
             to
             the
             publick
             ,
             and
             both
             themselves
             and
             Kings
             into
             extream
             praecipices
             ;
             partly
             for
             want
             of
             maturity
             ,
             but
             principally
             through
             the
             providence
             of
             God
             over-ruling
             irregular
             courses
             to
             the
             hurt
             of
             such
             as
             walk
             in
             them
             .
          
           
             Nor
             were
             the
             Clergie
             idle
             in
             this
             bustle
             of
             affairs
             ,
             although
             not
             very
             well
             employed
             ;
             for
             it
             is
             not
             to
             be
             imagined
             but
             that
             these
             private
             prizes
             
             plaid
             between
             the
             Lords
             ,
             Commons
             ,
             and
             King
             ,
             laid
             each
             other
             open
             to
             the
             aim
             of
             a
             forrein
             pretension
             ,
             whilst
             they
             lay
             at
             their
             close
             guard
             one
             against
             another
             .
             And
             this
             made
             an
             Ecclesiastical
             power
             to
             grow
             upon
             the
             Civil
             ,
             like
             the
             Ivy
             upon
             the
             Oak
             ,
             from
             being
             Servants
             to
             Friends
             ,
             and
             thence
             
               Lords
               of
               Lords
            
             ,
             and
             
               Kings
               of
               Kings
            
             .
             By
             the
             first
             putting
             forth
             ,
             it
             might
             seem
             to
             be
             a
             Spiritual
             Kingdom
             ;
             but
             in
             the
             blossom
             ,
             which
             now
             is
             come
             to
             some
             lustre
             ,
             it
             is
             evident
             to
             be
             nothing
             but
             a
             Temporal
             Monarchy
             over
             the
             Consciences
             of
             men
             ;
             and
             so
             ,
             like
             Cuckows
             ,
             laying
             their
             Eggs
             in
             nests
             that
             are
             none
             of
             their
             own
             ,
             they
             have
             their
             brood
             brought
             up
             at
             the
             publick
             charge
             .
             Nevertheless
             ,
             this
             their
             Monarchy
             was
             as
             yet
             beyond
             their
             reach
             ;
             it
             was
             Prelacy
             that
             they
             laboured
             for
             ,
             pretending
             to
             the
             Pope's
             use
             ,
             but
             in
             order
             to
             themselves
             .
             The
             Cripple
             espyed
             their
             halting
             ,
             and
             made
             them
             soon
             tread
             after
             his
             pace
             ;
             he
             is
             content
             they
             should
             be
             Prelates
             without
             measure
             ,
             within
             their
             several
             Diocesses
             and
             Provinces
             ,
             so
             as
             he
             may
             be
             the
             sole
             Praelatissimo
             beyond
             all
             comparison
             .
             And
             undoubtedly
             thus
             had
             been
             before
             these
             times
             destroyed
             the
             very
             principles
             of
             the
             Church-Government
             of
             this
             Kingdom
             ,
             but
             that
             two
             things
             prejudiced
             the
             work
             :
             The
             one
             ,
             that
             the
             Papalty
             was
             a
             forrein
             power
             ;
             and
             the
             other
             ,
             that
             as
             yet
             the
             Pope
             was
             entangled
             with
             the
             power
             of
             Councils
             ,
             if
             he
             did
             not
             stoop
             thereunto
             .
             The
             first
             of
             these
             two
             ,
             was
             the
             most
             deadly
             Herb
             in
             the
             Pottage
             ,
             and
             made
             it
             so
             unsavoury
             ,
             that
             it
             could
             never
             be
             digested
             in
             this
             Kingdom
             :
             For
             Kings
             looking
             upon
             this
             as
             an
             intrenchment
             upon
             their
             Prerogative
             ,
             and
             the
             People
             also
             as
             an
             intrenchment
             upon
             their
             Liberties
             ,
             both
             or
             one
             of
             them
             were
             ever
             upon
             the
             guard
             ,
             to
             keep
             out
             that
             which
             was
             without
             ,
             and
             would
             be
             ruled
             neither
             by
             Law
             nor
             Counsel
             .
             And
             therefore
             though
             both
             Kings
             and
             People
             ,
             yielded
             much
             unto
             the
             importunity
             of
             these
             men
             ,
             and
             gave
             them
             many
             priviledges
             whereby
             they
             became
             great
             ,
             yet
             was
             their
             greatness
             dependant
             upon
             the
             Law
             of
             the
             Land
             and
             Vote
             of
             Parliament
             ;
             and
             though
             they
             had
             the
             more
             power
             ,
             they
             nevertheless
             were
             not
             one
             jot
             the
             more
             absolute
             ,
             but
             still
             the
             Law
             kept
             above
             their
             top
             .
             I
             deny
             not
             but
             they
             in
             their
             practice
             exceeded
             the
             rule
             often
             ,
             and
             lifted
             themselves
             above
             their
             rank
             ;
             yet
             it
             is
             as
             well
             to
             be
             granted
             ,
             that
             they
             could
             never
             make
             Law
             to
             bind
             the
             Church-men
             ,
             much
             less
             the
             Laity
             ,
             but
             by
             conjunction
             of
             the
             Grand
             Councils
             both
             for
             Church
             and
             Commonwealth-affairs
             ;
             nor
             could
             they
             execute
             any
             Law
             in
             case
             that
             concerned
             the
             Liberty
             or
             Propriety
             of
             either
             ,
             but
             in
             a
             Synodical
             way
             ,
             or
             as
             deputed
             by
             the
             Parliament
             in
             that
             manner
             .
             And
             therefore
             I
             must
             conclude
             ,
             that
             in
             these
             times
             whereof
             we
             treat
             ,
             the
             principles
             of
             Church-Government
             ,
             so
             far
             as
             warranted
             by
             Law
             ,
             were
             in
             their
             nature
             Presbyterial
             ;
             that
             is
             ,
             both
             in
             making
             Laws
             and
             executing
             them
             ,
             Bishops
             and
             Arch-bishops
             were
             never
             trusted
             with
             the
             sole
             administration
             of
             them
             ,
             but
             in
             and
             by
             consent
             of
             Synods
             ,
             in
             which
             the
             Clergy
             and
             Laity
             ought
             to
             have
             their
             joynt
             vote
             .
             And
             all
             power
             more
             ,
             or
             contrary
             hereto
             ,
             was
             at
             the
             best
             an
             usurpation
             coloured
             by
             practice
             ;
             which
             was
             easily
             attained
             ,
             where
             there
             was
             a
             perpetual
             Moderatorship
             resting
             in
             the
             Bishop
             ,
             and
             over
             all
             the
             Pope
             ;
             the
             
               King
               ,
               Lords
            
             ,
             and
             Commons
             in
             the
             mean
             while
             being
             buried
             in
             pursuit
             of
             several
             interests
             elsewhere
             .
          
           
             To
             make
             all
             semblable
             ,
             the
             Free-men
             met
             with
             the
             sad
             influence
             of
             these
             distempers
             ,
             as
             well
             from
             the
             King
             and
             Lords
             ,
             as
             the
             Clergy
             .
             Kings
             to
             save
             their
             own
             stake
             from
             the
             Pope
             ,
             remitted
             of
             that
             protection
             which
             they
             owed
             to
             their
             Subjects
             ,
             and
             let
             in
             upon
             them
             a
             floud
             of
             oppressions
             and
             extortions
             from
             the
             Romish
             and
             English
             Clergy
             ,
             and
             so
             like
             a
             
             little
             ship
             cast
             out
             a
             Barrel
             for
             the
             Whale
             to
             pursue
             ,
             till
             it
             gets
             away
             :
             But
             this
             changed
             no
             right
             .
             The
             Lords
             by
             their
             parties
             shattered
             them
             asunder
             ,
             and
             dismembred
             their
             body
             by
             intestine
             broils
             .
             The
             Clergy
             more
             craftily
             making
             some
             of
             them
             free
             Denizons
             of
             the
             Roman
             See
             ,
             and
             taking
             them
             into
             their
             protection
             ,
             whilst
             others
             of
             the
             Free-men
             at
             a
             distance
             ,
             were
             exposed
             as
             a
             prey
             to
             the
             continual
             assaults
             of
             those
             devouring
             times
             :
             All
             these
             conspired
             together
             to
             deface
             and
             destroy
             that
             ancient
             and
             goodly
             bond
             of
             Brotherhood
             ,
             the
             Law
             of
             Decenners
             ,
             by
             which
             the
             Free-men
             ,
             formerly
             holden
             together
             like
             Cement
             in
             a
             strong
             Wall
             ,
             are
             now
             left
             like
             a
             heap
             of
             loose
             stones
             ,
             or
             so
             many
             single
             men
             ,
             scarcely
             escaping
             with
             their
             skin
             of
             Liberties
             ,
             and
             those
             invaded
             by
             many
             projects
             ,
             and
             shifts
             in
             Government
             of
             State-affairs
             .
             So
             must
             I
             leave
             them
             until
             some
             happy
             hand
             shall
             work
             their
             repair
             ,
             both
             for
             time
             and
             manner
             ,
             as
             it
             shall
             please
             
               that
               great
               and
               wise
               Master-builder
               of
               the
               World.
               
            
          
           
             FINIS
             .
          
        
      
       
         
         
         
           THE
           CONTINUATION
           OF
           THE
           Historical
           &
           Political
           DISCOURSE
           OF
           THE
           LAWS
           &
           GOVERNMENT
           OF
           ENGLAND
           ,
           Until
           the
           end
           of
           the
           REIGN
           of
           Queen
           Elizabeth
           .
           WITH
           A
           VINDICATION
           Of
           the
           ancient
           way
           of
           PARLIAMENTS
           In
           ENGLAND
           .
        
         
           LONDON
           :
           Printed
           for
           
             John
             Starkey
          
           ,
           at
           the
           Miter
           in
           Fleet-street
           neer
           Temple-Bar
           .
           M.DC.LXXXII
           .
        
      
       
         
         
         
           THE
           CONTENTS
           OF
           THE
           Several
           CHAPTERS
           of
           this
           BOOK
           .
        
         
           
             I.
             THe
             sum
             of
             the
             several
             Reigns
             of
             Edward
             the
             Third
             ,
             and
             Richard
             the
             Second
             .
             fol.
             2
          
           
             II.
             The
             state
             of
             the
             King
             and
             Parliament
             ,
             in
             relation
             of
             him
             to
             it
             ,
             and
             of
             it
             to
             him
             .
             fol.
             9.
             
          
           
             III.
             Of
             the
             Privy
             Council
             ,
             and
             the
             condition
             of
             the
             Lords
             .
             fol.
             16
          
           
             IV.
             Of
             the
             Chancery
             .
             fol.
             21
          
           
             V.
             Of
             the
             Admirals
             Court.
             fol.
             24
          
           
             VI.
             Of
             the
             Church-mens
             interest
             .
             fol.
             27
          
           
             VII
             .
             Concerning
             Trade
             .
             fol.
             38
          
           
             VIII
             .
             Of
             Treason
             and
             Legiance
             ,
             with
             some
             Considerations
             concerning
             
             Calvin's
             Case
             .
             fol.
             45
          
           
             IX
             .
             Of
             Courts
             for
             Causes
             criminal
             ,
             with
             their
             Laws
             .
             fol.
             54
          
           
             X.
             Of
             the
             course
             of
             Civil
             Justice
             during
             these
             times
             .
             fol.
             56
          
           
             XI
             .
             Of
             the
             Militia
             in
             these
             times
             .
             fol.
             58
          
           
             XII
             .
             Of
             the
             Peace
             .
             fol.
             62
          
           
             XIII
             .
             A
             view
             of
             the
             summary
             courses
             of
             Henry
             the
             Fourth
             ,
             Henry
             the
             Fifth
             ,
             and
             Henry
             the
             Sixth
             ,
             in
             their
             several
             Reigns
             .
             fol.
             68
          
           
             XIV
             .
             Of
             the
             Parliament
             during
             the
             Reigns
             of
             these
             several
             Kings
             .
             fol.
             75
          
           
             XV.
             Of
             the
             Custos
             ,
             or
             
               Protector
               Regni
            
             .
             fol.
             79
          
           
             XVI
             .
             Concerning
             the
             Privy
             Council
             .
             fol.
             83
          
           
             XVII
             .
             Of
             the
             Clergie
             and
             Church-government
             during
             these
             times
             .
             fol.
             86
          
           
             XVIII
             .
             Of
             the
             Court
             of
             Chancery
             .
             fol.
             95
          
           
             XIX
             .
             Of
             the
             Courts
             of
             Common-pleas
             ,
             and
             Common
             Law.
             fol.
             97
          
           
             XX.
             Concerning
             Sheriffs
             .
             fol.
             98
          
           
             XXI
             .
             Of
             Justices
             and
             Laws
             concerning
             the
             Peace
             .
             fol.
             99
          
           
             XXII
             .
             Of
             the
             Militia
             during
             these
             times
             .
             fol.
             102
          
           
             XXIII
             .
             A
             short
             Survey
             of
             the
             Reigns
             of
             Edward
             the
             Fourth
             ,
             Edward
             the
             Fifth
             ,
             and
             Richard
             the
             Third
             .
             fol.
             106
          
           
             
             XXIV
             .
             Of
             the
             Government
             in
             relation
             to
             the
             Parliament
             .
             f.
             109
          
           
             XXV
             .
             Of
             the
             condition
             of
             the
             Clergie
             .
             fol.
             112
          
           
             XXVI
             .
             A
             short
             sum
             of
             the
             Reigns
             of
             Henry
             the
             Seventh
             ,
             and
             Henry
             the
             Eighth
             .
             fol.
             113
          
           
             XXVII
             .
             Of
             the
             condition
             of
             the
             Crown
             .
             fol.
             118
          
           
             XXVIII
             .
             Of
             the
             condition
             of
             the
             Parliament
             in
             these
             times
             .
             fol.
             130
          
           
             XXIX
             .
             Of
             the
             power
             of
             the
             Clergie
             in
             the
             Convocation
             .
             f.
             134
          
           
             XXX
             .
             Of
             the
             power
             of
             the
             Clergie
             in
             their
             ordinary
             Jurisdiction
             .
             fol.
             136
          
           
             XXXI
             .
             Of
             Judicature
             .
             fol.
             141
          
           
             XXXII
             .
             Of
             the
             Militia
             .
             fol.
             143
          
           
             XXXIII
             .
             Of
             the
             Peace
             .
             fol.
             148
          
           
             XXXIV
             .
             Of
             the
             general
             Government
             of
             Edward
             the
             Sixth
             ,
             Queen
             Mary
             ,
             and
             Queen
             Elizabeth
             .
             fol.
             152
          
           
             XXXV
             .
             Of
             the
             Supream
             power
             during
             these
             times
             .
             fol.
             157
          
           
             XXXVI
             .
             Of
             the
             power
             of
             the
             Parliament
             during
             these
             times
             fol.
             162
          
           
             XXXVII
             .
             Of
             the
             Jurisdiction
             Ecclesiastical
             during
             these
             last
             times
             .
             fol.
             166
          
           
             XXXVIII
             .
             Of
             the
             Militia
             in
             these
             later
             times
             .
             fol.
             168
          
           
             XXXIX
             .
             Of
             the
             Peace
             .
             fol.
             173
          
           
             XL.
             A
             summary
             Conclusion
             of
             the
             whole
             matter
             .
             fol.
             174.
             
          
        
      
       
         
         
           THE
           CONTINUATION
           OF
           AN
           Historical
           and
           Political
           Discourse
           OF
           THE
           Laws
           &
           Government
           OF
           ENGLAND
           .
        
         
           THE
           former
           times
           ,
           since
           the
           Norman
           entry
           like
           a
           rugged
           Sea
           ,
           by
           cross
           Winds
           of
           Arbitrary
           Vapours
           ,
           in
           and
           about
           the
           Crown
           ;
           and
           by
           Forrein
           Engagements
           from
           the
           
             holy
             Chair
          
           ,
           made
           the
           true
           face
           of
           affairs
           cloudy
           and
           troublesome
           ,
           both
           for
           the
           Writer
           and
           the
           Reader
           .
        
         
           Henceforward
           ,
           for
           the
           space
           of
           Three
           hundred
           years
           next
           ensuing
           ,
           Kings
           by
           experience
           and
           observation
           finding
           themselves
           unequal
           to
           the
           double
           chace
           of
           absolute
           Supremacy
           over
           the
           sturdy
           Laity
           and
           encroaching
           Clergie
           ,
           you
           will
           observe
           to
           lay
           aside
           their
           pretensions
           against
           the
           
             Peoples
             Liberties
          
           ,
           and
           more
           intentively
           to
           trench
           upon
           the
           Spiritualty
           ,
           now
           grown
           to
           defie
           all
           Government
           ,
           but
           that
           of
           Covetousness
           .
        
         
           Nor
           would
           these
           times
           allow
           further
           advantage
           to
           Kings
           in
           this
           work
           ,
           they
           being
           either
           fainted
           by
           the
           ticklish
           Title
           of
           the
           Crown
           ,
           hovering
           between
           the
           two
           Houses
           of
           York
           and
           Lancaster
           ,
           or
           drawn
           off
           to
           forrein
           employments
           ;
           as
           matters
           of
           greater
           concernment
           for
           the
           present
           well-being
           of
           the
           Kingdom
           ,
           or
           for
           the
           spreading
           of
           the
           fame
           of
           such
           as
           desired
           to
           be
           renowned
           for
           valiant
           men
           .
        
         
         
           It
           will
           be
           superfluous
           to
           recount
           the
           particular
           atchievements
           formerly
           attained
           by
           these
           Ecclesiastical
           men
           ;
           the
           former
           Treatise
           hath
           already
           said
           what
           was
           thought
           needful
           concerning
           that
           .
           For
           the
           future
           ,
           I
           shall
           even
           premise
           this
           ,
           that
           the
           ensuing
           times
           being
           thus
           blessed
           with
           a
           Truce
           ,
           or
           stricter
           League
           between
           the
           Kings
           and
           Commons
           ;
           the
           errours
           in
           Government
           more
           readily
           do
           appear
           ;
           the
           corruptions
           in
           natures
           of
           men
           more
           frequently
           discover
           themselves
           ;
           and
           thereby
           the
           body
           of
           the
           Statute-Laws
           begins
           to
           swell
           so
           big
           ,
           that
           I
           must
           be
           enforced
           to
           contract
           my
           account
           of
           them
           into
           a
           narrower
           compass
           ,
           and
           render
           the
           same
           unto
           the
           Reader
           ,
           so
           far
           forth
           only
           as
           they
           shall
           concern
           the
           general
           stream
           of
           Government
           ;
           leaving
           those
           of
           privater
           regard
           unto
           every
           mans
           particular
           consideration
           ,
           as
           occasion
           shall
           lead
           him
           .
           For
           whatever
           other
           men
           please
           to
           insist
           upon
           ,
           this
           I
           take
           for
           a
           Maxime
           ,
           
             That
             though
             the
             Government
             of
             a
             King
             is
             declared
             by
             his
             Actions
             ;
             yet
             the
             Government
             of
             a
             Kingdom
             is
             onely
             manifested
             by
             ancient
             Customs
             ,
             and
             publick
             Acts
             of
             Parliament
             .
          
        
         
           And
           because
           I
           have
           undertaken
           a
           general
           Survey
           of
           the
           Reigns
           of
           thirteen
           several
           Kings
           and
           Queens
           of
           this
           Nation
           ,
           (
           for
           I
           shall
           not
           exceed
           the
           issue
           of
           Henry
           the
           Eighth
           )
           and
           to
           handle
           each
           of
           them
           apart
           ,
           will
           leave
           the
           Reader
           in
           a
           Wilderness
           of
           particulars
           ,
           hard
           to
           comprehend
           in
           the
           general
           sum
           ;
           I
           shall
           therefore
           reduce
           them
           all
           into
           three
           heads
           ,
           viz.
           Interest
           of
           Title
           ,
           Interest
           of
           Prerogative
           ,
           and
           Interest
           of
           Religion
           ;
           the
           last
           of
           which
           swayed
           much
           the
           three
           Children
           of
           Henry
           the
           Eighth
           ;
           the
           second
           as
           much
           in
           their
           two
           Ancestors
           ,
           
             viz.
             Henry
          
           the
           Eighth
           ,
           and
           Henry
           the
           Seventh
           ;
           and
           the
           first
           in
           the
           three
           Henries
           of
           Lancaster
           ,
           and
           three
           succeeding
           Kings
           of
           the
           House
           of
           York
           .
           And
           because
           Edward
           the
           Third
           ,
           and
           his
           Grand-child
           Richard
           the
           Second
           ,
           do
           come
           under
           none
           of
           these
           Interests
           ,
           I
           shall
           consider
           them
           joyntly
           ,
           as
           in
           way
           of
           Exordium
           to
           the
           rest
           ,
           although
           the
           course
           of
           the
           latter
           was
           as
           different
           from
           the
           former
           ,
           as
           Lust
           falls
           short
           of
           a
           generous
           Spirit
           .
        
         
           
             CHAP.
             I.
             A
             sum
             of
             the
             several
             Reigns
             of
             Edward
             the
             Third
             ,
             and
             Richard
             the
             Second
             .
          
           
             SEveral
             I
             may
             well
             call
             them
             ,
             because
             they
             are
             the
             most
             different
             in
             their
             ways
             and
             ends
             of
             any
             two
             of
             that
             race
             that
             ever
             swayed
             their
             Scepter
             ;
             and
             yet
             the
             entrance
             of
             the
             first
             ,
             gave
             countenance
             to
             the
             conclusion
             of
             the
             last
             .
             For
             the
             Scepter
             being
             cast
             away
             or
             lost
             by
             Edward
             the
             Second
             ,
             it
             was
             the
             lot
             of
             his
             Son
             Edward
             the
             Third
             ,
             a
             youth
             of
             Fifteen
             years
             of
             age
             ,
             to
             take
             it
             up
             :
             he
             knowing
             whose
             it
             was
             ,
             and
             feeling
             it
             too
             heavy
             for
             him
             ,
             was
             willing
             enough
             it
             should
             return
             ;
             but
             being
             overswayed
             by
             Counsels
             drawn
             from
             reason
             of
             State
             ,
             and
             pressed
             thereto
             by
             those
             that
             resolved
             not
             to
             trust
             his
             Father
             any
             more
             ,
             he
             wisely
             chose
             to
             manage
             it
             himself
             ,
             rather
             than
             to
             adventure
             it
             in
             another
             hand
             .
             But
             that
             is
             not
             all
             :
             for
             as
             it
             is
             never
             seen
             that
             the
             Crown
             doth
             thrive
             after
             divorce
             from
             the
             Scepter
             ,
             but
             like
             a
             blasted
             Blossom
             ,
             falls
             off
             at
             the
             next
             gale
             of
             adversity
             ;
             such
             was
             the
             issue
             to
             Edward
             the
             Second
             ,
             his
             power
             once
             gone
             ,
             his
             Honour
             followeth
             soon
             after
             :
             he
             had
             ceased
             to
             be
             King
             ,
             and
             within
             a
             small
             time
             did
             cease
             to
             be
             Edward
             .
          
           
             His
             Son
             ,
             thus
             made
             compleat
             by
             his
             Fathers
             spoil
             ,
             had
             the
             honour
             to
             
             be
             the
             Repairer
             of
             the
             ruines
             that
             his
             Father
             had
             made
             ;
             and
             was
             a
             Prince
             which
             you
             might
             think
             by
             his
             story
             to
             be
             seldom
             at
             home
             ,
             and
             by
             his
             Laws
             seldom
             abroad
             .
             Nor
             can
             it
             be
             reconciled
             without
             wonder
             ,
             that
             Providence
             should
             at
             once
             bestow
             upon
             England
             ,
             a
             courageous
             People
             ,
             brave
             Captains
             ,
             wise
             Council
             ,
             and
             a
             King
             that
             had
             the
             endowments
             of
             them
             all
             .
             Otherwise
             it
             had
             out-reached
             conceit
             it self
             ,
             that
             this
             small
             Island
             ,
             wasted
             by
             the
             
               Barons
               Wars
            
             ,
             the
             people
             beaten
             out
             of
             heart
             by
             all
             Enemies
             in
             the
             time
             of
             the
             Father
             ,
             should
             nevertheless
             ,
             in
             the
             time
             of
             the
             Son
             ,
             with
             honour
             wade
             through
             so
             many
             difficulties
             of
             mighty
             Wars
             on
             every
             side
             abroad
             ,
             and
             devouring
             Pestilence
             at
             home
             ;
             and
             yet
             lay
             a
             platform
             of
             an
             opulent
             ,
             wise
             ,
             and
             peaceable
             Government
             for
             future
             Generations
             .
          
           
             Yet
             he
             had
             his
             failings
             and
             misfortunes
             ;
             a
             great
             part
             whereof
             may
             be
             attributed
             to
             infirmity
             of
             age
             ,
             which
             in
             the
             first
             part
             of
             his
             Reign
             was
             too
             little
             ,
             and
             in
             the
             latter
             part
             too
             much
             .
             True
             it
             is
             ,
             that
             Governours
             of
             the
             persons
             of
             Kings
             may
             in
             some
             measure
             supply
             defects
             of
             Non-age
             ;
             but
             seldom
             where
             the
             Governours
             are
             many
             ,
             and
             never
             if
             they
             be
             ambitious
             .
             And
             it
             was
             this
             King's
             fate
             to
             miscarry
             in
             both
             ;
             for
             he
             had
             in
             his
             Youth
             Twelve
             Governours
             by
             constitution
             ,
             and
             they
             ,
             two
             supream
             by
             usurpation
             ,
             viz.
             the
             Queen
             and
             Mortimer
             ,
             till
             they
             were
             both
             consumed
             in
             the
             flame
             which
             themselves
             had
             kindled
             .
             And
             this
             disparity
             wrought
             somewhat
             unsuccessfully
             in
             the
             King
             's
             first
             War
             :
             For
             the
             generosity
             of
             his
             spirit
             (
             himself
             being
             young
             and
             active
             )
             minded
             his
             Council
             to
             advise
             him
             employment
             in
             a
             forrein
             War
             ,
             rather
             than
             they
             would
             adventure
             its
             motion
             at
             home
             ,
             lest
             it
             might
             prove
             circular
             ;
             which
             is
             most
             dangerous
             for
             Government
             ,
             if
             the
             Prince
             be
             not
             under
             command
             of
             himself
             .
          
           
             This
             first
             War
             was
             with
             Scotland
             ,
             whose
             power
             was
             inferiour
             to
             that
             of
             France
             ;
             the
             King
             young
             ,
             and
             the
             danger
             nearer
             ;
             and
             therefore
             though
             the
             last
             affront
             was
             from
             France
             ,
             that
             more
             fresh
             in
             memory
             ,
             and
             more
             poinant
             ,
             yet
             the
             King
             was
             advised
             to
             give
             place
             ,
             and
             speak
             fair
             ,
             till
             he
             had
             tried
             masteries
             with
             Scotland
             ,
             and
             thereby
             secured
             his
             Rear
             .
             This
             he
             wisely
             hearkned
             unto
             ,
             and
             met
             with
             such
             a
             successful
             turn
             of
             Providence
             ,
             that
             like
             an
             
               O
               Yes
            
             ,
             before
             a
             Proclamation
             ,
             gives
             warning
             to
             Scotland
             that
             the
             Wheel
             is
             turned
             upon
             them
             ;
             and
             that
             there
             is
             somewhat
             more
             than
             humane
             motion
             in
             the
             matter
             ,
             that
             exasperates
             the
             English
             upon
             an
             enterprize
             so
             often
             crossed
             by
             Providence
             hitherto
             ;
             and
             the
             King
             also
             (
             being
             but
             a
             Souldier
             in
             hope
             as
             yet
             )
             to
             dare
             against
             those
             that
             had
             so
             shamefully
             foiled
             his
             Father
             ,
             and
             also
             put
             himself
             already
             once
             to
             the
             Retreat
             .
          
           
             And
             yet
             there
             did
             concur
             a
             kind
             of
             necessity
             of
             second
             Causes
             ;
             for
             the
             King
             found
             the
             Crown
             engaged
             ,
             and
             the
             minds
             of
             the
             Scots
             so
             elate
             ,
             as
             the
             
             English-man's
             case
             was
             not
             to
             live
             to
             fight
             ,
             but
             to
             fight
             to
             live
             ;
             and
             so
             imbittered
             against
             one
             another
             by
             the
             fierce
             Wars
             under
             the
             Barons
             ,
             that
             nothing
             could
             quench
             the
             fire
             ,
             but
             the
             withdrawing
             of
             the
             Brands
             into
             Forreign
             action
             ;
             like
             some
             angry
             spirits
             ,
             that
             spoil
             their
             own
             bodies
             ,
             unless
             they
             chide
             or
             fight
             it
             out
             with
             others
             .
          
           
             In
             the
             first
             brunt
             with
             Scotland
             ,
             the
             King
             gained
             nothing
             ,
             but
             understanding
             of
             the
             humours
             of
             some
             of
             his
             great
             Lords
             ;
             which
             once
             purged
             out
             ,
             he
             renews
             the
             War
             ,
             prevails
             ,
             and
             after
             ten
             years
             stir
             (
             wherein
             he
             became
             a
             trained
             Souldier
             against
             the
             Scots
             )
             he
             wan
             the
             Cross
             ,
             and
             then
             goes
             to
             play
             his
             Prize
             in
             France
             ,
             to
             compleat
             his
             Crown
             with
             the
             Flower-de-luce
             :
             Which
             was
             the
             great
             work
             of
             the
             rest
             of
             his
             Reign
             ,
             in
             which
             four
             parts
             
             of
             five
             were
             victorious
             ;
             the
             fifth
             and
             last
             was
             declining
             ,
             like
             some
             Gamesters
             ,
             that
             win
             at
             the
             first
             ,
             and
             for
             want
             of
             observation
             of
             the
             turning
             of
             the
             Dice
             ,
             come
             off
             losers
             at
             the
             end
             .
          
           
             For
             the
             King
             being
             rather
             satiated
             than
             satisfied
             with
             Victory
             and
             Honour
             ,
             returned
             home
             to
             enjoy
             what
             he
             had
             ,
             leaving
             his
             Son
             ,
             the
             
               Black
               Prince
            
             ,
             to
             pursue
             the
             War
             ,
             and
             to
             act
             the
             Souldiers
             alone
             ,
             who
             now
             began
             to
             honour
             his
             Valour
             above
             his
             Father's
             .
             But
             the
             Tide
             is
             spent
             ,
             the
             Prince
             of
             Chivalry
             dies
             ,
             the
             brave
             Commanders
             wasted
             ;
             and
             the
             French
             ,
             too
             sickle
             to
             continue
             subject
             to
             the
             English
             longer
             than
             needs
             must
             ,
             tack
             about
             for
             another
             adventure
             ,
             and
             make
             it
             plain
             ,
             That
             France
             
               is
               too
               big
               to
               be
               Garrison'd
               by
            
             England
             ,
             
               and
               that
               it
               will
               cost
            
             England
             
               more
               to
               hold
               it
               than
               to
               have
               it
               .
            
          
           
             His
             Religion
             was
             more
             to
             the
             purpose
             ,
             than
             of
             any
             of
             his
             Predecessors
             since
             the
             Norman
             times
             :
             He
             re●lected
             upon
             God
             in
             common
             events
             ,
             more
             ordinarily
             than
             the
             general
             stream
             of
             the
             Clergie
             did
             in
             those
             days
             .
             
             He
             loved
             ,
             if
             not
             adored
             ,
             devout
             men
             and
             their
             prayers
             ,
             and
             yet
             intentively
             disclaimed
             opinion
             of
             merits
             in
             the
             Creature
             .
             He
             saw
             the
             Pope
             through
             and
             through
             ,
             loved
             him
             but
             little
             ,
             feared
             him
             less
             ,
             and
             yet
             lost
             neither
             honour
             nor
             power
             thereby
             .
          
           
             His
             chief
             policy
             at
             home
             ,
             was
             ,
             to
             be
             much
             at
             home
             ,
             great
             with
             his
             People
             ,
             and
             they
             great
             with
             him
             :
             what
             the
             Parliament
             did
             ,
             he
             accounted
             well
             done
             ;
             he
             never
             questioned
             their
             power
             ,
             though
             he
             was
             over-reached
             in
             questioning
             their
             Wisdom
             .
             For
             he
             that
             shall
             prefer
             his
             own
             wisdom
             above
             that
             of
             the
             Parliament
             ,
             must
             needs
             think
             himself
             extreamly
             wise
             ;
             and
             so
             much
             the
             more
             to
             know
             himself
             to
             be
             such
             .
             But
             the
             worst
             of
             his
             fate
             was
             ,
             to
             live
             to
             his
             Winter-age
             ,
             and
             after
             fifty
             years
             Reign
             ,
             or
             more
             ,
             to
             die
             in
             his
             minority
             under
             the
             rule
             of
             a
             woman
             of
             none
             of
             the
             best
             fame
             ,
             after
             he
             had
             enjoyed
             the
             honour
             of
             greatest
             note
             in
             the
             Christian
             world
             in
             his
             days
             .
          
           
             Such
             was
             not
             Richard
             the
             Second
             ,
             
             though
             the
             onely
             Son
             of
             that
             famous
             Chieftain
             ,
             the
             
               Black
               Prince
            
             of
             Wales
             ,
             a
             renowned
             Son
             of
             a
             renowned
             Father
             ;
             but
             (
             as
             a
             Plant
             transplanted
             into
             a
             Savage
             soyl
             )
             in
             degree
             and
             disposition
             wholly
             degenerate
             ,
             retaining
             a
             tincture
             of
             the
             light
             inconstancy
             of
             his
             Mother
             ,
             and
             the
             luxuriousness
             of
             his
             great
             Grandfather
             Edward
             the
             Second
             ;
             and
             running
             his
             course
             ,
             he
             came
             to
             his
             end
             .
          
           
             His
             entrance
             ,
             
             however
             by
             colour
             of
             Inheritance
             ,
             yet
             was
             a
             greater
             adventure
             than
             his
             Predecessors
             ,
             that
             came
             in
             by
             Election
             ;
             upon
             the
             designation
             of
             his
             Father
             by
             his
             last
             Will
             ,
             say
             some
             .
             For
             this
             man
             came
             in
             upon
             many
             disadvantages
             ,
             both
             of
             time
             and
             person
             :
             The
             times
             were
             very
             troublesome
             ,
             the
             Kingdom
             new
             wrapped
             up
             in
             a
             double
             War
             abroad
             ,
             and
             (
             which
             is
             worse
             )
             flouded
             with
             distraction
             at
             home
             ,
             contracted
             partly
             by
             his
             Predecessor's
             weaknesses
             in
             his
             decrepit
             estate
             ,
             partly
             by
             a
             new
             interest
             of
             Religion
             sprung
             up
             against
             the
             Papal
             Tyranny
             ,
             from
             the
             Doctrine
             of
             Wickliff
             ;
             all
             which
             required
             a
             very
             wise
             Man
             ,
             and
             a
             brave
             Commander
             ;
             in
             both
             which
             the
             King
             failed
             .
          
           
             Religion
             now
             began
             to
             dawn
             through
             the
             foggs
             of
             Romish
             Usurpations
             and
             Superstitions
             ,
             aided
             thereto
             by
             a
             Schism
             in
             the
             Triple
             Crown
             ,
             that
             continued
             forty
             years
             ,
             with
             much
             virulancy
             abroad
             ,
             and
             with
             as
             bad
             influence
             upon
             our
             Myters
             at
             home
             .
             Some
             of
             whom
             were
             called
             Clementines
             ,
             others
             Vrbanists
             ;
             and
             yet
             none
             of
             them
             all
             worthy
             of
             either
             of
             the
             names
             ,
             in
             their
             proper
             signification
             .
             The
             Laity
             ,
             though
             lookers
             on
             ,
             yet
             were
             not
             quiet
             :
             For
             though
             Liberty
             be
             a
             hopeful
             thing
             ,
             yet
             it
             is
             dangerous
             to
             them
             that
             are
             not
             a
             Law
             to
             themselves
             ,
             especially
             in
             matter
             
             of
             Opinion
             ;
             for
             that
             arraigns
             the
             Rule
             ,
             and
             lays
             the
             way
             open
             to
             licentiousness
             .
             And
             now
             that
             the
             Liberty
             from
             the
             Keys
             began
             to
             be
             taught
             as
             a
             duty
             of
             Religion
             ,
             the
             inferiour
             sort
             meet
             with
             Doctrines
             of
             licentiousness
             ,
             upon
             mistake
             of
             the
             notion
             ;
             and
             will
             acknowledge
             no
             rule
             ,
             now
             they
             must
             be
             all
             at
             liberty
             :
             And
             thus
             sprang
             up
             the
             insurrection
             of
             the
             Servants
             and
             Bond-men
             against
             their
             Lords
             and
             Masters
             under
             Cade
             and
             Straw
             ;
             that
             might
             have
             brought
             the
             Commonwealth
             into
             a
             hideous
             Chaos
             ,
             had
             not
             the
             Lords
             and
             Great
             men
             betimes
             bestirred
             themselves
             ;
             and
             the
             King
             shewed
             an
             extraordinary
             spirit
             ,
             or
             rather
             a
             kind
             of
             rage
             ,
             that
             put
             it self
             forth
             beyond
             the
             ordinary
             temper
             of
             his
             mind
             .
             Much
             of
             this
             mischief
             was
             imputed
             to
             
             Wickliff's
             Doctrine
             ;
             
             for
             it
             is
             an
             ordinary
             thing
             to
             proclaim
             all
             evils
             concurring
             with
             the
             very
             joynt
             of
             Reformation
             ,
             to
             be
             the
             proper
             fruits
             thereof
             :
             But
             I
             look
             upon
             it
             as
             a
             fruit
             of
             corruption
             ,
             that
             endeavours
             to
             stop
             the
             breath
             of
             Reformation
             in
             the
             birth
             .
             And
             there
             is
             somewhat
             of
             a
             hidden
             influence
             from
             above
             in
             the
             thing
             ;
             for
             it
             was
             not
             onely
             the
             Cup
             of
             England
             to
             be
             thus
             troubled
             ,
             
             but
             France
             and
             other
             places
             had
             their
             portion
             suitable
             .
          
           
             The
             
             King's
             minority
             rendred
             him
             unequal
             unto
             these
             contrary
             motions
             ;
             he
             was
             in
             his
             Eleventh
             year
             ,
             when
             he
             entred
             the
             Throne
             ;
             and
             (
             which
             was
             worse
             )
             his
             years
             came
             on
             faster
             than
             his
             parts
             ,
             but
             his
             work
             posted
             before
             them
             all
             .
             The
             common
             help
             of
             Protectors
             left
             him
             yet
             more
             unhappy
             ;
             for
             they
             were
             prepossessed
             with
             strong
             engagements
             of
             particular
             Interests
             ;
             and
             so
             were
             either
             not
             wise
             enough
             ,
             or
             not
             good
             enough
             for
             all
             .
             This
             brought
             forth
             a
             third
             inconvenience
             ,
             the
             change
             of
             Protectorship
             ;
             and
             that
             change
             of
             Affairs
             and
             Interests
             ,
             an
             uncertain
             good
             that
             brings
             forth
             a
             certain
             evil
             ;
             for
             variety
             of
             Instruments
             and
             Interests
             move
             several
             ways
             ,
             and
             though
             the
             end
             be
             one
             ,
             the
             difference
             concerning
             the
             way
             many
             times
             doth
             as
             much
             hinder
             the
             Journey
             ,
             as
             so
             many
             blocks
             in
             the
             way
             .
          
           
             The
             Protectorship
             was
             thrice
             changed
             ;
             the
             King's
             Uncles
             had
             the
             first
             essay
             ;
             any
             one
             of
             them
             was
             big
             enough
             for
             one
             Kingdom
             ,
             but
             all
             of
             them
             together
             were
             too
             great
             to
             make
             one
             Protector
             .
             The
             Duke
             of
             Lancaster
             would
             have
             done
             well
             alone
             ,
             if
             he
             had
             been
             alone
             ,
             and
             minded
             that
             work
             alone
             ;
             but
             he
             being
             somewhat
             engaged
             with
             the
             Wickliffists
             ,
             and
             so
             entangled
             with
             the
             Clergy
             ,
             and
             other
             restless
             spirits
             ,
             and
             drawn
             off
             by
             his
             private
             aim
             at
             the
             Crown
             of
             Castile
             ,
             saw
             this
             work
             too
             much
             ;
             and
             so
             he
             warily
             withdrew
             himself
             ,
             leaving
             the
             Directory
             to
             a
             Committee
             of
             Lords
             :
             a
             soveraign
             Plaister
             ,
             questionless
             ,
             where
             the
             times
             are
             whole
             ;
             but
             not
             for
             these
             distractions
             ,
             wherein
             even
             the
             Committee
             it self
             suffered
             its
             share
             .
             Thus
             the
             breach
             is
             made
             the
             wider
             ;
             and
             for
             a
             cure
             of
             all
             ,
             the
             Government
             is
             committed
             into
             one
             hand
             ,
             wherein
             the
             Earl
             of
             Warwick
             acquitted
             himself
             well
             ,
             for
             he
             was
             wise
             enough
             to
             observe
             such
             as
             the
             people
             most
             honoured
             .
             And
             thus
             passed
             over
             the
             two
             first
             years
             of
             the
             King's
             Reign
             .
          
           
             The
             remainder
             of
             the
             King's
             minority
             ,
             was
             rather
             in
             common
             repute
             than
             in
             true
             account
             .
             For
             the
             King
             ,
             however
             young
             ,
             took
             little
             more
             from
             the
             Protector
             than
             he
             saw
             meet
             ,
             to
             colour
             his
             own
             commands
             with
             opinion
             of
             Regularity
             ;
             and
             so
             his
             Will
             came
             to
             full
             strength
             before
             his
             Wisdom
             budded
             .
             Thus
             lifted
             up
             ,
             he
             sets
             himself
             above
             all
             interests
             of
             Parliaments
             ,
             Protectors
             ,
             Counsellors
             ,
             Uncles
             ,
             Wise
             men
             ,
             and
             Law
             ;
             leaving
             them
             all
             to
             be
             rules
             for
             those
             below
             .
             And
             so
             long
             as
             the
             King's
             desire
             is
             thus
             served
             ,
             he
             is
             content
             to
             be
             reputed
             a
             Minor
             ,
             and
             be
             as
             it
             were
             under
             protection
             of
             others
             ,
             though
             not
             under
             their
             direction
             ;
             and
             
             is
             content
             to
             continue
             thus
             until
             his
             Two
             and
             twentieth
             year
             .
             Some
             might
             think
             him
             very
             moderate
             ,
             had
             he
             been
             moderate
             ;
             but
             he
             forbears
             suing
             out
             his
             Livery
             ,
             so
             long
             as
             he
             may
             live
             without
             care
             ,
             and
             spend
             without
             controul
             .
             For
             by
             this
             time
             the
             humour
             of
             his
             great
             Grandfather
             budded
             in
             him
             ;
             he
             pawned
             his
             Heart
             to
             young
             men
             of
             vast
             desires
             ,
             and
             some
             say
             so
             inordinately
             ,
             as
             he
             prostituted
             his
             Chastity
             unto
             them
             .
             And
             it
             is
             no
             wonder
             if
             the
             Revenues
             of
             the
             Crown
             are
             insufficient
             for
             such
             Masters
             .
             This
             the
             people
             soon
             felt
             ,
             and
             feared
             their
             own
             Free-holds
             :
             for
             they
             are
             bound
             ,
             saith
             he
             ,
             not
             to
             see
             the
             Crown
             deflowred
             for
             want
             of
             maintenance
             ;
             it
             is
             very
             true
             ,
             nor
             to
             see
             the
             
               Crown
               deflowred
               of
               its
               maintenance
            
             .
             A
             Parliament
             therefore
             is
             called
             ;
             in
             which
             divers
             Lords
             associate
             ,
             and
             prepare
             Physick
             for
             the
             King
             's
             lavish
             humour
             ;
             
             which
             being
             administred
             ,
             wrought
             for
             Ten
             years
             after
             ,
             till
             it
             had
             purged
             him
             of
             his
             Life
             ,
             and
             the
             Kingdom
             of
             their
             King.
             
          
           
             It
             was
             an
             Act
             of
             Parliament
             that
             gave
             power
             to
             Fourteen
             Lords
             and
             others
             to
             regulate
             the
             profits
             and
             Revenues
             of
             the
             Crown
             ,
             and
             to
             do
             Justice
             to
             the
             people
             ;
             this
             was
             to
             continue
             for
             one
             whole
             year
             .
             The
             Parasites
             no
             sooner
             found
             the
             effect
             hereof
             to
             their
             cost
             ,
             but
             the
             King
             grows
             sick
             of
             it
             ,
             and
             finds
             an
             Antidote
             to
             over-rule
             Acts
             of
             Parliament
             ,
             by
             Acts
             of
             Privy-Council
             ;
             declares
             this
             ill-favoured
             Commission
             void
             ,
             and
             the
             Contrivers
             ,
             Advisers
             ,
             and
             Enforcers
             ,
             Traytors
             .
             To
             make
             it
             more
             Majestical
             ,
             he
             causeth
             the
             Judges
             to
             subscribe
             this
             Order
             ,
             and
             so
             it
             becomes
             Law
             in
             repute
             .
             This
             foundation
             thus
             laid
             ,
             he
             buildeth
             in
             haste
             an
             Impeachment
             of
             these
             Commissioners
             of
             High
             Treason
             ;
             and
             supposing
             that
             they
             would
             not
             readily
             stoop
             ,
             himself
             stoops
             lower
             ;
             for
             he
             would
             put
             his
             Right
             to
             trial
             by
             Battle
             ,
             which
             was
             already
             his
             own
             by
             the
             judgement
             of
             the
             Masters
             of
             the
             Law
             :
             For
             so
             they
             may
             be
             well
             called
             ,
             seeing
             they
             had
             thus
             mastered
             it
             .
             In
             this
             the
             King
             had
             the
             worst
             ,
             for
             he
             lost
             his
             Honour
             and
             himself
             :
             God
             hath
             a
             care
             of
             common
             Right
             ,
             even
             amongst
             Idolaters
             .
             Then
             comes
             the
             
               Parliament
               of
               wonders
            
             ,
             wherein
             the
             
               Kings
               Party
               are
               declared
               Traytors
            
             ,
             and
             the
             
               chief
               Judges
               with
               their
               Law
               judged
               by
               another
               Law.
            
             The
             King
             not
             meddled
             with
             ,
             thinks
             it
             high
             time
             to
             come
             out
             of
             his
             Minority
             ,
             and
             assumes
             the
             Government
             of
             the
             Kingdom
             ,
             and
             himself
             ,
             to
             himself
             ,
             being
             now
             Three
             and
             twenty
             years
             of
             Age
             ;
             old
             enough
             to
             have
             done
             well
             ,
             if
             he
             had
             cared
             for
             it
             .
             But
             resolving
             to
             follow
             the
             way
             of
             his
             own
             will
             ,
             at
             length
             it
             led
             him
             to
             his
             own
             ruine
             .
             Onely
             for
             the
             present
             two
             things
             delayed
             it
             ,
             viz.
             the
             Authority
             ,
             Wisdom
             ,
             and
             Moderation
             of
             his
             Unkles
             ,
             especially
             of
             the
             Duke
             of
             Lancaster
             ,
             now
             come
             out
             of
             Spain
             ;
             and
             the
             great
             affection
             which
             the
             King
             pretended
             to
             the
             Queen
             ,
             who
             had
             also
             gained
             a
             good
             opinion
             amongst
             the
             people
             .
             The
             benevolent
             aspect
             of
             the
             people
             ,
             not
             for
             their
             own
             advantage
             ,
             but
             for
             the
             publick
             quiet
             ,
             procured
             many
             Parlies
             and
             Interviews
             between
             the
             King
             and
             people
             ,
             and
             many
             Laws
             for
             the
             upholding
             of
             the
             Court
             and
             Government
             ;
             although
             both
             War
             ,
             Laws
             ,
             Justice
             ,
             and
             Councils
             ,
             all
             are
             faint
             ,
             as
             all
             is
             faint
             in
             that
             man
             that
             hath
             once
             dismann'd
             himself
             .
             This
             he
             perceives
             well
             enough
             ,
             and
             therefore
             Peace
             he
             must
             have
             by
             any
             means
             .
             The
             Queen
             dies
             ;
             himself
             being
             nigh
             Eight
             and
             twenty
             years
             old
             ;
             takes
             a
             Creature
             like
             a
             Wife
             ,
             but
             in
             truth
             a
             Childe
             of
             Eight
             years
             old
             ,
             and
             this
             is
             to
             get
             peace
             with
             France
             .
             It
             is
             no
             wonder
             if
             now
             he
             hunts
             after
             unlawful
             game
             ,
             and
             that
             being
             ill
             taken
             ,
             brings
             all
             things
             out
             of
             order
             ;
             
               For
               abused
               Marrige
               never
               wants
               wo.
            
             Civil
             men
             are
             now
             looked
             upon
             as
             severe
             Cato's
             ;
             and
             his
             Unkles
             ,
             especially
             the
             Duke
             of
             Gloucester
             ,
             with
             a
             jealous
             eye
             ;
             which
             accomplished
             his
             death
             in
             the
             conclusion
             .
             
             The
             Dukes
             of
             Lancaster
             and
             York
             forsake
             the
             Court
             ,
             Favourites
             step
             into
             their
             rooms
             .
             The
             old
             way
             of
             the
             eleventh
             year
             is
             re-assumed
             ;
             Belknap
             and
             others
             are
             pardoned
             ,
             and
             made
             of
             the
             Cabinet
             .
             The
             pardon
             of
             the
             Earl
             of
             Arundel
             is
             adnulled
             ,
             contrary
             to
             the
             advice
             of
             the
             major
             part
             ;
             and
             the
             Archbishop
             ,
             the
             Earl's
             Brother
             ,
             is
             banished
             .
             The
             Lords
             forsake
             the
             wilful
             King
             ;
             still
             the
             King's
             Jealousie
             swells
             .
             The
             Duke
             of
             Hertford
             is
             banished
             ,
             or
             rather
             by
             a
             hidden
             Providence
             sent
             out
             of
             the
             way
             for
             a
             further
             work
             .
             The
             Duke
             of
             Lancaster
             dies
             ,
             and
             with
             him
             all
             hope
             of
             moderation
             is
             gone
             ;
             for
             he
             was
             a
             wise
             Prince
             ,
             and
             the
             onely
             Cement
             that
             held
             the
             Joynts
             of
             the
             Kingdom
             in
             correspondency
             :
             And
             he
             was
             ill
             requited
             ,
             for
             all
             his
             Estate
             is
             seized
             upon
             .
             The
             Duke
             of
             Hertford
             and
             his
             party
             are
             looked
             upon
             by
             the
             people
             as
             Martyrs
             in
             the
             Common
             Cause
             ,
             and
             others
             as
             Royalists
             .
             Extremities
             hasten
             on
             ;
             and
             Prerogative
             ,
             now
             upon
             the
             wing
             ,
             is
             towering
             above
             reach
             .
             In
             full
             Parliament
             ,
             down
             goes
             all
             the
             work
             of
             the
             tenth
             and
             eleventh
             years
             Parliament
             :
             which
             had
             never
             been
             ,
             if
             that
             Parliament
             had
             continued
             by
             adjournment
             .
             The
             King
             raiseth
             a
             power
             ,
             which
             he
             calleth
             his
             Guard
             ,
             of
             
             Cheshire-men
             ;
             under
             the
             terrour
             of
             this
             displaying
             Rod
             ,
             
             the
             Parliament
             and
             Kingdom
             are
             brought
             to
             Confession
             .
             Cheshire
             for
             this
             service
             is
             made
             a
             Principality
             ;
             and
             thus
             goes
             Counties
             up
             ,
             and
             Kingdoms
             down
             .
             The
             King's
             Conscience
             whispers
             a
             sad
             message
             of
             dethroning
             ;
             and
             well
             it
             might
             be
             ,
             for
             he
             knew
             he
             had
             deserved
             it
             .
             Against
             this
             danger
             he
             entrenches
             himself
             in
             an
             Act
             of
             Parliament
             ,
             
             that
             made
             it
             Treason
             
               To
               purpose
               and
               endeavour
               to
               depose
               the
               King
               ,
               or
               levy
               War
               against
               him
               ,
               or
               to
               withdraw
               his
               Homage
               ,
               hereof
               being
               attainted
               in
               Parliament
               .
            
             And
             now
             he
             thought
             he
             was
             well
             guarded
             by
             engagement
             from
             the
             Parliament
             ;
             but
             he
             missed
             the
             right
             conclusion
             ,
             for
             want
             of
             Logick
             :
             For
             if
             the
             Parliament
             it self
             shall
             depose
             him
             ,
             it
             cannot
             be
             made
             a
             Traytor
             ,
             or
             attaint
             it self
             ,
             and
             then
             hath
             the
             King
             gained
             no
             more
             than
             a
             false
             birth
             .
          
           
             But
             the
             King
             was
             not
             thus
             quiet
             ,
             the
             sting
             of
             guilt
             still
             sticks
             within
             ,
             and
             for
             remedy
             he
             will
             unlaw
             the
             Law
             ;
             and
             gets
             it
             enacted
             ,
             That
             all
             procurers
             of
             the
             Statute
             of
             10
             Richard
             the
             Second
             ,
             and
             the
             Commission
             and
             procurers
             of
             the
             King's
             assent
             thereto
             ,
             and
             hinderers
             of
             the
             King's
             proceedings
             ,
             are
             adjudged
             Traytors
             .
             All
             these
             reach
             onely
             the
             Branches
             ,
             the
             Root
             remains
             yet
             ,
             and
             may
             spring
             again
             ;
             and
             therefore
             in
             the
             last
             place
             have
             at
             the
             Parliament
             it self
             .
             For
             by
             the
             same
             it
             is
             further
             declared
             ,
             
               That
               the
               King
               is
               the
               sole
               Master
               of
               the
               Propositions
               for
               matters
               to
               be
               treated
               in
               Parliament
               ,
               and
               all
               gainsayers
               are
               Traitors
               .
            
          
           
             Secondly
             ,
             That
             the
             King
             may
             dissolve
             the
             Parliament
             at
             his
             pleasure
             ,
             and
             all
             gainsayers
             are
             Traitors
             .
          
           
             Thirdly
             ,
             
               That
               the
               Parliament
               may
               not
               proceed
               against
               the
               King's
               Justices
               ,
               for
               offences
               by
               them
               committed
               in
               Parliament
               ,
               without
               the
               King's
               consent
               ;
               and
               all
               gainsayers
               are
               Traitors
               .
            
             These
             and
             the
             like
             Aphorisms
             once
             voted
             by
             the
             
             Cheshire-men
             ,
             assented
             unto
             by
             the
             Parliament
             ,
             with
             the
             Kings
             Fiat
             ,
             must
             pass
             for
             currant
             to
             the
             Judges
             ;
             and
             if
             by
             them
             confirmed
             or
             allowed
             ,
             will
             in
             the
             King's
             opinion
             make
             it
             a
             Law
             for
             ever
             ,
             That
             the
             King
             in
             all
             Parliaments
             is
             
               Dominus
               fac
               primum
            
             ,
             and
             
               Dominus
               fac
               totum
            
             .
             But
             the
             Judges
             remembred
             the
             Tenth
             year
             ,
             and
             
             Belknap's
             entertainment
             ,
             and
             so
             dealt
             warily
             ;
             their
             opinion
             is
             thus
             set
             down
             :
             
               It
               belongeth
               to
               the
               Parliament
               to
               declare
               Treason
               ;
               yet
               if
               I
               were
               a
               Peer
               ,
               and
               were
               commanded
               ,
               I
               should
               agree
               .
            
             So
             did
             Thorning
             under-write
             ;
             and
             thereunto
             also
             consented
             Rickill
             ,
             and
             Sir
             
               Walter
               Clopton
               ▪
            
             the
             last
             being
             Chief-Justice
             of
             the
             King's
             Bench
             ,
             the
             first
             Chief-Justice
             of
             the
             Common-pleas
             ,
             and
             the
             
             second
             another
             Judge
             of
             the
             same
             Bench.
             The
             sum
             in
             plainer
             sence
             is
             ,
             that
             if
             they
             were
             Peers
             ,
             they
             would
             agree
             ;
             but
             as
             Judges
             ,
             they
             would
             be
             silent
             .
             And
             thus
             the
             Parliament
             of
             England
             by
             the
             first
             of
             these
             four
             last-mentioned
             conclusions
             attainted
             themselves
             ;
             by
             the
             second
             yielded
             up
             their
             Liberties
             ;
             by
             the
             third
             their
             Lives
             ;
             and
             by
             the
             last
             ,
             would
             have
             done
             more
             ,
             or
             been
             less
             :
             And
             to
             fill
             up
             the
             measure
             of
             all
             ,
             they
             assigned
             over
             a
             right
             of
             Legislative
             power
             unto
             six
             Lords
             ,
             and
             three
             Commons
             ;
             and
             yet
             the
             King
             ,
             not
             content
             ,
             superadded
             ,
             that
             it
             should
             be
             Treason
             for
             any
             man
             to
             endeavour
             to
             repeal
             any
             of
             their
             determinations
             .
          
           
             The
             Commonwealth
             thus
             underneath
             ,
             the
             King
             tramples
             upon
             all
             at
             once
             ;
             for
             having
             espied
             the
             shadow
             of
             a
             Crown
             fleeting
             from
             him
             in
             Ireland
             ,
             he
             pursues
             it
             ,
             leaves
             the
             noble
             Crown
             of
             England
             in
             the
             base
             condition
             of
             a
             Farm
             ,
             subject
             to
             strip
             and
             waste
             by
             mean
             men
             ,
             and
             crosses
             the
             Irish
             Seas
             with
             an
             Army
             .
             This
             was
             one
             of
             
             England's
             Climacterical
             years
             ,
             under
             a
             Disease
             so
             desperate
             ,
             that
             no
             hope
             was
             left
             but
             by
             a
             desperate
             Cure
             ,
             by
             sudden
             bleeding
             in
             the
             Head
             ,
             and
             cutting
             off
             that
             Member
             that
             is
             a
             principle
             of
             motion
             in
             the
             Body
             .
             For
             it
             was
             not
             many
             Moneths
             e're
             the
             wind
             of
             affairs
             changed
             ;
             the
             King
             now
             in
             Ireland
             ,
             another
             steps
             into
             the
             Throne
             .
             The
             noise
             hereof
             makes
             him
             return
             ,
             afar
             off
             enraged
             ;
             but
             the
             nigher
             he
             comes
             ,
             the
             cooler
             he
             grows
             ;
             his
             Conscience
             revives
             ,
             his
             Courage
             decays
             ;
             and
             leaving
             his
             Army
             ,
             his
             Lordship
             ,
             Kingdom
             ,
             and
             Liberty
             behind
             ,
             as
             a
             naked
             man
             ,
             submits
             himself
             to
             release
             all
             Homage
             and
             Fealty
             ;
             to
             resign
             his
             Crown
             and
             Dignity
             ,
             his
             Titles
             and
             Authority
             ;
             to
             acknowledge
             himself
             unworthy
             and
             insufficient
             to
             reign
             ;
             to
             swear
             never
             to
             repent
             of
             his
             resignation
             :
             And
             thus
             ,
             if
             he
             will
             have
             any
             quiet
             ,
             this
             wilful
             man
             must
             be
             content
             for
             the
             future
             ,
             neither
             to
             will
             nor
             desire
             .
             And
             poor
             England
             must
             for
             a
             time
             be
             contented
             with
             a
             doleful
             condition
             ,
             in
             which
             the
             King
             cannot
             rule
             ,
             and
             the
             Parliament
             will
             not
             ,
             and
             the
             whole
             body
             like
             a
             Chaos
             capable
             of
             any
             form
             that
             the
             next
             daring
             spirit
             shall
             brood
             upon
             it
             .
          
        
         
           
             CHAP.
             II.
             Of
             the
             State
             of
             the
             King
             and
             Parliament
             ,
             in
             relation
             of
             it
             to
             him
             ,
             and
             him
             to
             it
             .
          
           
             
               A
               King
               in
               Parliament
               is
               like
               the
               first-born
               of
            
             Jacob
             ,
             The
             excellency
             of
             Dignity
             ,
             and
             the
             excellency
             of
             Power
             ;
             
               but
               alone
               ,
               unstable
               as
               water
               .
               Examples
               of
               both
               these
               we
               have
               in
               these
               two
               Kings
               ,
            
             Whereof
             the
             first
             was
             Crowned
             by
             the
             Parliament
             ,
             and
             Crowned
             it
             ;
             the
             latter
             also
             Crowned
             it
             ,
             but
             with
             Thorns
             ;
             and
             yet
             the
             Parliament
             in
             all
             held
             on
             that
             wise
             way
             ,
             that
             it
             neither
             exceeded
             its
             own
             bounds
             ,
             nor
             lost
             its
             own
             right
             .
          
           
             I
             shall
             enter
             into
             the
             consideration
             of
             particulars
             under
             these
             heads
             :
             First
             ,
             
               In
               relation
               more
               immediately
               to
               the
               interest
               of
               the
               King
               :
            
             Secondly
             ,
             
               To
               the
               interest
               of
               the
               Kingdom
               in
               general
               .
            
             The
             King
             ,
             though
             higher
             than
             all
             the
             people
             by
             the
             head
             ,
             and
             so
             hath
             the
             Prerogative
             of
             Honour
             as
             the
             most
             worthy
             ,
             yet
             his
             strength
             and
             abilities
             originally
             do
             rise
             from
             beneath
             ;
             otherwise
             ,
             he
             is
             but
             like
             a
             General
             without
             an
             Army
             ,
             the
             Title
             big
             ,
             but
             airy
             ;
             and
             many
             times
             his
             person
             subject
             to
             so
             much
             danger
             ,
             that
             instead
             of
             drawing
             the
             Eyes
             of
             all
             the
             people
             to
             look
             upon
             him
             with
             admiration
             ,
             they
             are
             drawn
             to
             look
             to
             him
             with
             observation
             ;
             
             and
             in
             this
             respect
             he
             may
             be
             said
             to
             be
             less
             his
             own
             man
             ,
             and
             
               more
               the
               Kingdoms
            
             ,
             than
             any
             of
             the
             inferiour
             sort
             .
             This
             befel
             in
             both
             these
             Kings
             in
             a
             special
             manner
             ;
             each
             entring
             upon
             the
             grand
             Government
             of
             a
             Kingdom
             ,
             before
             they
             were
             able
             to
             understand
             the
             work
             ,
             or
             govern
             themselves
             :
             and
             therefore
             were
             under
             power
             of
             Protectors
             for
             the
             guard
             of
             their
             Persons
             and
             their
             Education
             ,
             and
             of
             the
             Parliament
             for
             Counsel
             and
             Direction
             in
             Cases
             relating
             to
             the
             Kingdom
             .
             The
             child
             of
             a
             mean
             man
             ,
             when
             its
             Parents
             are
             dead
             ,
             is
             
               Filius
               Amici
            
             ;
             but
             a
             King
             is
             
               Filius
               Populi
            
             ,
             to
             be
             by
             them
             trained
             up
             in
             such
             manner
             ,
             that
             he
             may
             be
             
               Pater
               Populi
            
             when
             he
             is
             come
             to
             age
             .
             In
             the
             mean
             time
             ,
             though
             he
             be
             a
             King
             ,
             yet
             his
             Person
             like
             a
             precious
             Jem
             must
             not
             out
             of
             the
             Ring
             ,
             but
             must
             be
             directed
             by
             Council
             ,
             though
             under
             some
             kind
             of
             restraint
             ,
             and
             the
             Counsellors
             all
             the
             while
             no
             Offenders
             in
             such
             cases
             against
             the
             Prerogative
             Royal.
             
             And
             therefore
             ,
             though
             it
             be
             true
             that
             Kings
             grow
             faster
             than
             other
             men
             ,
             and
             sooner
             come
             to
             full
             age
             than
             they
             ;
             yet
             Edward
             the
             Third
             ,
             now
             in
             his
             sixteenth
             year
             ,
             might
             not
             pass
             over
             Sea
             into
             France
             ,
             though
             it
             were
             for
             restoring
             of
             Peace
             ,
             but
             by
             direction
             of
             the
             Parliament
             :
             nor
             is
             it
             meet
             in
             such
             cases
             ,
             that
             Kings
             should
             stand
             upon
             the
             Prerogative
             of
             a
             Negative
             .
             Secondly
             ,
             it
             may
             likewise
             be
             said
             ,
             
               That
               his
               Family
               is
               less
               his
               own
               ,
               as
               he
               is
               a
               man
               ,
               than
               other
               mens
               :
            
             For
             private
             Families
             are
             no
             further
             under
             the
             publick
             Law
             ,
             than
             in
             relation
             to
             the
             publick
             Peace
             ,
             to
             punish
             after
             breach
             made
             ;
             but
             the
             Families
             of
             Kings
             are
             looked
             upon
             by
             all
             in
             relation
             to
             the
             honour
             and
             profit
             of
             the
             Publick
             ;
             not
             onely
             because
             the
             King's
             servants
             have
             ,
             by
             their
             nigh
             attendance
             upon
             his
             person
             ,
             a
             more
             powerful
             influence
             into
             his
             actions
             ,
             which
             may
             reflect
             a
             malevolent
             Aspect
             upon
             the
             whole
             course
             of
             affairs
             ,
             if
             they
             be
             not
             better
             ordered
             that
             are
             so
             nigh
             him
             ;
             but
             more
             especially
             in
             regard
             that
             the
             government
             and
             order
             of
             the
             Royal
             Family
             trencheth
             deep
             upon
             the
             Honour
             of
             the
             Kingdom
             ,
             and
             Purses
             of
             the
             People
             ,
             who
             are
             concerned
             to
             see
             the
             same
             accommodated
             suitable
             to
             the
             State
             and
             Port
             which
             the
             Nation
             would
             bear
             forth
             to
             the
             World.
             
               And
               therefore
               for
               the
               Parliament
               to
               intermeddle
               in
               the
               King's
               Family
               ,
               is
               not
               foreign
               nor
               new
               .
               Alice
               Piers
            
             was
             a
             Familiar
             ,
             if
             not
             of
             the
             Family
             of
             Edward
             the
             Third
             ;
             yet
             both
             her self
             ,
             and
             others
             of
             that
             Family
             ,
             were
             complained
             of
             as
             a
             grievance
             .
             Richard
             the
             Second
             was
             once
             a
             young
             man
             ,
             and
             ever
             a
             young
             King
             ;
             and
             what
             Edward
             the
             Third
             wanted
             onely
             in
             his
             Youth
             ,
             and
             in
             his
             infirm
             old
             Age
             ,
             this
             man
             ever
             wanted
             :
             for
             he
             that
             knew
             not
             how
             to
             govern
             himself
             ,
             how
             much
             less
             could
             he
             govern
             his
             Family
             ?
             And
             if
             in
             this
             condition
             the
             Parliament
             become
             his
             Stewards
             ,
             to
             set
             a
             yearly
             Survey
             and
             Check
             upon
             his
             Servants
             and
             Family
             ,
             in
             order
             to
             the
             good
             order
             of
             the
             same
             and
             Kingdom
             ,
             other
             wise
             men
             must
             conclude
             ,
             
             it
             did
             that
             which
             was
             just
             ;
             though
             Richard
             the
             Second
             ,
             and
             those
             of
             his
             mind
             ,
             
             think
             not
             so
             .
             But
             this
             is
             not
             all
             ;
             Kings
             have
             not
             onely
             such
             as
             serve
             the
             outward
             man
             ,
             but
             some
             that
             serve
             their
             Consciences
             ,
             of
             old
             time
             called
             Confessors
             ;
             in
             these
             days
             without
             name
             ,
             for
             fear
             of
             Superstition
             ;
             yet
             the
             thing
             remaineth
             still
             in
             some
             well-favoured
             Chaplain
             ,
             and
             their
             work
             is
             to
             lead
             the
             King's
             Conscience
             in
             dark
             ways
             ,
             or
             rather
             into
             them
             .
             Commonly
             he
             hath
             a
             devout
             outside
             ,
             and
             that
             is
             the
             King's
             Idol
             :
             but
             if
             while
             his
             eye
             be
             towards
             Jerusalem
             ,
             his
             mind
             be
             towards
             the
             dead
             Sea
             ,
             the
             King
             is
             his
             ;
             and
             then
             the
             blind
             leads
             the
             blind
             :
             Like
             some
             
               Ignis
               fatuus
            
             ,
             to
             such
             as
             know
             it
             not
             .
             No
             man
             is
             so
             well
             known
             by
             his
             company
             ,
             as
             Kings
             are
             by
             these
             men
             ,
             and
             these
             men
             by
             their
             actions
             .
             Although
             some
             have
             been
             so
             witty
             as
             to
             cheat
             the
             whole
             Generation
             of
             Mankind
             ,
             by
             entertaining
             holy
             men
             to
             be
             their
             Chaplains
             ;
             themselves
             the
             mean
             
             time
             without
             any
             spark
             of
             that
             holy
             Fire
             :
             Yet
             this
             King
             was
             not
             so
             cunning
             ;
             he
             had
             a
             Confessor
             of
             his
             own
             choice
             ,
             and
             according
             to
             his
             own
             heart
             ,
             who
             was
             complained
             of
             as
             a
             grievance
             ,
             
             and
             the
             Parliament
             removed
             him
             .
             So
             nigh
             they
             ventured
             ,
             even
             to
             invade
             the
             King
             's
             own
             Conscience
             ,
             if
             it
             may
             be
             called
             Conscience
             ,
             that
             will
             acknowledge
             no
             Law
             but
             that
             of
             its
             own
             mind
             .
          
           
             Thirdly
             ,
             the
             King's
             Revenue
             was
             under
             the
             check
             and
             controul
             of
             the
             Parliament
             ;
             for
             it
             befals
             some
             Princes
             ,
             as
             other
             men
             ,
             to
             be
             sometimes
             poor
             in
             abundance
             ,
             by
             riotous
             flooding
             treasure
             out
             in
             the
             lesser
             currents
             ,
             and
             leaving
             the
             greater
             channels
             dry
             .
             This
             is
             an
             insupportable
             evil
             ,
             because
             it
             is
             destructive
             to
             the
             very
             being
             of
             affairs
             ,
             whether
             for
             War
             or
             Peace
             .
             
               For
               the
               King's
               Treasure
               is
               of
               a
               mixt
               nature
               ,
               much
               of
               it
               being
               intended
               for
               publick
               service
               ,
               as
               himself
               is
               a
               publick
               person
               .
            
             And
             for
             this
             cause
             he
             hath
             Officers
             of
             several
             natures
             attending
             upon
             his
             Treasury
             :
             Some
             for
             Land
             ,
             some
             for
             Sea
             ,
             some
             for
             the
             general
             Treasure
             of
             the
             Kingdom
             ,
             some
             for
             that
             of
             the
             Houshold
             ,
             and
             some
             for
             the
             
               Privy
               Purse
            
             .
             The
             common
             end
             of
             all
             being
             to
             maintain
             State
             in
             time
             of
             Peace
             ,
             and
             Strength
             against
             time
             of
             War.
             Because
             it
             is
             no
             easie
             matter
             to
             maintain
             the
             just
             proportions
             for
             each
             of
             the
             said
             ends
             ,
             it
             is
             the
             less
             wonder
             that
             such
             a
             brave
             Prince
             as
             Edward
             the
             Third
             should
             labour
             under
             want
             for
             maintenance
             of
             the
             Wars
             ;
             and
             so
             lavish
             a
             Spendthrift
             as
             Richard
             the
             Second
             ,
             should
             labour
             under
             more
             want
             to
             maintain
             his
             port
             and
             countenance
             in
             peace
             .
             And
             therefore
             ,
             though
             it
             be
             true
             that
             the
             publick
             Treasure
             is
             committed
             to
             the
             King
             as
             the
             chief
             Steward
             of
             the
             Realm
             ;
             
               yet
               it
               is
               as
               true
               ,
               that
               he
               is
               but
               a
               Steward
               ,
               and
               that
               the
               Supreme
               survey
               of
               the
               Treasure
               resteth
               in
               the
               Parliament
               ,
            
             who
             are
             to
             see
             that
             the
             Treasure
             be
             not
             irregularly
             wasted
             ,
             to
             reduce
             the
             same
             into
             order
             ;
             and
             for
             that
             end
             to
             call
             the
             Treasurers
             and
             Receivers
             to
             account
             ,
             to
             see
             to
             the
             punishing
             of
             such
             as
             are
             unfaithful
             ,
             and
             encouraging
             of
             others
             that
             are
             faithful
             .
             For
             when
             by
             extravagant
             courses
             the
             Treasure
             is
             wasted
             ,
             by
             extraordinary
             courses
             it
             must
             be
             supplied
             ;
             which
             ever
             is
             out
             of
             the
             Subjects
             Purses
             .
             And
             in
             such
             cases
             it
             is
             great
             reason
             that
             they
             should
             observe
             which
             way
             the
             course
             lies
             of
             such
             Expences
             .
             If
             then
             in
             such
             cases
             sometimes
             the
             Parliament
             hath
             stayed
             the
             issuing
             out
             of
             the
             King's
             Revenue
             for
             some
             time
             ,
             or
             otherwise
             viewed
             and
             examined
             the
             same
             ,
             
             charged
             it
             with
             conditions
             ,
             22.
             
             
               E.
               3.
               n.
               29.
               14
               
               R.
               2.
               n.
            
             15.
             limited
             it
             to
             certain
             uses
             ,
             
             and
             in
             case
             of
             misuser
             ,
             refused
             to
             levy
             or
             make
             payments
             ;
             the
             case
             will
             be
             without
             dispute
             ,
             
             that
             the
             Parliament
             ordered
             the
             
               publick
               Treasure
            
             as
             they
             saw
             most
             need
             .
             
             But
             much
             more
             ,
             if
             we
             consider
             how
             the
             greatest
             part
             of
             this
             Treasure
             was
             raised
             .
             
             viz.
             not
             from
             the
             
               old
               Revenues
            
             of
             the
             Crown
             ,
             
             but
             by
             
               new
               Impositions
            
             ,
             Levies
             ,
             and
             Assessments
             laid
             upon
             the
             People
             ,
             even
             what
             they
             pleased
             ,
             and
             in
             what
             manner
             they
             thought
             meet
             ,
             and
             not
             otherwise
             .
             Aids
             are
             lawful
             ,
             if
             they
             be
             legally
             given
             by
             common
             consent
             of
             Parliament
             .
             Taxes
             ,
             if
             legally
             given
             by
             Parliament
             ,
             are
             no
             less
             lawful
             ;
             
             yet
             they
             must
             be
             collected
             in
             such
             manner
             ,
             and
             by
             such
             means
             as
             the
             Parliaments
             Order
             doth
             direct
             .
             Loans
             of
             moneys
             to
             the
             King
             may
             be
             made
             by
             them
             that
             will
             ;
             
               but
               the
               King
               must
               not
               demand
               them
               ,
               because
               the
               Subject
               hath
               no
               means
               to
               recover
               the
               debt
               .
            
             
             This
             trick
             had
             been
             lately
             tryed
             by
             Edward
             the
             Second
             ,
             much
             money
             he
             got
             ,
             and
             it
             was
             repayed
             by
             the
             Order
             of
             the
             Parliament
             .
             But
             of
             all
             the
             rest
             ,
             nothing
             shewed
             more
             absolute
             Authority
             in
             the
             publick
             Revenue
             ,
             than
             the
             care
             that
             was
             had
             of
             the
             Demesnes
             of
             the
             Crown
             :
             
             for
             whereas
             the
             Expxences
             of
             Kings
             grew
             so
             vast
             ,
             that
             neither
             the
             yearly
             Revenue
             could
             suffice
             ,
             nor
             Aids
             ,
             Assessments
             ;
             and
             Taxes
             could
             satisfie
             ,
             however
             ordinary
             they
             in
             these
             times
             were
             become
             ;
             
             rather
             than
             Kings
             would
             contain
             themselves
             ,
             they
             would
             invade
             their
             own
             Demesnes
             ,
             by
             pawning
             ,
             selling
             ,
             and
             giving
             them
             away
             ,
             either
             for
             love
             or
             money
             :
             and
             thus
             was
             poverty
             treasured
             up
             against
             the
             future
             ,
             both
             for
             King
             and
             Crown
             .
             The
             Parliament
             espying
             this
             leak
             that
             was
             like
             to
             undo
             all
             ,
             applyed
             a
             speedy
             remedy
             ,
             undoing
             what
             was
             done
             ,
             and
             undoing
             some
             by
             an
             
               Act
               of
               Resumption
            
             ;
             and
             thereby
             taught
             Kings
             to
             look
             to
             their
             Honour
             better
             for
             the
             future
             ,
             
             and
             People
             also
             to
             take
             heed
             of
             medling
             with
             such
             ticklish
             matters
             ,
             and
             to
             know
             that
             he
             that
             hath
             such
             in
             his
             possession
             ,
             hath
             them
             by
             a
             crack'd
             Title
             ,
             that
             cannot
             be
             amended
             but
             by
             Act
             of
             Parliament
             .
          
           
             Fourthly
             ,
             an
             English
             King
             is
             no
             Out-law
             ;
             nor
             can
             he
             do
             any
             wrong
             ,
             though
             the
             man
             may
             .
             He
             hath
             a
             double
             relation
             ,
             
               one
               as
               a
               King
            
             ,
             the
             
               other
               as
               a
               Man
            
             ;
             and
             the
             uniting
             of
             both
             in
             one
             person
             ,
             hath
             cheated
             many
             a
             man
             of
             his
             judgment
             in
             the
             case
             of
             Prerogative
             .
             He
             hath
             a
             double
             Will
             ,
             and
             these
             many
             times
             contrary
             ,
             equally
             as
             in
             other
             Relations
             ;
             and
             in
             this
             contrariety
             ,
             sometimes
             the
             King
             overcomes
             the
             Man
             ,
             and
             sometimes
             the
             Man
             the
             King
             :
             so
             as
             if
             any
             man
             ,
             the
             King
             hath
             much
             more
             cause
             to
             cry
             out
             ,
             
               O
               miserable
               man
            
             !
             These
             divers
             Wills
             are
             generally
             led
             by
             divers
             Rules
             :
             One
             of
             a
             man
             ,
             which
             many
             times
             reacheth
             no
             higher
             than
             the
             Affections
             ;
             and
             if
             the
             man
             be
             weak
             ,
             they
             deserve
             little
             better
             name
             than
             Lusts.
             The
             rule
             of
             a
             King
             is
             Law
             ,
             or
             Councils
             ,
             of
             these
             in
             place
             ;
             and
             unto
             these
             in
             all
             prudentials
             ,
             he
             must
             submit
             his
             Judgment
             and
             Will
             ,
             as
             he
             is
             a
             King.
             Nor
             can
             he
             do
             otherwise
             ,
             unless
             he
             will
             presume
             to
             be
             wiser
             than
             his
             Council
             .
             Suitable
             hereunto
             doth
             that
             clause
             in
             one
             of
             the
             Statutes
             of
             these
             times
             conclude
             ,
             
             
               viz.
               That
               the
               King
               is
               bound
               by
               his
               Oath
               ,
               to
               pass
               all
               Laws
               that
               are
               for
               the
               good
               of
               the
               Kingdom
               .
            
             For
             were
             the
             power
             of
             Election
             ,
             or
             determination
             of
             the
             point
             ,
             onely
             in
             the
             King
             ,
             then
             were
             the
             Oath
             in
             vain
             ;
             nor
             is
             the
             Parliament
             at
             all
             (
             in
             case
             of
             the
             King's
             dissent
             )
             to
             judge
             of
             the
             convenience
             or
             inconvenience
             of
             Proposals
             made
             for
             the
             good
             of
             the
             whole
             body
             ,
             
             according
             to
             that
             power
             which
             is
             exercised
             in
             these
             times
             .
             
             Nor
             is
             it
             rational
             to
             infer
             here
             from
             that
             ,
             
             if
             Law
             and
             Council
             be
             the
             Rule
             of
             a
             King
             ,
             then
             the
             Obedience
             of
             the
             People
             unto
             this
             King
             must
             be
             in
             order
             to
             Law
             and
             Council
             ,
             otherwise
             the
             Disobedience
             cannot
             be
             determined
             to
             be
             against
             the
             King
             ,
             but
             against
             the
             Man
             ;
             and
             though
             against
             the
             private
             Will
             of
             the
             Commander
             ,
             yet
             not
             against
             the
             Law
             ;
             nor
             therefore
             can
             it
             be
             said
             illegal
             or
             unjust
             .
             The
             Parliament
             in
             these
             times
             held
             forth
             this
             Doctrine
             plainly
             to
             the
             World
             ,
             
             
               That
               it
               is
               their
               proper
               work
               ,
               in
               Cases
               needful
               ,
               to
               do
               right
               to
               such
               as
               are
               wronged
               by
               the
               King
               :
               his
               Command
               is
               no
               Warrant
               in
               such
               Cases
               .
            
             
             If
             a
             man
             be
             wrongfully
             imprisoned
             by
             him
             ,
             he
             shall
             be
             released
             and
             set
             at
             liberty
             by
             them
             .
             
             Let
             his
             Act
             be
             never
             so
             authentical
             under
             the
             Broad
             Seal
             ,
             
             it
             can
             take
             no
             man's
             Right
             away
             .
             Richard
             the
             Second
             did
             his
             utmost
             to
             satisfie
             and
             quiet
             the
             tumultuous
             Rabble
             under
             Cade
             and
             Straw
             ,
             and
             granted
             store
             of
             Manumissions
             to
             the
             Bond-men
             by
             Declaration
             ,
             
             and
             by
             his
             Letters-Patents
             ;
             but
             not
             one
             of
             them
             good
             enough
             to
             deprive
             any
             one
             of
             the
             meanest
             of
             the
             Free-men
             of
             their
             Rights
             in
             those
             Bond-men
             .
             The
             priviledge
             of
             shewing
             mercy
             ,
             and
             granting
             pardon
             ,
             hath
             been
             anciently
             betrusted
             to
             the
             King
             ,
             as
             an
             Overseer
             of
             the
             execution
             of
             Law
             ;
             yet
             he
             hath
             not
             that
             Prerogative
             ,
             
               To
               have
               mercy
               on
               whom
               he
               will
               have
               mercy
               .
            
             Ever
             since
             this
             Nation
             had
             learned
             to
             read
             the
             Bible
             ,
             Murther
             hath
             been
             excepted
             from
             mercy
             ;
             nor
             did
             the
             Law
             ever
             allow
             any
             King
             that
             Prerogative
             to
             pardon
             that
             .
             Edward
             the
             Third
             did
             not
             challenge
             any
             such
             ,
             
             not
             onely
             bound
             thereto
             by
             his
             Coronation-Oath
             ,
             
             but
             by
             publick
             
               Acts
               of
               State
            
             declaring
             the
             same
             :
             
             yet
             because
             the
             Parliament
             was
             not
             always
             sitting
             ,
             
             and
             Kings
             were
             ever
             subject
             to
             this
             Temptation
             ,
             to
             favour
             Servants
             by
             granting
             mercy
             to
             Malefactors
             ;
             a
             general
             Rule
             of
             Inhibition
             is
             made
             against
             all
             pardon
             to
             be
             granted
             by
             the
             King
             in
             case
             of
             Felony
             ,
             but
             onely
             in
             cases
             allowed
             by
             advice
             of
             the
             Council
             .
             It
             is
             true
             ,
             that
             in
             the
             first
             times
             of
             Richard
             the
             Second
             ,
             he
             liked
             not
             to
             be
             thus
             girt
             in
             his
             power
             ,
             which
             he
             pretended
             was
             more
             at
             liberty
             in
             his
             Predecessors
             ;
             
             possibly
             he
             meaned
             King
             John
             ,
             and
             Edward
             the
             Second
             ,
             who
             many
             times
             did
             what
             they
             listed
             :
             yet
             under
             his
             favour
             ,
             no
             Law
             was
             so
             shameless
             ,
             as
             to
             hold
             forth
             such
             a
             power
             ,
             till
             Richard
             the
             Second's
             Law
             countenanced
             it
             .
             
             But
             why
             do
             I
             call
             it
             a
             Law
             ,
             which
             is
             onely
             a
             Declaration
             by
             consent
             of
             the
             Lords
             ,
             such
             as
             then
             were
             ?
             the
             Commons
             would
             never
             own
             such
             an
             Opinion
             :
             
             And
             therefore
             it
             soon
             proved
             abortive
             ;
             for
             within
             three
             or
             four
             years
             ,
             by
             publick
             Act
             of
             Parliament
             ,
             it
             is
             peremptorily
             declared
             ,
             That
             the
             King's
             Pardon
             shall
             not
             extend
             to
             Murther
             .
             So
             as
             upon
             the
             whole
             matter
             it
             is
             plain
             ,
             
               That
               it
               is
               not
               the
               King's
               Will
               ,
               though
               supported
               by
               the
               Council
               of
               Lords
               ,
               and
               backed
               by
               the
               Opinion
               of
               the
               Judges
               ,
               that
               must
               be
               a
               Rule
               for
               the
               Government
               of
               this
               Kingdom
               ;
               nor
               doth
               any
               Allegiance
               bind
               Obedience
               thereunto
               ,
               in
               case
               where
               Justice
               or
               the
               Liberty
               of
               the
               People
               is
               concerned
               .
            
          
           
             Three
             things
             yet
             remain
             which
             Kings
             have
             claimed
             to
             be
             their
             own
             ,
             viz.
             
               Conferring
               Titles
               of
               Honour
               ,
               and
               Places
               of
               Trust
               ,
               and
               the
               Legislative
               Power
               .
            
             The
             first
             is
             but
             a
             Feather
             ,
             and
             not
             worthy
             of
             regard
             ;
             yet
             it
             is
             plain
             that
             these
             times
             produce
             many
             precedents
             of
             
               Dukes
               ,
               Marquesses
            
             ,
             and
             Earls
             ,
             made
             in
             Parliament
             ;
             and
             possibly
             it
             may
             be
             apparent
             ,
             that
             the
             first
             motion
             of
             any
             such
             Title
             of
             Honour
             ,
             did
             first
             fetch
             its
             original
             thence
             ,
             if
             not
             in
             the
             Field
             :
             but
             it
             is
             not
             worthy
             of
             the
             labour
             .
             The
             second
             is
             more
             considerable
             ;
             
               viz.
               The
               power
               of
               conferring
               Places
               of
               Publick
               Trust
               :
            
             This
             Kings
             have
             pretended
             unto
             ,
             although
             in
             course
             of
             congruity
             it
             will
             be
             thought
             more
             meet
             ,
             that
             it
             belongeth
             rather
             to
             that
             chief
             and
             grand
             Trust
             of
             the
             whole
             Kingdom
             committed
             to
             the
             Parliament
             :
             And
             the
             practice
             of
             these
             times
             is
             not
             much
             discrepant
             ,
             whether
             we
             regard
             such
             as
             are
             for
             advice
             or
             execution
             .
             Of
             the
             first
             of
             these
             ,
             are
             those
             whom
             we
             commonly
             call
             ,
             the
             
               Privy
               Council
            
             ,
             whose
             advice
             in
             course
             toucheth
             first
             upon
             the
             King's
             Person
             ,
             but
             by
             reflection
             worketh
             strong
             impressions
             upon
             the
             People
             ,
             so
             far
             as
             the
             influence
             of
             the
             King's
             power
             extends
             .
             And
             therefore
             it
             is
             not
             beyond
             the
             Sphear
             of
             the
             Parliament
             to
             interpose
             and
             qualifie
             that
             influence
             ,
             so
             as
             it
             may
             be
             for
             the
             general
             good
             of
             the
             whole
             Kingdom
             .
             For
             many
             times
             Kings
             are
             either
             above
             or
             beneath
             themselves
             ;
             and
             in
             such
             cases
             ,
             if
             the
             Council
             be
             of
             the
             King's
             suit
             ,
             he
             is
             of
             the
             deeper
             dye
             ,
             and
             proves
             more
             Malignant
             to
             the
             People
             .
             Edward
             the
             Third
             ,
             growing
             into
             great
             opinion
             in
             the
             World
             ,
             his
             proportion
             exceeds
             his
             own
             portion
             ,
             and
             the
             Peoples
             good
             wills
             to
             boot
             ;
             
             they
             think
             the
             fault
             is
             in
             the
             Privy-Council
             ,
             and
             an
             Inquisition
             is
             set
             upon
             it
             .
             
             So
             also
             they
             do
             in
             his
             fiftieth
             year
             ,
             when
             he
             grows
             downward
             .
             
             And
             the
             like
             in
             the
             beginning
             of
             Richard
             the
             Second's
             Reign
             ,
             he
             being
             now
             a
             Youth
             ,
             and
             therefore
             unstable
             in
             his
             Resolutions
             ,
             and
             unable
             to
             make
             Election
             .
             So
             as
             upon
             the
             whole
             matter
             ,
             if
             the
             King
             fall
             short
             in
             point
             of
             Judgment
             or
             Resolution
             ,
             or
             inordinate
             in
             his
             Affections
             ;
             
             but
             more
             especially
             where
             they
             observe
             the
             major
             ,
             or
             more
             considerable
             part
             of
             the
             Council
             to
             draw
             towards
             a
             designe
             ;
             
             in
             such
             cases
             as
             these
             ,
             
             the
             Parliament
             ,
             as
             its
             own
             duty
             ,
             undertook
             to
             settle
             a
             good
             Council
             about
             the
             King's
             person
             ,
             that
             might
             advise
             him
             
             during
             their
             recess
             .
             For
             the
             Privy-Council
             is
             never
             more
             it self
             ,
             than
             when
             it
             is
             an
             Epitome
             of
             the
             Common-Council
             of
             the
             Kingdom
             .
             In
             like
             manner
             such
             Officers
             as
             concern
             execution
             of
             Law
             and
             Counsel
             ,
             are
             as
             narrowly
             to
             be
             enquired
             into
             :
             for
             if
             their
             motion
             be
             irregular
             ,
             it
             is
             less
             material
             what
             the
             rule
             be
             .
             The
             Parliament
             therefore
             held
             it
             their
             duty
             to
             interpose
             in
             the
             Election
             of
             grand
             Officers
             of
             the
             Kingdom
             ,
             such
             as
             are
             the
             
               Chancellors
               ,
               Judges
            
             ,
             and
             Justices
             ;
             or
             to
             confirm
             or
             displace
             them
             ,
             or
             bind
             them
             by
             Oath
             .
             The
             Rolls
             of
             the
             eighth
             ,
             fourteenth
             ,
             fifteenth
             ,
             and
             thirty-sixth
             years
             of
             Edward
             the
             Third
             ;
             and
             the
             sixth
             ,
             tenth
             ,
             and
             eleventh
             years
             of
             Richard
             the
             Second
             ,
             do
             manifest
             this
             sufficiently
             .
          
           
             I
             have
             done
             with
             the
             Subject-matter
             ,
             or
             work
             of
             the
             Parliament
             ,
             in
             the
             mutual
             relation
             of
             the
             King
             and
             it
             ;
             the
             manner
             of
             proceeding
             was
             either
             joyntly
             with
             the
             King
             ,
             or
             without
             him
             ;
             and
             either
             joyntly
             with
             the
             two
             Houses
             ,
             or
             severally
             ;
             and
             either
             immediately
             by
             themselves
             ,
             or
             their
             Committees
             .
             As
             touching
             the
             first
             ,
             it
             is
             evident
             ,
             that
             in
             all
             matters
             wherein
             gain
             ariseth
             to
             the
             Crown
             from
             the
             people
             ,
             by
             Subsidy
             ,
             or
             otherwise
             ,
             the
             strength
             of
             the
             Grant
             by
             Act
             of
             Parliament
             resteth
             in
             the
             two
             Houses
             ;
             and
             that
             the
             King's
             Assent
             is
             but
             
               pro
               forma
            
             ,
             as
             touching
             that
             matter
             ;
             and
             therefore
             such
             Grants
             have
             been
             made
             as
             tended
             in
             some
             measure
             to
             derogate
             either
             from
             the
             King's
             Wisdom
             ,
             care
             ,
             or
             fidelity
             ;
             yet
             even
             these
             have
             passed
             with
             the
             
               Royal
               Assent
            
             ,
             though
             the
             full
             Assent
             or
             good
             will
             of
             the
             person
             of
             the
             King
             was
             not
             correspondent
             thereto
             :
             as
             in
             these
             Cases
             formerly
             noted
             ,
             where
             Subsidies
             were
             given
             with
             Limitations
             and
             Conditions
             ,
             and
             upon
             rendring
             account
             to
             the
             people
             .
             And
             it
             is
             as
             evident
             ,
             that
             where
             the
             King's
             person
             is
             disabled
             to
             understand
             ,
             
             (
             as
             in
             case
             of
             Infancy
             )
             there
             the
             
               Royal
               Assent
            
             can
             bear
             little
             weight
             with
             it
             ;
             
             but
             most
             of
             all
             in
             the
             King's
             absence
             ,
             
             where
             either
             the
             Assent
             is
             put
             thereto
             by
             Commissioners
             ,
             that
             know
             not
             the
             King
             's
             particular
             mind
             ,
             or
             the
             Act
             is
             done
             onely
             by
             the
             Houses
             ,
             in
             nature
             of
             Ordinances
             ;
             and
             yet
             these
             of
             force
             to
             bind
             all
             parties
             but
             the
             King.
             But
             nothing
             more
             debased
             the
             
               Royal
               Assent
            
             in
             these
             times
             ,
             than
             a
             trick
             that
             Edward
             the
             Third
             plaid
             in
             the
             midst
             of
             the
             fullest
             strength
             of
             his
             Government
             .
             It
             was
             in
             time
             of
             War
             ,
             which
             never
             is
             time
             of
             good
             Husbandry
             and
             laying
             up
             ,
             nor
             of
             sober
             advice
             in
             laying
             out
             ,
             nor
             of
             equity
             in
             levying
             and
             collecting
             moneys
             for
             the
             Nerves
             of
             War.
             This
             forward
             Warrier
             ,
             in
             the
             heat
             of
             his
             Atchievements
             ,
             finds
             his
             strength
             benummed
             for
             want
             of
             money
             ;
             he
             leaves
             off
             ,
             comes
             home
             ,
             rages
             against
             his
             Archbishop
             ,
             to
             whom
             he
             had
             committed
             the
             care
             of
             provision
             for
             his
             War
             ;
             and
             the
             Archbishop
             as
             hotly
             falls
             upon
             some
             of
             the
             Treasury
             in
             the
             Army
             on
             the
             one
             side
             ,
             and
             upon
             others
             in
             the
             Country
             ;
             
             whose
             oppressions
             ,
             saith
             he
             ,
             instead
             of
             bringing
             in
             money
             ,
             made
             the
             people
             to
             give
             a
             stop
             thereto
             .
             A
             contest
             hereupon
             thus
             had
             ,
             it
             was
             concluded
             by
             the
             power
             of
             the
             Parliament
             ,
             that
             such
             men
             should
             be
             questioned
             ,
             
             and
             that
             the
             Parliament
             from
             time
             to
             time
             should
             call
             all
             Officers
             of
             State
             to
             account
             :
             and
             thereupon
             ensues
             a
             calm
             .
             After
             the
             Parliament
             ended
             ,
             the
             King
             repeats
             the
             matter
             ;
             it
             makes
             his
             heart
             sick
             ;
             he
             disgorgeth
             himself
             by
             a
             Proclamation
             ,
             made
             by
             advice
             of
             Nobles
             ,
             and
             Wise
             men
             ,
             as
             he
             saith
             ;
             and
             tells
             all
             the
             World
             he
             
               dissembled
               with
               his
               Parliament
            
             ;
             and
             what
             he
             did
             was
             done
             by
             duress
             of
             mind
             ,
             to
             please
             for
             the
             time
             ,
             
             and
             to
             gain
             his
             ends
             ;
             which
             being
             now
             had
             ,
             he
             by
             his
             Proclamation
             revokes
             what
             he
             had
             done
             in
             Parliament
             ,
             or
             endeavoured
             it
             .
             And
             thus
             is
             England
             put
             to
             School
             to
             learn
             to
             dissolve
             three
             hard
             knots
             :
             First
             ,
             
               Whether
               a
               King
               can
               dissemble
               with
               his
               Parliament
               ?
            
             Secondly
             ,
             Whether
             Edward
             
             
               the
               Third
               his
               dissembling
               assent
               makes
               a
               Law
               ?
            
             Lastly
             ,
             
               Whether
               by
               a
               Proclamation
               ,
               by
               advice
               of
               Nobles
               and
               Wise
               men
               ,
               he
               can
               declare
               that
               he
               dissembled
               with
               his
               Parliament
               ,
               and
               therein
               not
               dissemble
               the
               Royal
               Assent
               ,
               so
               as
               to
               bring
               all
               the
               Laws
               made
               in
               any
               Kings
               time
               into
               question
               ,
               at
               least
               during
               his
               Life
               ?
            
             However
             the
             result
             may
             be
             ,
             it
             is
             evident
             ,
             the
             
               Royal
               Assent
            
             gets
             no
             honour
             hereby
             ,
             and
             the
             Statute
             as
             little
             ,
             that
             hath
             suffered
             this
             Proclamation
             all
             this
             time
             to
             pass
             among
             the
             number
             of
             the
             Statutes
             in
             Print
             as
             a
             Law
             ,
             whenas
             many
             Statutes
             that
             are
             Laws
             of
             not
             ,
             are
             left
             out
             as
             useless
             .
          
           
             Although
             in
             the
             general
             ,
             the
             two
             Houses
             joyned
             in
             every
             Act
             
               Ad
               extra
            
             ,
             yet
             
               Ad
               intra
            
             ,
             and
             in
             relation
             one
             to
             another
             ,
             they
             had
             their
             several
             operations
             ;
             the
             House
             of
             Commons
             intermedled
             more
             in
             the
             matter
             of
             Fact
             ,
             the
             House
             of
             Lords
             in
             matter
             of
             Right
             ;
             although
             in
             either
             of
             these
             there
             is
             a
             mutual
             aspect
             from
             both
             .
             In
             matters
             of
             Judicature
             ,
             much
             rested
             with
             the
             Lords
             ,
             and
             therefore
             it
             is
             ordained
             ,
             that
             ,
             
               The
               House
               of
               Lords
               shall
               remedy
               all
               offences
               contrary
               to
               the
               Law
               of
            
             Magna
             Charta
             .
             And
             in
             cases
             where
             no
             remedy
             is
             left
             ,
             
             nor
             Judgement
             by
             the
             Law
             ,
             the
             matter
             shall
             be
             
               determined
               in
               Parliament
               ,
               and
               the
               King
               shall
               command
               execution
               to
               be
               done
               according
               to
               the
               Judgement
               of
               the
               Peers
               .
            
             Which
             Laws
             seem
             to
             be
             but
             declarative
             of
             the
             former
             Law
             ,
             and
             in
             the
             nature
             of
             reviving
             that
             power
             into
             Act
             which
             was
             formerly
             laid
             asleep
             ;
             and
             doth
             strongly
             imply
             that
             the
             ultimate
             act
             in
             Judicature
             rested
             with
             the
             Lords
             ,
             in
             relation
             not
             onely
             to
             the
             House
             of
             Commons
             ,
             but
             also
             in
             relation
             to
             the
             King
             ,
             whose
             work
             in
             such
             cases
             is
             ,
             not
             to
             judge
             above
             or
             with
             the
             Peers
             ,
             but
             to
             execute
             their
             sentence
             .
             And
             that
             carries
             with
             it
             a
             List
             ,
             whereby
             the
             power
             of
             a
             King
             may
             appear
             not
             to
             be
             so
             Supreme
             in
             making
             of
             the
             Law
             ,
             as
             some
             would
             have
             it
             :
             for
             if
             his
             Judgement
             and
             Conscience
             be
             bound
             by
             the
             Votes
             of
             the
             Peers
             in
             giving
             a
             Law
             ,
             in
             case
             of
             a
             particular
             person
             where
             the
             Law
             was
             not
             formerly
             known
             ,
             let
             others
             judge
             of
             the
             value
             of
             this
             
               Negative
               Vote
            
             ,
             in
             giving
             Law
             to
             the
             whole
             Kingdom
             .
             It
             is
             true
             ,
             that
             this
             Parliament
             was
             quarrelled
             by
             the
             King
             ,
             and
             he
             kept
             it
             at
             a
             bay
             by
             a
             Proclamation
             that
             pretended
             Revocation
             ,
             as
             far
             as
             a
             Proclamation
             could
             revoke
             an
             Act
             of
             Parliament
             ;
             but
             it
             effected
             nothing
             ,
             nor
             did
             the
             contest
             last
             long
             .
             Now
             though
             this
             Jurisdiction
             thus
             rested
             in
             the
             House
             of
             Lords
             ,
             in
             such
             cases
             ,
             as
             well
             as
             in
             others
             ;
             yet
             is
             it
             not
             so
             originally
             in
             them
             ,
             as
             to
             be
             wholly
             theirs
             ,
             and
             onely
             as
             they
             shall
             order
             it
             .
             For
             the
             Commons
             of
             England
             have
             a
             right
             in
             the
             course
             and
             order
             of
             Jurisdiction
             ,
             which
             (
             as
             the
             known
             Law
             )
             is
             part
             of
             their
             Liberty
             ;
             and
             in
             the
             speedy
             execution
             of
             Justice
             ,
             as
             well
             as
             they
             have
             right
             to
             have
             Justice
             done
             .
             And
             therefore
             ,
             whereas
             in
             Cases
             of
             Errour
             ,
             
             and
             delays
             ,
             the
             Appeal
             was
             from
             the
             inferiour
             Court
             to
             the
             Parliament
             ;
             which
             immediately
             determined
             the
             matter
             ,
             and
             now
             the
             trouble
             grew
             too
             great
             by
             the
             increase
             of
             pleas
             :
             For
             remedy
             hereof
             ,
             a
             kind
             of
             Committee
             is
             made
             ,
             of
             one
             Bishop
             ,
             two
             Earls
             ,
             two
             Barons
             ,
             who
             by
             the
             advice
             of
             the
             Chancellor
             ,
             Treasurer
             ,
             and
             the
             Judges
             ,
             shall
             make
             good
             judgement
             in
             all
             Cases
             of
             Complaint
             of
             delay
             in
             Judgement
             :
             which
             Committee
             is
             not
             made
             by
             Order
             of
             the
             Lords
             alone
             ,
             which
             they
             might
             have
             done
             ,
             in
             case
             Jurisdiction
             had
             been
             wholly
             and
             onely
             shut
             up
             in
             their
             custody
             ;
             but
             by
             Act
             of
             Parliament
             ,
             and
             joynt
             concurrence
             of
             the
             Commons
             with
             the
             Lords
             .
             For
             as
             the
             Commons
             challenge
             speedy
             Execution
             of
             Justice
             ,
             as
             one
             of
             their
             Liberties
             :
             so
             also
             to
             be
             under
             the
             Jurisdiction
             of
             such
             Judges
             ,
             and
             Courts
             ,
             as
             the
             Laws
             (
             in
             the
             making
             whereof
             ,
             themselves
             challenge
             a
             vote
             )
             do
             establish
             and
             appoint
             .
          
           
           
             I
             will
             conclude
             this
             Chapter
             with
             the
             Constitution
             of
             the
             Parliament
             in
             these
             times
             .
             For
             ,
             the
             difficulties
             that
             befel
             between
             the
             Kings
             and
             their
             people
             ,
             or
             Houses
             of
             Parliament
             ,
             wrought
             two
             sad
             effects
             ,
             
               viz.
               A
               propensity
               to
               decline
               calling
               of
               Parliaments
               so
               often
               as
               was
               used
               and
               expected
               ;
               and
               when
               it
               assembled
               ,
               as
               great
               a
               propensity
               in
               the
               Members
               to
               decline
               their
               attendance
               :
            
             
             by
             means
             whereof
             ,
             as
             the
             Historian
             tells
             us
             ,
             the
             Parliament
             was
             sometimes
             enforced
             to
             adjourn
             it self
             for
             want
             of
             number
             sufficient
             .
             The
             first
             of
             these
             arose
             from
             want
             of
             good
             will
             in
             the
             Kings
             ;
             the
             other
             ,
             from
             want
             of
             Courage
             and
             Zeal
             in
             the
             people
             .
             
               The
               first
               of
               these
               was
               fatal
               and
               destructive
               to
               good
               Government
               :
            
             for
             though
             in
             distempered
             Parliaments
             it
             is
             good
             to
             withdraw
             ,
             yet
             in
             distempered
             times
             it
             is
             necessary
             to
             meet
             ,
             and
             gain
             a
             right
             understanding
             of
             all
             parties
             ;
             and
             therefore
             these
             times
             were
             so
             happy
             as
             to
             bind
             themselves
             by
             publick
             Acts
             of
             State
             to
             re-continue
             the
             assembling
             of
             Parliaments
             .
             For
             the
             face
             of
             the
             Times
             represented
             unto
             all
             ,
             that
             agitations
             were
             like
             to
             be
             quick
             ,
             violent
             ,
             and
             to
             continue
             for
             some
             succession
             of
             time
             .
             It
             is
             therefore
             safe
             ,
             if
             not
             necessary
             ,
             that
             every
             eye
             should
             be
             open
             ,
             and
             Councils
             ready
             for
             every
             occasion
             .
             A
             Law
             at
             length
             is
             agreed
             upon
             ,
             that
             
               A
               Parliament
               shall
               be
               holden
               once
               every
               year
               ,
            
             
             
               or
               more
               ,
               if
               need
               be
            
             But
             in
             Thirty
             years
             the
             power
             of
             this
             Law
             is
             wasted
             out
             of
             mind
             ,
             and
             the
             evil
             reviving
             ,
             
             revives
             also
             the
             Statute
             ;
             and
             yet
             they
             had
             Thirteen
             or
             Fourteen
             Parliaments
             in
             Thirty
             years
             space
             ,
             and
             not
             above
             Three
             ,
             or
             but
             once
             Four
             years
             distance
             of
             time
             between
             any
             Two
             of
             them
             in
             Succession
             .
             This
             was
             the
             sence
             of
             the
             Members
             of
             the
             Houses
             in
             their
             meeting
             ;
             but
             at
             home
             ,
             they
             had
             homely
             conceits
             ;
             and
             it
             is
             found
             no
             less
             difficult
             to
             bring
             them
             to
             the
             meeting
             ,
             than
             to
             continue
             the
             meeting
             according
             to
             the
             Law
             ;
             being
             either
             loath
             to
             adventure
             their
             thoughts
             into
             the
             troublesome
             affairs
             of
             the
             Publick
             ,
             or
             their
             persons
             to
             expence
             and
             hazard
             .
             But
             the
             publick
             must
             be
             served
             ;
             and
             therefore
             an
             Act
             of
             Parliament
             is
             made
             ,
             
             
               That
               all
               such
               Members
               as
               decline
               their
               appearance
               at
               the
               Parliament
               ,
               after
               Summons
               made
               ,
               shall
               be
               amerced
               ,
               and
               the
               Sheriffs
               likewise
               that
               shall
               neglect
               return
               of
               Summons
               .
            
             And
             the
             Statute
             implyeth
             that
             it
             was
             no
             introduction
             of
             a
             new
             Law
             ,
             but
             a
             reviving
             of
             former
             Law
             now
             or
             lately
             disused
             ,
             or
             a
             Custom
             now
             out
             of
             custom
             .
             And
             to
             take
             away
             all
             objection
             in
             point
             of
             charges
             and
             expences
             ,
             another
             Law
             was
             made
             to
             establish
             the
             Assessments
             ,
             
             and
             levying
             of
             their
             wages
             ,
             upon
             the
             Lands
             that
             anciently
             were
             chargeable
             therewith
             ,
             in
             whose
             hands
             soever
             the
             same
             shall
             come
             .
          
           
             I
             shall
             conclude
             with
             this
             ,
             That
             the
             Parliament
             ,
             though
             ,
             like
             a
             Garment
             ,
             it
             sometimes
             covers
             the
             goodly
             feature
             and
             proportion
             of
             a
             well-composed
             body
             ,
             yet
             it
             keeps
             the
             same
             warm
             ,
             and
             as
             a
             Shield
             is
             first
             in
             all
             dangers
             ,
             and
             meets
             with
             many
             a
             knock
             which
             the
             body
             feels
             not
             ;
             this
             is
             their
             work
             and
             reward
             .
             It
             is
             true
             ,
             that
             in
             the
             wearing
             it
             is
             felt
             heavy
             ;
             but
             it
             is
             the
             easier
             born
             ,
             if
             it
             be
             duly
             considered
             ,
             that
             it
             is
             better
             to
             be
             so
             cloathed
             ,
             than
             to
             be
             naked
             .
          
        
         
           
           
             CHAP.
             III.
             Of
             the
             Privy-Council
             ,
             and
             Condition
             of
             the
             Lords
             .
          
           
             THe
             latter
             must
             make
             way
             for
             the
             former
             ;
             for
             according
             to
             their
             personal
             esteem
             in
             their
             own
             Countries
             ,
             such
             is
             their
             Authority
             at
             the
             Board
             in
             joynt
             Councils
             .
             And
             it
             was
             one
             point
             of
             happiness
             in
             a
             sad
             time
             of
             War
             ,
             that
             all
             men
             looked
             one
             way
             .
             The
             Lords
             were
             much
             addicted
             to
             the
             Field
             ,
             and
             could
             do
             much
             with
             Edward
             the
             Third
             ,
             who
             was
             a
             brave
             Leader
             ;
             and
             more
             with
             the
             people
             ,
             who
             had
             been
             so
             long
             time
             used
             to
             the
             rough
             Trade
             of
             Souldiery
             ,
             that
             they
             loved
             not
             to
             be
             at
             home
             about
             matters
             of
             Husbandry
             ,
             wherein
             they
             had
             so
             little
             experience
             .
             And
             having
             so
             fair
             a
             Garland
             in
             their
             eye
             as
             France
             ,
             it
             is
             no
             wonder
             if
             domestick
             designs
             seemed
             meaner
             ,
             or
             more
             dangerous
             .
             Thus
             did
             God
             do
             England
             a
             good
             turn
             ,
             although
             it
             was
             made
             for
             the
             present
             thereby
             ,
             neither
             so
             rich
             or
             populous
             as
             it
             might
             have
             been
             in
             a
             time
             of
             Peace
             .
             This
             French
             heat
             wasted
             many
             a
             tumultuous
             Spirit
             ,
             and
             ennobled
             the
             Fame
             of
             the
             King
             and
             Lords
             ;
             not
             onely
             abroad
             ,
             but
             won
             them
             much
             Honour
             and
             Repute
             of
             those
             that
             remained
             at
             home
             ;
             and
             so
             by
             congregating
             Homogeneals
             ,
             and
             severing
             Heterogeneals
             ,
             rendred
             the
             body
             of
             the
             people
             more
             Univocal
             ;
             which
             tended
             much
             to
             the
             setling
             of
             the
             Joynts
             of
             this
             distracted
             Nation
             .
             A
             timely
             birth
             hereof
             ,
             doubtless
             ,
             was
             the
             peaceable
             entry
             of
             Richard
             the
             Second
             upon
             the
             Throne
             ,
             and
             quiet
             sitting
             there
             ;
             whilst
             as
             yet
             he
             was
             but
             a
             Child
             ,
             the
             Princes
             of
             the
             bloud
             many
             ;
             and
             they
             of
             generous
             ,
             active
             ,
             and
             daring
             Spirits
             :
             yet
             do
             we
             not
             meet
             with
             a
             whisper
             in
             story
             of
             any
             turbulent
             or
             aspiring
             humour
             in
             them
             or
             the
             people
             ,
             during
             those
             tenderer
             times
             of
             that
             King's
             Reign
             .
             But
             after
             that
             he
             came
             to
             know
             more
             in
             himself
             than
             was
             to
             be
             found
             ;
             and
             to
             outreach
             his
             abilities
             ,
             having
             some
             of
             the
             Lords
             ready
             at
             his
             Elbow
             to
             help
             him
             ,
             these
             changed
             the
             King's
             course
             ,
             although
             the
             general
             part
             of
             that
             noble
             Band
             kept
             still
             their
             Array
             ;
             and
             retaining
             the
             body
             of
             the
             people
             in
             due
             composure
             ,
             thereby
             declared
             themselves
             to
             be
             the
             King's
             Friends
             ,
             though
             the
             others
             were
             
             Richard's
             Favourites
             ;
             so
             as
             he
             was
             fain
             to
             stoop
             to
             occasion
             ,
             and
             submit
             to
             be
             a
             King
             ,
             that
             would
             have
             otherwise
             been
             more
             or
             less
             .
             And
             thus
             the
             Lords
             were
             become
             Supporters
             to
             the
             Crown
             ,
             Studds
             to
             the
             Throne
             ,
             and
             a
             Reserve
             to
             the
             People
             ,
             against
             the
             violent
             motions
             of
             an
             unbridled
             mind
             in
             their
             King
             ;
             who
             seeing
             them
             so
             united
             ,
             and
             endeavouring
             to
             break
             them
             into
             parties
             to
             obtain
             his
             desire
             ,
             lost
             both
             it
             and
             himself
             .
             It
             is
             a
             degree
             of
             cleanly
             modesty
             ,
             to
             impute
             the
             miscarriages
             of
             unruly
             Kings
             ,
             to
             their
             Council
             .
             
               For
               however
               during
               their
               minority
               ,
               Counsellors
               are
               more
               rightly
               Officers
               of
               State
               ;
               yet
               when
               Kings
               will
               be
               their
               own
               men
               ,
               their
               Counsellors
               are
               no
               other
               than
               the
               breath
               of
               the
               King
               's
               own
               breast
            
             ;
             and
             by
             which
             a
             King
             may
             be
             more
             truly
             discerned
             ,
             than
             any
             man
             by
             his
             Bosom-friends
             .
             Edward
             the
             Third
             was
             a
             man
             of
             a
             publick
             Spirit
             ,
             and
             had
             a
             Council
             suitable
             to
             his
             aim
             .
             Richard
             the
             Second
             ,
             a
             man
             that
             desired
             what
             him
             pleased
             ,
             would
             have
             what
             he
             desired
             ;
             and
             a
             Council
             he
             had
             that
             served
             him
             in
             all
             .
             For
             God
             answers
             the
             desires
             of
             mens
             hearts
             in
             Judgement
             as
             well
             as
             in
             Mercy
             ;
             and
             a
             sore
             Judgement
             it
             is
             both
             to
             King
             and
             People
             ,
             when
             the
             corrupt
             desires
             of
             the
             King
             are
             backed
             by
             a
             flattering
             Council
             .
          
           
             It
             must
             be
             granted
             ,
             that
             the
             
               Privy
               Council
            
             of
             Kings
             hath
             been
             an
             old
             
             Ginn
             of
             State
             ,
             that
             at
             a
             sudden
             lift
             could
             do
             much
             to
             the
             furthering
             of
             the
             present
             estate
             of
             publick
             Affairs
             .
             Nevertheless
             ,
             through
             the
             Riot
             of
             Kings
             ,
             their
             designes
             generally
             tended
             to
             make
             more
             work
             for
             the
             Parliament
             ,
             than
             to
             dispatch
             ;
             to
             do
             much
             ,
             rather
             than
             well
             ;
             like
             works
             for
             sale
             ,
             rather
             than
             for
             Master-piece
             ;
             and
             sometimes
             to
             undermine
             ,
             yea
             ,
             to
             out-face
             the
             Parliament
             it self
             ,
             like
             some
             unruly
             Servants
             that
             will
             put
             away
             their
             own
             Masters
             .
             Nor
             can
             it
             otherwise
             be
             expected
             ,
             unless
             the
             King
             's
             
               elected
               ones
            
             be
             turned
             into
             the
             Parliaments
             Committee
             ;
             or
             that
             constant
             annual
             Inquisition
             by
             Parliament
             be
             made
             into
             their
             actions
             :
             for
             occasional
             inquiries
             breed
             ill
             blood
             ,
             though
             no
             attainder
             be
             ;
             nor
             are
             they
             easily
             undertaken
             ,
             whereas
             constancy
             in
             such
             cases
             makes
             the
             worst
             to
             be
             resolved
             but
             into
             a
             matter
             of
             common
             course
             .
          
           
             The
             natural
             and
             original
             power
             of
             the
             Privy-Council
             is
             very
             obscure
             ,
             because
             there
             are
             several
             degrees
             of
             them
             that
             occasionally
             have
             been
             used
             ,
             all
             of
             whom
             may
             deserve
             the
             name
             of
             Privy-Council
             ,
             in
             regard
             of
             the
             Parliament
             ,
             which
             is
             the
             most
             
               publick
               Council
            
             of
             all
             the
             rest
             ,
             and
             always
             hath
             a
             general
             interest
             in
             all
             Causes
             in
             the
             Kingdom
             .
          
           
             The
             first
             of
             these
             ,
             is
             that
             which
             was
             called
             
               The
               Grand
               Council
               of
               the
               King
               ,
            
             which
             ,
             as
             I
             think
             ,
             was
             not
             the
             House
             of
             Lords
             ,
             who
             are
             called
             by
             Summons
             ,
             and
             were
             onely
             to
             attend
             during
             the
             Parliament
             ;
             but
             a
             body
             made
             up
             of
             them
             ,
             and
             other
             wise
             men
             of
             his
             own
             Retinue
             :
             And
             of
             this
             ,
             it
             seems
             ,
             
             there
             was
             a
             constant
             body
             framed
             ,
             that
             were
             sworn
             to
             that
             service
             ;
             for
             some
             in
             these
             times
             were
             sworn
             both
             of
             the
             
               Grand
               Council
            
             and
             the
             Privy-Council
             ,
             and
             so
             entred
             upon
             Record
             .
          
           
             The
             second
             of
             these
             Councils
             was
             also
             a
             great
             Council
             ,
             and
             probably
             greater
             than
             the
             other
             ;
             but
             this
             was
             called
             onely
             upon
             occasion
             ,
             and
             consisted
             of
             all
             sorts
             ,
             like
             a
             Parliament
             ,
             yet
             was
             none
             .
             An
             example
             whereof
             we
             have
             in
             the
             Ordinances
             concerning
             the
             Staple
             ,
             which
             at
             the
             first
             were
             made
             by
             the
             King
             ,
             Prelates
             ,
             Dukes
             ,
             Earls
             ,
             Lords
             ,
             and
             Great
             men
             of
             the
             Kingdom
             ,
             one
             out
             of
             every
             County
             ,
             City
             ,
             and
             Burrough
             ,
             called
             together
             ,
             for
             that
             end
             ;
             their
             results
             were
             but
             as
             in
             point
             of
             trial
             for
             six
             Moneths
             space
             ,
             
             and
             then
             were
             turned
             into
             Statute-law
             by
             the
             Parliament
             .
             These
             two
             are
             
               Magna
               Concilia
            
             ,
             yet
             without
             power
             ,
             further
             than
             as
             for
             advice
             ;
             because
             they
             had
             no
             ancient
             foundation
             ,
             nor
             constant
             continuance
             .
             Another
             Council
             remaineth
             more
             private
             than
             the
             other
             ,
             of
             more
             continual
             use
             ,
             though
             not
             so
             legally
             founded
             ;
             and
             this
             is
             called
             the
             King's
             Privy-Council
             ,
             not
             taking
             up
             a
             whole
             House
             ,
             but
             onely
             a
             Chamber
             ,
             or
             a
             Table
             ;
             signifying
             rather
             communication
             of
             Advice
             ,
             than
             power
             of
             Judicature
             ,
             which
             more
             properly
             is
             in
             Banco
             .
             And
             yet
             the
             power
             of
             this
             grew
             as
             virile
             and
             Royal
             ,
             as
             it
             would
             acknowledge
             no
             Peer
             but
             the
             Parliament
             ,
             and
             usurped
             the
             representative
             of
             it
             ,
             as
             that
             had
             been
             of
             the
             whole
             Kingdom
             .
             The
             ambition
             thereof
             hath
             ever
             been
             great
             ,
             and
             in
             this
             most
             notoriously
             evident
             ,
             that
             as
             it
             had
             swallowed
             up
             the
             
               Grand
               Council
            
             of
             Lords
             ,
             it
             seldom
             can
             endure
             the
             mention
             of
             a
             Parliament
             ,
             but
             when
             Kings
             or
             Affairs
             are
             too
             rugged
             for
             their
             own
             touch
             .
             The
             Platform
             of
             their
             power
             you
             may
             behold
             in
             this
             their
             Oath
             .
          
           
             
               1.
               
               That
               well
               and
               lawfully
               they
               shall
               counsel
               the
               King
               according
               to
               their
               best
               care
               and
               power
               ,
               
               and
               keep
               well
               and
               lawfully
               his
               Counsels
               .
            
             
               2.
               
               That
               none
               of
               them
               shall
               accuse
               each
               other
               of
               any
               thing
               which
               he
               had
               spoken
               in
               Council
               .
            
             
               
               3.
               
               And
               that
               their
               lawful
               Power
               ,
               Aid
               ,
               and
               Counsel
               ,
               they
               shall
               with
               their
               utmost
               diligence
               apply
               to
               the
               King
               's
               Rights
               .
            
             
               4.
               
               And
               the
               Crown
               to
               guard
               ,
               and
               maintain
               ,
               save
               ,
               and
               to
               keep
               off
               from
               it
               ,
               where
               they
               can
               without
               doing
               wrong
               .
            
             
               5.
               
               And
               where
               they
               shall
               know
               of
               the
               things
               belonging
               to
               the
               Crown
               ,
               or
               the
               Rights
               of
               the
               King
               ,
               to
               be
               concealed
               ,
               intruded
               upon
               ,
               or
               substracted
               ,
               they
               shall
               reveal
               the
               same
               to
               the
               King.
               
            
             
               6.
               
               And
               they
               shall
               enlarge
               the
               Crown
               ,
               so
               far
               as
               lawfully
               they
               may
               ,
               and
               shall
               not
               accounsel
               the
               King
               in
               decreasing
               the
               Rights
               of
               the
               Crown
               ,
               so
               far
               as
               they
               lawfully
               may
               .
            
             
               7.
               
               And
               they
               shall
               let
               for
               no
               Man
               (
               neither
               for
               love
               nor
               hate
               ,
               nor
               for
               peace
               nor
               strife
               )
               to
               do
               their
               utmost
               (
               as
               far
               as
               they
               can
               ,
               or
               do
               understand
               )
               unto
               every
               man
               ,
               in
               every
               Estate
               ,
               Right
               ,
               and
               Reason
               and
               in
               Judgement
               ;
               and
               doing
               right
               shall
               spare
               none
               ,
               neither
               for
               Riches
               nor
               Poverty
               .
            
             
               8.
               
               And
               shall
               take
               of
               no
               Man
               without
               the
               King's
               leave
               ,
               unless
               Meat
               or
               Drink
               in
               their
               Journey
               .
            
             
               9.
               
               And
               if
               they
               be
               bound
               by
               Oath
               formerly
               taken
               ,
               so
               as
               they
               cannot
               perform
               this
               without
               breaking
               that
               ,
               they
               shall
               inform
               the
               King
               ,
               and
               hereafter
               shall
               take
               no
               such
               Oaths
               without
               the
               King's
               consent
               first
               had
               .
            
          
           
             All
             which
             in
             a
             shorter
             sum
             ,
             sounds
             in
             effect
             ,
             that
             they
             must
             be
             faithful
             Counsellors
             to
             the
             King's
             Person
             ,
             and
             also
             to
             his
             Crown
             ;
             not
             to
             decrease
             the
             true
             Rights
             ,
             but
             to
             enlarge
             them
             ;
             yet
             all
             must
             be
             done
             lawfully
             .
             And
             Secondly
             ,
             that
             they
             shall
             do
             right
             in
             Judgement
             ,
             to
             take
             no
             Fees
             ,
             nor
             any
             other
             Oath
             in
             prejudice
             of
             this
             .
          
           
             The
             first
             of
             these
             concern
             the
             publick
             onely
             at
             a
             distance
             :
             and
             yet
             the
             point
             of
             encreasing
             and
             diminishing
             of
             the
             Crown
             in
             the
             sixth
             Section
             is
             captious
             ,
             and
             may
             sound
             as
             if
             there
             is
             a
             legal
             enlarging
             of
             the
             Crown
             ,
             whereof
             he
             that
             takes
             the
             Oath
             is
             to
             judge
             .
             A
             matter
             which
             onely
             and
             properly
             concerns
             the
             Parliament
             to
             order
             and
             determine
             ,
             or
             else
             farewel
             all
             liberty
             of
             the
             people
             of
             England
             .
          
           
             The
             second
             concerneth
             immediately
             the
             King
             in
             his
             politick
             capacity
             ,
             but
             trencheth
             upon
             all
             Laws
             of
             the
             Kingdom
             ,
             in
             the
             executive
             power
             ;
             and
             all
             the
             motions
             in
             the
             whole
             Kingdom
             ,
             either
             of
             Peace
             or
             War
             ,
             following
             in
             the
             Rear
             ,
             either
             immediately
             ,
             or
             mediately
             ,
             are
             under
             this
             notion
             interested
             into
             the
             transaction
             of
             the
             Privy-Council
             ,
             to
             debate
             and
             determine
             the
             King's
             Judgement
             therein
             ,
             unless
             it
             will
             determine
             alone
             .
             And
             how
             easie
             a
             thing
             it
             is
             for
             such
             as
             have
             power
             of
             determining
             the
             Action
             by
             the
             Law
             ,
             to
             slip
             into
             the
             determining
             of
             a
             Law
             upon
             the
             Action
             ,
             and
             so
             to
             rule
             by
             Proclamation
             ,
             experience
             taught
             succeeding
             times
             sufficiently
             .
             Nevertheless
             ,
             in
             these
             times
             Parliaments
             were
             every
             moment
             upon
             the
             wing
             ,
             and
             kept
             this
             Noble
             Band
             in
             awe
             ,
             by
             taking
             them
             into
             their
             Cognizance
             ,
             placing
             and
             displacing
             some
             or
             all
             of
             them
             ,
             directing
             and
             binding
             them
             by
             Oath
             ,
             as
             they
             saw
             occasion
             ;
             of
             which
             the
             Records
             are
             full
             and
             plentiful
             .
             I
             say
             ,
             these
             times
             thus
             constituted
             ,
             
             added
             yet
             further
             encouragement
             to
             them
             ,
             by
             giving
             them
             powers
             by
             Statute-Law
             ,
             over
             and
             beyond
             what
             by
             ancient
             Custom
             they
             had
             obtained
             .
          
           
             The
             King
             ,
             and
             Council
             of
             Lords
             ,
             had
             anciently
             a
             power
             of
             Jurisdiction
             ,
             that
             hath
             been
             in
             the
             first
             Part
             of
             this
             Discourse
             already
             observed
             ;
             yet
             it
             is
             very
             probable
             ,
             that
             it
             was
             not
             any
             select
             company
             of
             Lords
             ,
             but
             the
             whole
             Association
             .
             For
             it
             is
             granted
             by
             all
             ,
             that
             they
             had
             originally
             a
             principal
             hand
             in
             the
             Jurisdiction
             ;
             and
             it
             is
             hard
             to
             conceive
             how
             any
             private
             number
             should
             catch
             such
             a
             power
             ,
             if
             not
             by
             usurpation
             .
             But
             the
             manner
             of
             acquiring
             is
             less
             materal
             ;
             the
             principal
             consideration
             resteth
             upon
             the
             quality
             of
             this
             Jurisdiction
             .
             For
             it
             is
             evident
             that
             much
             difference
             hath
             been
             ,
             both
             concerning
             the
             place
             and
             manner
             of
             exercising
             this
             Authority
             .
             In
             general
             ,
             it
             must
             be
             granted
             ,
             that
             all
             Pleas
             
               Coram
               Rege
            
             ,
             were
             grounded
             upon
             Writs
             first
             purchased
             ,
             and
             returnable
             either
             in
             Banco
             ,
             
             or
             in
             Camera
             ,
             or
             in
             Cancellaria
             .
             And
             no
             difference
             at
             all
             will
             be
             concerning
             the
             Jurisdiction
             in
             Banco
             ;
             for
             that
             was
             by
             the
             course
             of
             the
             Common-Law
             ,
             and
             the
             people
             held
             it
             one
             of
             their
             Liberties
             to
             have
             one
             known
             course
             of
             Law
             ,
             for
             determining
             matters
             of
             right
             and
             wrong
             .
             As
             touching
             these
             Pleas
             ,
             which
             were
             holden
             by
             Writs
             returnable
             in
             Camera
             ,
             they
             were
             properly
             said
             to
             be
             
               Coram
               Rege
               &
               Concilio
            
             ,
             whose
             meeting
             was
             in
             the
             Council-chamber
             ,
             in
             those
             days
             called
             the
             Star-chamber
             .
             For
             other
             returns
             of
             Writs
             in
             the
             Star-chamber
             do
             not
             we
             find
             ,
             but
             such
             as
             were
             in
             Camera
             ;
             nor
             Prohibitions
             from
             thence
             ,
             but
             under
             the
             notion
             of
             the
             King's
             Council
             ;
             and
             this
             Camera
             ,
             as
             I
             said
             ,
             was
             the
             place
             of
             the
             joynt
             meeting
             of
             the
             Council
             ,
             
             as
             well
             of
             those
             of
             the
             Chancery
             and
             Benches
             ,
             as
             of
             those
             that
             attended
             upon
             matters
             of
             State.
             Now
             the
             influence
             of
             Society
             in
             point
             of
             Judicature
             ,
             principally
             aspected
             upon
             some
             Pleas
             belonging
             to
             the
             Crown
             :
             although
             even
             these
             also
             properly
             were
             determinable
             in
             the
             
               King
               Bench.
            
             Nor
             can
             I
             observe
             any
             rule
             to
             bound
             the
             powers
             of
             these
             two
             Judicatories
             ,
             but
             this
             ,
             that
             the
             Council-Table
             would
             pick
             and
             chuse
             ,
             and
             prohibit
             the
             
               Kings
               Bench
            
             as
             they
             pleased
             ;
             and
             to
             that
             end
             would
             order
             Originals
             out
             of
             the
             Chancery
             ,
             as
             they
             thought
             most
             meet
             .
             
             For
             it
             is
             observed
             by
             Fleta
             ,
             that
             the
             Kings-Bench
             hath
             no
             jurisdiction
             of
             it self
             ,
             but
             by
             special
             Warrant
             ;
             that
             is
             to
             say
             ,
             by
             
               Original
               Writs
            
             returned
             thither
             .
             Nevertheless
             ,
             it
             may
             seem
             that
             such
             Crimes
             as
             are
             contrary
             to
             common
             honesty
             ,
             or
             the
             publick
             profit
             or
             peace
             ,
             in
             a
             more
             exemplary
             way
             than
             ordinary
             ,
             and
             therefore
             may
             be
             called
             
               Crimina
               laesi
               Regni
            
             ,
             or
             against
             the
             State
             ;
             these
             ,
             I
             say
             ,
             might
             more
             properly
             belong
             to
             the
             sublime
             Judicature
             of
             the
             Council-Table
             ;
             as
             knowing
             better
             how
             far
             the
             publick
             State
             was
             interested
             ,
             or
             endamaged
             in
             such
             Cases
             ,
             than
             the
             other
             Judges
             that
             were
             experienced
             onely
             in
             ordinary
             matters
             of
             a
             more
             private
             concernment
             .
          
           
             To
             recite
             the
             particular
             Cases
             upon
             record
             ,
             concerning
             
               racing
               of
               Records
               ,
               Forgeries
            
             ,
             
             and
             other
             crimes
             of
             
               Falshood
               ,
               Conspiracies
               ,
               Combinations
            
             ,
             to
             abate
             and
             level
             the
             prices
             of
             Commodities
             ,
             Riots
             ,
             and
             such-like
             ,
             will
             be
             supersluous
             .
             In
             all
             which
             ,
             and
             others
             of
             that
             Cognizance
             ,
             the
             Sentence
             exceeded
             not
             Fine
             and
             Imprisonment
             ,
             or
             Ransom
             .
             Neither
             yet
             were
             the
             
               Common
               pleas
            
             so
             rural
             ,
             but
             the
             
               Council
               Table
            
             could
             relish
             them
             also
             ,
             and
             digest
             them
             well
             enough
             ;
             and
             therefore
             did
             not
             stick
             to
             prohibit
             the
             Courts
             of
             Common-Law
             ,
             under
             colour
             of
             a
             strange
             maxime
             ;
             
               That
               it
               is
               neither
               just
               nor
               honest
               for
               a
               man
               to
               be
               sued
               at
               the
               Common-Law
               ,
               for
               a
               matter
               depending
               before
               the
               King
               and
               his
               Council
               :
            
             No
             ,
             though
             the
             Court
             of
             Common-law
             had
             the
             precedency
             .
             And
             therefore
             ,
             although
             the
             right
             
             of
             Tythes
             being
             depending
             at
             the
             Common-Law
             ,
             
             the
             Archbishop
             in
             opposition
             to
             the
             Jurisdiction
             ,
             sueth
             before
             the
             
               Kings
               Council
            
             ;
             and
             the
             proceedings
             at
             the
             Law
             are
             thereby
             stayed
             .
             And
             no
             wonder
             ;
             for
             the
             Council-Table
             challenged
             to
             hold
             the
             ballance
             of
             all
             Courts
             of
             Law
             within
             their
             own
             Order
             :
             and
             so
             if
             any
             doubt
             concerning
             the
             Jurisdiction
             depended
             ,
             the
             Council-Table
             gave
             the
             word
             ,
             
             and
             all
             stooped
             thereto
             .
             But
             enough
             of
             the
             Subject-matter
             ;
             the
             manner
             follows
             :
             a
             new
             form
             of
             Process
             is
             taken
             up
             ,
             that
             the
             Common-Law
             and
             ancient
             Custom
             never
             knew
             ;
             and
             which
             grew
             so
             noisom
             to
             the
             people
             ,
             that
             complaints
             are
             made
             thereof
             as
             of
             common
             grievance
             ,
             and
             remedies
             are
             thereto
             applied
             by
             the
             Laws
             of
             these
             times
             .
             
             For
             whereas
             by
             the
             
               Grand
               Charter
            
             nothing
             could
             be
             done
             in
             Judgement
             ,
             but
             according
             to
             the
             Laws
             of
             the
             Land
             ;
             and
             in
             affirmance
             thereof
             ,
             a
             Law
             was
             made
             in
             these
             times
             ,
             that
             no
             Accusation
             ,
             nor
             Attachment
             ,
             nor
             forejudging
             of
             Life
             or
             Member
             ,
             nor
             seisure
             of
             Lands
             ,
             Tenements
             ,
             Goods
             or
             Chattels
             ,
             should
             be
             against
             the
             form
             of
             the
             
               Grand
               Charter
            
             ,
             and
             Law
             of
             the
             Land
             :
             This
             course
             of
             affairs
             grew
             so
             stale
             ,
             that
             amongst
             other
             innovations
             ,
             a
             trick
             of
             a
             new
             kind
             of
             Trial
             is
             brought
             forth
             ,
             by
             suggestions
             upon
             Articles
             exhibited
             against
             any
             man
             before
             the
             Council-Table
             ;
             and
             thereupon
             issued
             forth
             Attachments
             against
             the
             party
             complained
             of
             ;
             by
             means
             whereof
             ,
             and
             other
             courses
             ,
             (
             for
             they
             could
             also
             sequester
             )
             much
             vexation
             arose
             unto
             the
             people
             .
             Hereunto
             ,
             upon
             complaints
             multiplied
             ,
             a
             remedial
             Law
             is
             made
             ;
             whereby
             it
             is
             Enacted
             ,
             
             That
             all
             such
             suggestions
             made
             ,
             shall
             be
             carried
             to
             the
             Chancellor
             ,
             Treasurer
             ,
             and
             the
             King
             's
             Grand
             Council
             ;
             and
             the
             Informer
             shall
             find
             Surety
             to
             prosecute
             with
             effect
             ;
             and
             to
             incur
             the
             like
             penalty
             intended
             for
             the
             Defendant
             ,
             if
             the
             Plaintiff's
             proofs
             be
             not
             compleat
             :
             and
             then
             the
             Process
             of
             Law
             shall
             issue
             forth
             ,
             and
             the
             Defendant
             shall
             not
             be
             taken
             against
             the
             form
             of
             the
             
               Great
               Charter
            
             ;
             that
             is
             ,
             he
             shall
             not
             be
             taken
             until
             first
             the
             fault
             appear
             upon
             Record
             ,
             by
             Presentment
             ,
             or
             by
             
               due
               Process
            
             ,
             or
             by
             
               original
               Writ
            
             ,
             
             according
             to
             the
             ancient
             Law
             of
             the
             Kingdom
             .
             Either
             therefore
             the
             Privy-Council
             had
             no
             power
             to
             hold
             any
             Pleas
             at
             all
             ,
             or
             else
             no
             power
             of
             Trial.
             The
             first
             of
             these
             was
             concluded
             in
             open
             Parliament
             ;
             
             and
             the
             second
             as
             good
             as
             so
             :
             for
             if
             the
             first
             ,
             then
             the
             second
             will
             come
             on
             undeniably
             .
             But
             suppose
             all
             this
             be
             given
             up
             ,
             yet
             was
             this
             Liberty
             to
             hold
             Pleas
             so
             qualified
             ,
             that
             the
             person
             could
             not
             be
             touched
             ,
             till
             the
             thing
             did
             appear
             by
             Inquisition
             ,
             and
             then
             in
             a
             legal
             way
             .
             Such
             proceeding
             was
             had
             upon
             suggestion
             made
             against
             the
             City
             of
             London
             ,
             in
             Henry
             the
             Third's
             time
             :
             
             for
             one
             of
             the
             Judges
             was
             first
             sent
             into
             the
             City
             to
             find
             the
             suggestion
             by
             a
             Jury
             ;
             and
             then
             the
             Lord
             Mayor
             appeared
             before
             the
             Lords
             ,
             and
             traversed
             the
             matter
             ,
             and
             in
             a
             manner
             appealed
             ,
             or
             rather
             demanded
             to
             be
             tried
             according
             to
             the
             custom
             of
             the
             City
             .
             And
             the
             like
             course
             do
             we
             find
             observed
             in
             our
             Law-Reports
             of
             these
             times
             ,
             
             in
             a
             Case
             concerning
             the
             price
             of
             Wool
             ,
             by
             a
             false
             Report
             .
             The
             foot
             of
             the
             whole
             account
             will
             be
             this
             ;
             That
             the
             work
             of
             Judicature
             of
             the
             Privy-Council
             in
             these
             times
             in
             cases
             of
             Crimes
             ,
             was
             to
             receive
             Articles
             ,
             and
             award
             Inquisitions
             ;
             and
             after
             return
             in
             nature
             of
             a
             Grand
             Inquest
             ,
             to
             Recover
             ,
             Traverse
             ,
             and
             to
             order
             Trial
             at
             the
             Common-Law
             ;
             and
             upon
             Verdict
             returned
             ,
             
             to
             Fine
             and
             Ransom
             .
             In
             other
             Cases
             either
             of
             Right
             or
             Equity
             in
             matters
             of
             private
             property
             ,
             they
             were
             determined
             either
             by
             Judges
             of
             the
             Bench
             ,
             or
             Chancery
             ,
             although
             possibly
             the
             suit
             was
             
               Coram
               Concilio
            
             ,
             for
             that
             all
             the
             said
             Judges
             were
             of
             the
             
               King's
               Council
            
             .
             And
             yet
             ,
             as
             I
             dare
             not
             affirm
             ,
             so
             I
             cannot
             deny
             ,
             but
             it
             might
             also
             be
             possible
             that
             some
             matters
             ,
             especially
             these
             of
             a
             greater
             consequence
             ,
             
             either
             in
             their
             own
             nature
             ,
             or
             in
             regard
             of
             the
             persons
             whom
             they
             concerned
             ,
             were
             determined
             by
             the
             major
             Vote
             of
             the
             
               whole
               Council
            
             ,
             in
             a
             prudential
             ,
             or
             rather
             arbitrary
             way
             .
             But
             this
             was
             ,
             
               Invita
               Minerva
            
             ,
             and
             used
             so
             rarely
             ,
             as
             the
             path
             is
             grown
             out
             of
             view
             ;
             saving
             some
             few
             footsteps
             here
             and
             there
             remaining
             ,
             which
             shew
             that
             the
             
               Grand
               Council
               of
               Lords
            
             had
             been
             there
             .
          
        
         
           
             CHAP.
             IV.
             Of
             the
             Chancery
             .
          
           
             IT
             is
             the
             birth
             of
             the
             King's
             power
             in
             Judicature
             ,
             and
             may
             deserve
             the
             name
             of
             the
             first-born
             .
             For
             though
             it
             had
             no
             better
             Title
             in
             these
             later
             times
             than
             Officium
             ,
             
             because
             amongst
             other
             of
             the
             King's
             Escripts
             ,
             it
             formed
             
               Writs
               remedial
            
             ,
             for
             such
             as
             had
             received
             wrong
             ;
             yet
             even
             by
             that
             work
             ,
             it
             was
             in
             repute
             for
             so
             much
             skill
             in
             the
             Law
             of
             the
             Land
             ,
             that
             by
             the
             consent
             of
             all
             ,
             it
             was
             as
             well
             able
             to
             advise
             a
             remedy
             ,
             as
             to
             advise
             the
             Complainants
             where
             to
             have
             it
             .
             And
             yet
             it
             had
             one
             advantage
             further
             ,
             that
             it
             was
             an
             
               Office
               of
               remembrance
            
             to
             the
             King
             ,
             (
             who
             is
             a
             person
             of
             great
             trust
             in
             the
             Law
             ,
             and
             gave
             such
             credit
             to
             all
             acts
             done
             before
             him
             )
             as
             being
             entred
             into
             the
             remembrance
             ,
             became
             of
             the
             highest
             nature
             of
             Record
             ,
             against
             which
             no
             Plea
             did
             lie
             .
             Amongst
             these
             ,
             matters
             of
             debt
             and
             contract
             coming
             into
             the
             account
             ,
             this
             Office
             taking
             notice
             of
             the
             Record
             ,
             took
             cognizance
             of
             the
             thing
             ,
             and
             for
             the
             executing
             thereof
             :
             and
             thus
             in
             these
             ,
             and
             such-like
             Cases
             ,
             granted
             
               Judicial
               Writs
            
             ,
             and
             so
             found
             out
             a
             way
             of
             Judicature
             ,
             to
             as
             many
             Causes
             as
             the
             State
             would
             trust
             it
             with
             .
             
             And
             because
             it
             pretended
             cognizance
             onely
             of
             matters
             of
             Record
             before
             them
             ,
             they
             found
             out
             a
             way
             of
             examining
             of
             Witnesses
             by
             Commission
             ,
             and
             returning
             their
             Depositions
             in
             writing
             ;
             which
             being
             become
             a
             Record
             before
             them
             ,
             they
             gave
             their
             Sentence
             upon
             the
             whole
             matter
             ,
             without
             the
             ancient
             ordinary
             Trial
             
               per
               pares
            
             .
             It
             becomes
             a
             kind
             of
             peculiar
             ,
             exempting
             it self
             from
             the
             ordinary
             course
             in
             manner
             of
             Trial
             ,
             and
             from
             the
             ordinary
             rules
             of
             Law
             ,
             in
             giving
             of
             Sentence
             ;
             and
             as
             a
             Back-door
             for
             the
             King
             's
             Arbitry
             ,
             in
             case
             of
             Judicature
             in
             matters
             of
             Common-pleas
             ;
             as
             the
             Council-Table
             was
             in
             Crown-pleas
             .
             They
             both
             are
             looked
             upon
             with
             a
             very
             pleasing
             eye
             of
             Majesty
             ,
             which
             loves
             not
             to
             be
             strait-laced
             ;
             yet
             all
             is
             embattelled
             under
             the
             Colours
             of
             
               Equity
               ,
               Honour
               ,
               Conveniency
            
             ,
             and
             Conscience
             ;
             like
             a
             Monopoly
             ,
             that
             is
             bred
             under
             the
             wings
             of
             the
             publick
             ,
             but
             feeds
             it self
             upon
             it
             .
          
           
             That
             this
             had
             attained
             the
             Title
             of
             a
             Court
             so
             anciently
             as
             in
             King
             
             Steven's
             time
             (
             as
             the
             Honourable
             Reporter
             noteth
             )
             I
             much
             question
             ,
             
             by
             the
             Title
             that
             Fleta
             gives
             it
             in
             later
             times
             ;
             nor
             ,
             under
             his
             favour
             ,
             will
             that
             Testimony
             cited
             out
             of
             the
             History
             of
             Ely
             warrant
             it
             ,
             but
             upon
             a
             mistaken
             ground
             of
             misplacing
             the
             note
             of
             distinction
             .
             For
             I
             take
             the
             words
             to
             be
             thus
             translated
             :
             King
             Etheldred
             
               determined
               and
               granted
               ,
               that
               the
               Church
               of
            
             Fly
             
               should
               for
               ever
               in
               the
               King's
               Court
               hold
               the
               dignity
               of
               the
               Chancery
               ,
               and
               not
               hold
               the
               dignity
               of
               the
               King's
               Court
               of
               Chancery
               .
            
             Nevertheless
             ,
             it
             is
             clear
             that
             these
             times
             brought
             it
             to
             that
             condition
             ,
             that
             it
             might
             well
             carry
             that
             name
             ,
             if
             formerly
             it
             had
             not
             :
             For
             it
             grew
             very
             fast
             both
             in
             honour
             and
             power
             ;
             and
             this
             not
             by
             Usurpation
             ,
             (
             though
             it
             did
             exceed
             )
             but
             by
             express
             donation
             from
             the
             Parliament
             .
          
           
           
             Yet
             is
             this
             power
             much
             darkned
             in
             the
             limits
             and
             extent
             thereof
             ,
             chiefly
             in
             regard
             that
             the
             Chancellor
             is
             betrusted
             with
             many
             things
             ,
             whereof
             there
             is
             no
             evidence
             for
             the
             Chancery
             to
             claim
             any
             cognizance
             .
             For
             he
             was
             in
             these
             times
             a
             person
             of
             many
             interests
             and
             relations
             ,
             being
             one
             of
             the
             Quorum
             in
             the
             Star-Chamber
             ,
             of
             the
             King's
             Council
             ,
             chief
             in
             the
             Chancery
             ,
             most
             commonly
             a
             Clergy-man
             ,
             and
             therewith
             Legate
             
               à
               Latere
            
             ;
             and
             in
             these
             several
             Relations
             might
             act
             directly
             ,
             and
             yet
             in
             several
             Courts
             .
             And
             therefore
             ,
             though
             he
             had
             power
             with
             others
             ,
             to
             punish
             neglects
             of
             Execution
             of
             the
             Statutes
             of
             Wines
             ,
             
             by
             Act
             of
             Parliament
             ;
             and
             also
             of
             the
             Statute
             concernign
             Victual
             ,
             and
             to
             determine
             matters
             of
             controversie
             between
             parties
             in
             Cases
             depending
             before
             the
             Parliament
             ,
             and
             in
             some
             matters
             that
             concern
             the
             King's
             Revenue
             ;
             yet
             cannot
             these
             be
             said
             to
             be
             the
             proper
             work
             belonging
             to
             the
             cognizance
             of
             the
             Chancery
             ,
             but
             to
             the
             Chancellor
             by
             special
             Commission
             in
             another
             Relation
             .
             Albeit
             ,
             I
             cannot
             deny
             but
             the
             Court
             it self
             had
             cognizance
             in
             matters
             of
             as
             strange
             a
             nature
             ,
             
               Viz.
               To
               punish
               disturbances
               of
               Merchants
               in
               their
               Trade
               ,
            
             
             
               to
               see
               to
               the
               executing
               of
               the
               Statutes
               of
               Purveyors
               ,
            
             and
             
               to
               remedy
               grievances
               contrary
               to
               other
               Statutes
               :
            
             Which
             general
             words
             let
             in
             a
             wild
             liberty
             to
             that
             Court
             to
             intermeddle
             in
             Laws
             which
             were
             never
             intended
             for
             their
             touch
             ;
             
               to
               punish
               Nusances
               according
               to
               discretion
               ,
            
             
             
               to
               give
               remedy
               to
               Merchants
               upon
               the
               Statute
               of
               Staple
            
             ;
             so
             that
             it
             is
             clear
             enough
             the
             Parliament
             intended
             it
             should
             be
             a
             Court
             ,
             and
             gave
             their
             Seal
             to
             their
             power
             of
             Judicature
             .
             Nor
             ,
             as
             it
             seemeth
             ,
             was
             this
             any
             regret
             to
             the
             Courts
             of
             Common-Law
             ,
             but
             as
             a
             thing
             taken
             for
             granted
             .
             For
             the
             Reports
             tell
             us
             ,
             That
             if
             the
             King
             grants
             Tythes
             ,
             arising
             from
             without
             the
             bounds
             of
             any
             Parish
             ,
             the
             Patentee
             shall
             sue
             in
             the
             Chancery
             by
             
               Scire
               Facias
            
             ,
             and
             shall
             there
             proceed
             to
             Issue
             or
             Demurrer
             ;
             and
             then
             to
             the
             Common-Law
             ;
             where
             upon
             Trial
             ,
             if
             the
             Defendant
             make
             default
             ,
             
             the
             Plaintiff
             shall
             have
             Judgement
             and
             Execution
             .
             And
             if
             the
             Heir
             be
             in
             Ward
             to
             the
             King
             ,
             the
             Mother
             shall
             sue
             and
             recover
             her
             Dower
             in
             the
             Chancery
             .
             And
             they
             tell
             us
             ,
             
             that
             it
             had
             power
             to
             prohibit
             Spiritual
             Courts
             ,
             and
             Courts
             of
             Common-Law
             ,
             yea
             ,
             to
             over-rule
             or
             reverse
             Judgements
             :
             and
             yet
             the
             Common-Law
             held
             it's
             ground
             when
             it
             was
             concerned
             :
             for
             neither
             were
             all
             suits
             there
             by
             Bill
             ,
             
             as
             in
             cases
             of
             Equity
             ,
             nor
             determined
             according
             to
             such
             rules
             ;
             nor
             did
             the
             power
             of
             Judicature
             rest
             in
             the
             breast
             of
             one
             Chancellor
             ,
             but
             in
             him
             joyntly
             with
             other
             Council
             of
             the
             King
             ,
             which
             were
             also
             learned
             Judges
             of
             the
             Law.
             For
             the
             Report
             informeth
             that
             Edward
             the
             Second
             had
             granted
             a
             Rent
             in
             Tail
             to
             the
             Earl
             of
             Kent
             ,
             who
             dying
             ,
             his
             Son
             under
             age
             ,
             and
             Ward
             to
             the
             King
             ,
             Edward
             the
             Third
             seised
             ,
             amongst
             other
             Lands
             ,
             the
             Rent
             ,
             and
             granted
             it
             to
             Sir
             
               John
               Molins
            
             :
             Upon
             Petition
             ,
             the
             King
             refers
             the
             matter
             to
             the
             Arch-bishop
             ,
             and
             others
             of
             the
             Council
             ,
             calling
             to
             them
             the
             Chancellor
             .
             A
             
               Scire
               Facias
            
             goes
             forth
             to
             Sir
             
               John
               Molins
            
             ;
             he
             upon
             appearance
             pleaded
             to
             the
             jurisdiction
             ,
             as
             a
             case
             belonging
             to
             the
             Common-law
             ;
             but
             it
             would
             not
             be
             allowed
             ,
             because
             it
             was
             to
             repeal
             the
             King's
             Charter
             .
          
           
             And
             whereas
             it
             was
             objected
             ,
             that
             the
             reference
             was
             to
             the
             Archbishop
             and
             others
             ,
             and
             therefore
             the
             cause
             ought
             not
             to
             be
             determined
             in
             the
             Chancery
             ;
             it
             was
             resolved
             that
             it
             did
             properly
             belong
             to
             the
             Chancery
             ,
             by
             the
             Law
             :
             And
             in
             the
             argument
             of
             the
             case
             ,
             it
             appears
             clearly
             that
             the
             King's
             Council
             there
             ,
             
             were
             learned
             in
             the
             Law.
             And
             the
             same
             is
             yet
             more
             evident
             by
             the
             Title
             of
             Bills
             in
             those
             days
             exhibited
             in
             the
             Chancery
             ,
             which
             was
             directed
             to
             the
             Chancellor
             ,
             and
             the
             King's
             Council
             ,
             and
             the
             Rule
             given
             
               Per
               tout
               les
               Justices
            
             .
             Which
             I
             rather
             note
             ,
             for
             the
             
             shortness
             of
             the
             form
             of
             Bills
             in
             those
             days
             ,
             far
             different
             from
             these
             times
             ,
             wherein
             the
             substance
             of
             the
             complaint
             ,
             however
             small
             in
             it self
             ,
             is
             oftentimes
             blown
             out
             into
             so
             great
             a
             bubble
             ,
             that
             it
             breaks
             to
             nothing
             :
             And
             the
             Statutes
             formerly
             mentioned
             do
             assert
             the
             same
             thing
             ,
             as
             touching
             the
             
               King's
               Council
            
             .
             For
             though
             they
             speak
             of
             the
             Council
             or
             Chancery
             in
             the
             English
             Tongue
             ,
             yet
             in
             the
             original
             the
             words
             are
             ,
             
               Conceil
               en
               Chancery
            
             .
          
           
             Having
             thus
             touched
             upon
             the
             matters
             under
             the
             Judicatory
             of
             the
             Chancery
             ,
             and
             Judges
             in
             the
             same
             :
             In
             the
             next
             place
             ,
             the
             manner
             of
             proceedings
             comes
             to
             consideration
             .
             For
             it
             seems
             they
             had
             been
             formerly
             very
             irregular
             ;
             and
             that
             contrary
             to
             the
             
               Grand
               Charter
            
             ,
             upon
             a
             bare
             suggestion
             in
             the
             Chancery
             ,
             the
             party
             complained
             of
             was
             imprisoned
             ,
             and
             no
             proceedings
             made
             thereupon
             .
             For
             remedy
             whereof
             ,
             it
             was
             ordained
             ,
             That
             upon
             suggestions
             so
             made
             ,
             the
             Complainant
             was
             to
             find
             Sureties
             to
             pursue
             the
             Suggestions
             ;
             and
             that
             the
             Process
             of
             Law
             should
             issue
             forth
             against
             the
             party
             without
             imprisoning
             him
             ;
             and
             that
             if
             the
             Suggestions
             were
             not
             proved
             true
             ,
             the
             Complainant
             should
             incur
             the
             like
             penalty
             that
             the
             Defendant
             should
             have
             done
             ,
             in
             case
             he
             had
             been
             found
             Guilty
             .
             
             But
             afterwards
             this
             later
             Clause
             was
             altered
             by
             another
             Statute
             ,
             because
             it
             was
             full
             of
             uncertainty
             ;
             and
             it
             was
             ordained
             ,
             that
             in
             such
             case
             the
             Complainant
             shall
             be
             imprisoned
             ,
             
             until
             he
             shall
             satisfie
             the
             Defendant
             of
             his
             Damages
             :
             and
             furthermore
             ,
             shall
             make
             Fine
             and
             Ransom
             to
             the
             King.
             But
             because
             that
             the
             Defendant
             many
             times
             held
             his
             advantage
             ,
             
             even
             to
             extremity
             ,
             this
             course
             lasted
             not
             long
             ;
             but
             a
             new
             Law
             was
             made
             ,
             which
             put
             the
             power
             of
             awarding
             Damages
             in
             such
             cases
             into
             the
             Chancellour
             ,
             to
             do
             according
             to
             his
             discretion
             .
             And
             thus
             the
             Chancery
             obtained
             power
             to
             award
             Damages
             ,
             which
             they
             never
             had
             formely
             ;
             
             and
             the
             Chancellour
             a
             Precedency
             both
             in
             the
             Chancery
             ,
             and
             of
             the
             Council
             in
             the
             Court
             of
             Star-chamber
             ,
             and
             in
             many
             cases
             in
             the
             Exchequer
             .
             By
             the
             first
             he
             had
             a
             power
             in
             matters
             of
             Meum
             and
             Tuum
             ;
             by
             the
             last
             ,
             in
             matters
             Mei
             and
             Regis
             ;
             and
             by
             the
             other
             ,
             in
             matters
             Mei
             and
             Regni
             .
             A
             considerable
             man
             certainly
             he
             was
             in
             the
             motions
             of
             Government
             ;
             but
             how
             much
             more
             ,
             if
             he
             be
             made
             Arch-bishop
             of
             
               Canterbury
               ,
               Cardinal
            
             ,
             and
             Legate
             
               à
               Latere
            
             ;
             or
             Arch-bishop
             ,
             Lord
             Treasurer
             ,
             and
             Legate
             
               à
               Latere
            
             ;
             as
             these
             days
             had
             divers
             times
             seen
             ?
             Extraordinary
             advancements
             bestowed
             upon
             the
             Nobility
             ,
             brings
             Honour
             to
             the
             Throne
             ;
             but
             if
             they
             be
             not
             men
             of
             noted
             Worth
             and
             Uprightness
             ,
             they
             make
             the
             Scepter
             stoop
             ,
             by
             stirring
             up
             envy
             in
             the
             Nobility
             ,
             and
             indignation
             from
             the
             people
             .
             For
             seldom
             is
             it
             seen
             ,
             
               that
               Advancements
               are
               fed
               from
               the
               Crown
               ,
               though
               they
               be
               bred
               from
               thence
               ;
               but
               either
               maintained
               by
               new
               supplies
               from
               the
               peoples
               Purses
               ,
               or
               the
               ruine
               or
               decay
               of
               some
               Officers
               more
               ancient
               than
               themselves
               ,
               or
               both
               .
            
             And
             such
             was
             the
             condition
             of
             the
             Chancellour
             ;
             he
             sucked
             fat
             from
             beneath
             ,
             and
             Bloud
             and
             Spirits
             from
             the
             Grand
             
               Chief
               Justiciar
            
             of
             England
             ,
             and
             so
             reduced
             that
             Honourable
             Potentate
             unto
             the
             degree
             of
             
               Chief
               Justice
            
             of
             the
             
               King's
               Bench
            
             ,
             leaving
             scarcely
             unto
             him
             the
             Name
             or
             Title
             of
             Lord.
             One
             thing
             more
             remaineth
             ,
             touching
             the
             election
             or
             nomination
             of
             this
             Great
             man.
             At
             the
             first
             ,
             he
             was
             no
             better
             than
             a
             Register
             ,
             or
             the
             King's
             Remembrancer
             ,
             or
             Secretary
             ,
             having
             also
             the
             Honour
             to
             advise
             the
             King
             in
             such
             matters
             as
             came
             within
             the
             circuit
             of
             the
             Writings
             in
             his
             custody
             ;
             and
             questionless
             ,
             
               Eo
               usque
            
             ,
             it
             is
             suitable
             to
             all
             the
             reason
             in
             the
             World
             ,
             that
             he
             should
             be
             of
             the
             King
             's
             sole
             Nomination
             and
             Election
             .
             But
             when
             it
             befals
             ,
             that
             instead
             of
             advising
             the
             
             King
             ,
             his
             word
             is
             taken
             to
             be
             the
             Rule
             ,
             and
             a
             Judicatory
             power
             put
             upon
             that
             ;
             and
             unto
             this
             is
             superadded
             that
             honourable
             trust
             of
             keeping
             and
             governing
             the
             
               Great
               Seal
            
             of
             the
             Kingdom
             ,
             with
             the
             continual
             growing
             power
             occasionally
             conferred
             upon
             him
             by
             the
             Parliament
             :
             He
             is
             now
             become
             no
             more
             the
             King's
             Remembrancer
             ,
             but
             the
             
               Lord
               Chancellor
            
             of
             England
             ,
             and
             Supream
             
               Officer
               of
               State.
            
             And
             it
             seems
             but
             reasonable
             that
             he
             should
             hold
             his
             place
             by
             
               publick
               Election
            
             ,
             as
             well
             as
             the
             
               Grand
               Justiciar
            
             (
             whose
             Plumes
             he
             borrowed
             )
             and
             other
             
               Grand
               Officers
            
             of
             State
             did
             before
             him
             .
             For
             he
             that
             will
             have
             his
             Servant
             to
             work
             for
             another
             ,
             must
             give
             the
             other
             that
             Honour
             of
             Electing
             him
             thereto
             ;
             nor
             was
             this
             laid
             aside
             nor
             forgotten
             by
             these
             times
             ,
             but
             a
             claim
             was
             put
             in
             for
             the
             Election
             or
             allowance
             of
             this
             principal
             Officer
             amongst
             others
             ;
             
             the
             Parliament
             obtaining
             a
             Judgement
             in
             the
             case
             by
             the
             King's
             Confession
             ;
             and
             so
             the
             thing
             is
             left
             to
             the
             judgement
             of
             future
             ages
             ,
             
             
               Viz.
               Whether
               a
               King
               that
               can
               do
               no
               man
               wrong
               ,
               can
               dissemble
               the
               Royal
               Assent
               in
               Parliament
               ;
               or
               declare
               himself
               legally
               in
               that
               manner
               by
               Proclamation
               ?
            
          
        
         
           
             CHAP.
             V.
             Of
             Admirals
             Courts
             .
          
           
             THis
             is
             a
             third
             Court
             that
             maintained
             the
             King's
             Judicatory
             power
             ,
             in
             a
             different
             way
             from
             that
             which
             is
             commonly
             called
             the
             Common-Law
             ;
             and
             by
             many
             is
             therefore
             supposed
             to
             advance
             the
             King's
             Prerogative
             ,
             but
             upon
             mistaken
             grounds
             .
             It
             is
             very
             true
             ,
             that
             the
             way
             is
             different
             from
             the
             common
             Road
             ,
             both
             in
             it's
             original
             ,
             and
             in
             the
             course
             of
             proceedings
             ;
             nor
             could
             it
             otherwise
             be
             ,
             considering
             the
             condition
             of
             the
             Nations
             ,
             and
             the
             people
             of
             the
             same
             ,
             interested
             in
             common
             Traffique
             .
             The
             people
             thus
             interested
             ,
             as
             much
             differed
             from
             the
             other
             sort
             of
             
               Dry
               men
            
             (
             if
             they
             may
             be
             so
             called
             )
             as
             Sea
             from
             Land
             ,
             and
             are
             in
             nature
             but
             as
             March-men
             of
             several
             Nations
             ,
             that
             must
             concentre
             in
             some
             third
             way
             for
             the
             maintenance
             of
             Commerce
             for
             peace-sake
             ,
             and
             to
             the
             end
             that
             no
             Nation
             may
             be
             under
             any
             other
             Law
             than
             its
             own
             .
             The
             condition
             of
             the
             Nations
             in
             the
             times
             when
             civilized
             Government
             began
             to
             settle
             amongst
             them
             ,
             was
             to
             be
             under
             the
             Roman
             Emperours
             ,
             who
             having
             setled
             one
             Law
             in
             the
             general
             grounds
             throughout
             all
             Nations
             ,
             made
             the
             Sea
             likewise
             to
             serve
             under
             one
             rule
             ,
             which
             should
             float
             up
             and
             down
             with
             it
             ,
             that
             men
             might
             know
             upon
             what
             terms
             they
             held
             their
             own
             ,
             wheresoever
             they
             went
             ;
             and
             upon
             what
             terms
             to
             part
             with
             it
             for
             their
             best
             advantage
             .
             In
             its
             original
             therefore
             ,
             this
             Law
             may
             be
             called
             Imperial
             ,
             and
             likewise
             in
             the
             Process
             ,
             because
             it
             was
             directed
             in
             one
             way
             of
             Trial
             ,
             and
             by
             one
             Law
             ,
             which
             had
             its
             first
             birth
             from
             the
             Imperial
             power
             ;
             and
             probably
             it
             had
             not
             been
             for
             the
             common
             benefit
             of
             Europe
             to
             have
             been
             otherwise
             ,
             at
             other
             time
             ,
             or
             by
             other
             directories
             formed
             .
             Nevertheless
             ,
             this
             became
             no
             Gem
             of
             Prerogative
             to
             the
             English
             Crown
             ;
             for
             if
             England
             did
             comply
             with
             forrein
             Natives
             for
             its
             own
             benefit
             (
             it
             being
             an
             Island
             full
             of
             the
             Sea
             ,
             and
             in
             the
             common
             Road
             from
             the
             most
             parts
             of
             Europe
             that
             border
             upon
             the
             Sea
             ,
             and
             of
             delight
             in
             Merchandise
             )
             it
             is
             but
             suitable
             to
             its
             self
             :
             and
             it
             did
             so
             comply
             ,
             as
             it
             saved
             the
             main
             Stake
             ,
             by
             voluntary
             entertaining
             those
             Laws
             without
             being
             imposed
             upon
             by
             Imperial
             power
             .
             For
             the
             Saxons
             came
             into
             this
             
             Kingdom
             a
             free
             people
             ,
             and
             so
             (
             for
             ought
             yet
             appeareth
             to
             me
             )
             continueth
             to
             this
             day
             :
             I
             say
             ,
             that
             in
             those
             first
             times
             ,
             they
             did
             take
             into
             the
             consideration
             of
             Parliament
             the
             regulating
             of
             the
             fluctuating
             motions
             of
             Sea-laws
             :
             nor
             were
             they
             then
             ,
             or
             after
             ,
             properly
             imposed
             by
             the
             King's
             Edict
             .
             For
             though
             it
             were
             granted
             ,
             that
             Richard
             the
             First
             reduced
             the
             Sea-Laws
             in
             the
             Isle
             of
             Oleron
             ,
             yet
             that
             the
             same
             should
             be
             done
             without
             advice
             of
             Parliament
             in
             his
             return
             from
             the
             
               Holy
               land
            
             ,
             is
             to
             me
             a
             Riddle
             ,
             considering
             what
             Histories
             do
             hold
             forth
             concerning
             his
             return
             through
             Germany
             ;
             nor
             can
             that
             be
             good
             evidence
             to
             entitle
             Kings
             of
             England
             to
             a
             power
             to
             make
             and
             alter
             Laws
             according
             to
             their
             private
             pleasure
             and
             interest
             .
             Nor
             doth
             that
             Record
             mentioned
             in
             the
             Institutes
             ,
             
             warrant
             any
             such
             matter
             ,
             but
             rather
             on
             the
             contrary
             groundeth
             the
             complaint
             upon
             Laws
             ,
             Statutes
             ,
             Franchises
             ,
             and
             Customs
             ,
             established
             ;
             and
             that
             this
             Establishment
             was
             by
             the
             King
             and
             the
             Council
             .
          
           
             This
             Law
             was
             of
             a
             double
             nature
             ,
             according
             to
             the
             Law
             of
             the
             Land
             ;
             one
             part
             concerning
             the
             
               pleas
               of
               the
               Crown
            
             ,
             and
             the
             other
             between
             
               party
               and
               party
            
             ;
             for
             properly
             the
             King's
             Authority
             in
             the
             Admiralty
             is
             but
             an
             Authority
             of
             Judicature
             ,
             according
             to
             Laws
             established
             ,
             which
             both
             for
             process
             and
             sentence
             are
             different
             from
             the
             Common-Law
             ,
             as
             much
             as
             the
             two
             Elements
             do
             differ
             ,
             yet
             not
             different
             in
             the
             power
             that
             made
             them
             .
             I
             shall
             leave
             the
             particulars
             to
             be
             enquired
             into
             ,
             by
             them
             that
             shall
             mind
             it
             elsewhere
             ,
             and
             only
             touch
             so
             much
             as
             shall
             reflect
             upon
             the
             main
             Government
             .
             This
             power
             was
             executed
             by
             Deputies
             diversly
             ,
             according
             as
             the
             times
             and
             opportunities
             were
             ,
             for
             War
             or
             Peace
             ,
             and
             either
             transitu
             or
             portu
             .
             What
             was
             done
             in
             time
             of
             War
             ,
             or
             whilst
             the
             Ship
             is
             out
             of
             the
             English
             Seas
             ,
             comes
             not
             to
             our
             purpose
             ;
             and
             therefore
             I
             shall
             not
             meddle
             with
             that
             ,
             further
             than
             this
             ,
             that
             in
             the
             first
             times
             Kings
             were
             wont
             to
             divide
             the
             work
             of
             Judicature
             and
             of
             War
             into
             several
             hands
             .
             The
             power
             of
             War
             and
             Peace
             they
             committed
             unto
             men
             of
             approved
             Courage
             and
             Skill
             in
             that
             service
             ;
             and
             therefore
             generally
             ,
             not
             to
             the
             men
             of
             highest
             rank
             ,
             who
             had
             neither
             Mind
             nor
             Skill
             for
             a
             work
             of
             such
             labour
             ,
             dyet
             and
             danger
             .
             This
             power
             passed
             under
             divers
             names
             ;
             sometimes
             by
             grant
             of
             the
             custody
             of
             the
             Sea-coasts
             ,
             sometimes
             of
             the
             parts
             and
             
               Sea
               coasts
            
             ,
             sometimes
             by
             being
             made
             
               Captain
               of
               the
               Sea-men
            
             and
             Mariners
             ,
             and
             sometimes
             Admiral
             of
             the
             Ships
             .
             It
             was
             a
             great
             power
             ,
             and
             had
             been
             much
             greater
             ,
             but
             that
             it
             suffered
             a
             
               double
               diminution
            
             ;
             the
             one
             in
             the
             time
             ,
             for
             three
             or
             four
             years
             commonly
             made
             an
             end
             of
             the
             command
             of
             one
             man
             ,
             and
             at
             the
             best
             it
             was
             ,
             
             
               quam
               diu
               Regi
               placuerit
            
             :
             the
             
               other
               diminution
            
             was
             in
             circuit
             of
             the
             power
             ,
             for
             all
             the
             Maritine
             Coasts
             were
             not
             ordinarily
             under
             the
             power
             of
             one
             man
             ,
             but
             of
             many
             ;
             each
             having
             his
             proper
             precinct
             upon
             the
             South
             or
             
               North
               ,
               East
            
             or
             Western
             shores
             ;
             and
             under
             the
             Title
             of
             Admiral
             in
             the
             times
             of
             Edward
             the
             First
             ,
             and
             forwards
             ,
             who
             brought
             that
             Title
             from
             the
             
               Holy
               Land.
            
             Nevertheless
             ,
             about
             the
             end
             of
             the
             times
             whereof
             we
             now
             Treat
             ,
             the
             custody
             of
             the
             whole
             Sea
             began
             to
             settle
             in
             one
             hand
             ,
             under
             the
             Title
             of
             Admiral
             of
             the
             English
             Seas
             ;
             and
             the
             place
             was
             conferred
             upon
             men
             of
             the
             greatest
             rank
             ,
             and
             so
             continued
             ever
             afterward
             .
             The
             power
             of
             Jurisdiction
             or
             Judicature
             all
             this
             while
             remained
             distinct
             ,
             and
             it
             seems
             was
             setled
             in
             part
             in
             the
             power
             of
             the
             Sheriff
             and
             Justices
             .
             For
             by
             the
             Law
             the
             Sheriff
             and
             Justices
             had
             cognizance
             of
             matters
             between
             the
             
               high
               water
            
             and
             the
             
               low
               water
               mark
            
             ;
             and
             what
             was
             done
             
               Super
               altum
               mare
            
             ,
             was
             within
             the
             directory
             of
             the
             Admiral
             ;
             these
             were
             but
             few
             things
             ,
             and
             of
             small
             consideration
             :
             the
             principal
             of
             them
             being
             concerning
             
             War
             or
             Peace
             ,
             and
             those
             only
             within
             the
             English
             Seas
             .
             But
             after
             Edward
             the
             Third
             had
             beaten
             both
             the
             French
             and
             Spaniards
             at
             Sea
             ,
             the
             people
             grew
             much
             more
             towards
             the
             Sea
             ,
             and
             became
             so
             famous
             ,
             that
             the
             greatest
             Lords
             thought
             the
             Regiment
             of
             Sea-affairs
             worthy
             of
             the
             best
             of
             their
             Rank
             ,
             and
             were
             pleased
             with
             the
             Title
             of
             Admiral
             ,
             whilst
             they
             left
             the
             work
             to
             others
             ;
             and
             so
             the
             Admiral
             became
             a
             person
             of
             more
             honour
             and
             less
             work
             than
             he
             had
             been
             formerly
             .
             The
             greatness
             of
             the
             honour
             of
             this
             place
             thus
             growing
             ,
             soon
             also
             began
             to
             contract
             greatness
             of
             power
             beyond
             what
             it
             had
             formerly
             ;
             and
             this
             was
             principally
             in
             matter
             of
             Jurisdiction
             .
             For
             not
             contented
             with
             the
             power
             of
             a
             
               chief
               Justice
            
             of
             War
             and
             Peace
             within
             the
             Seas
             ,
             which
             was
             his
             proper
             dominion
             ,
             the
             
               Lord
               Admiral
            
             gained
             the
             same
             within
             the
             
               low
               water
               mark
            
             ,
             
             and
             in
             the
             
               main
               streams
            
             below
             the
             next
             Bridge
             to
             the
             Sea
             ,
             and
             in
             all
             places
             where
             Ridels
             were
             set
             ;
             and
             yet
             these
             places
             were
             within
             the
             body
             of
             the
             County
             .
             Nor
             did
             he
             endeavour
             less
             to
             gain
             in
             matters
             of
             distributive
             Justice
             :
             for
             although
             he
             had
             a
             legal
             Jurisdiction
             in
             things
             done
             upon
             the
             Sea
             ,
             so
             far
             as
             to
             defend
             ,
             order
             ,
             determine
             ,
             and
             cause
             restitution
             to
             be
             made
             ,
             in
             cases
             of
             damage
             done
             unjustly
             ;
             yet
             was
             it
             no
             less
             difficult
             to
             keep
             this
             power
             within
             its
             own
             bounds
             ,
             than
             the
             watry
             Element
             upon
             which
             it
             sloated
             ;
             but
             it
             made
             continual
             waves
             upon
             the
             Franchise
             of
             the
             Land
             ;
             and
             for
             this
             cause
             ,
             no
             sooner
             had
             these
             great
             men
             savoured
             of
             the
             Honour
             and
             Authority
             of
             that
             Dignity
             ,
             but
             comes
             a
             Statute
             to
             restrain
             their
             Authority
             in
             the
             Cognizance
             of
             Cases
             ,
             only
             unto
             such
             matters
             as
             are
             done
             upon
             the
             
               main
               Sea
            
             ,
             
             as
             formerly
             was
             wont
             to
             be
             .
             And
             within
             two
             years
             after
             ,
             that
             Act
             of
             Parliament
             is
             backed
             by
             another
             Act
             to
             the
             same
             purpose
             ,
             
             in
             more
             full
             expressions
             ,
             saving
             that
             for
             Man-slaughter
             ,
             the
             Admirals
             power
             extended
             even
             to
             the
             
               high
               water-mark
            
             ,
             and
             into
             the
             
               main
               streams
            
             .
             And
             this
             leadeth
             on
             the
             next
             consideration
             ,
             viz.
             What
             is
             the
             subject
             matter
             of
             this
             Jurisdiction
             and
             Authority
             .
             I
             shall
             not
             enter
             into
             the
             depth
             of
             particulars
             ,
             but
             shall
             reduce
             all
             to
             the
             two
             heads
             of
             Peace
             and
             Justice
             .
          
           
             The
             Lord
             Admiral
             is
             ,
             as
             I
             formerly
             said
             ,
             a
             
               Justice
               of
               Peace
            
             at
             Sea
             ,
             maintaining
             the
             Peace
             by
             power
             ,
             and
             restoring
             the
             Peace
             by
             setting
             an
             Order
             unto
             matters
             of
             Difference
             ,
             as
             well
             between
             Foraigners
             ,
             as
             between
             the
             English
             and
             Foraigners
             ;
             as
             may
             appear
             by
             that
             Plea
             in
             the
             fourth
             Institutes
             formerly
             mentioned
             .
          
           
             Secondly
             ,
             That
             point
             of
             Justice
             principally
             concerneth
             matters
             of
             Contract
             ,
             and
             Complaints
             for
             breach
             of
             Contract
             ;
             of
             these
             the
             Admiral
             is
             the
             Judge
             ,
             to
             determine
             according
             to
             Law
             and
             Custom
             .
             Now
             as
             subservient
             unto
             both
             these
             ,
             he
             hath
             Authority
             of
             command
             over
             Sea-men
             ,
             and
             Ships
             that
             belong
             to
             the
             State
             ,
             and
             over
             all
             Sea-men
             and
             Ships
             in
             order
             to
             the
             service
             of
             the
             State
             ,
             to
             arrest
             and
             order
             them
             for
             the
             great
             voyages
             of
             the
             King
             and
             Realm
             ,
             
             and
             during
             the
             said
             voyage
             ;
             but
             this
             he
             cannot
             do
             without
             express
             Order
             ,
             because
             the
             determining
             of
             a
             
               voyage
               Royal
            
             ,
             is
             not
             wholly
             in
             his
             power
             .
          
           
             Lastly
             ,
             the
             Lord
             Admiral
             hath
             power
             ,
             not
             only
             over
             the
             Sea-men
             serving
             in
             the
             Ships
             of
             State
             ,
             but
             over
             all
             other
             Sea-men
             ,
             to
             arrest
             them
             for
             the
             service
             of
             the
             State
             ;
             and
             if
             any
             of
             them
             run
             away
             without
             leave
             from
             the
             Admiral
             ,
             
             or
             power
             deputed
             from
             him
             ,
             he
             hath
             power
             by
             enquiry
             to
             make
             a
             Record
             thereof
             ,
             and
             certifie
             the
             same
             to
             the
             Sheriffs
             ,
             Mayors
             ,
             Bailiffs
             ,
             &c.
             who
             shall
             cause
             them
             to
             be
             apprehended
             and
             imprisoned
             .
             By
             all
             which
             ,
             and
             divers
             other
             Laws
             ,
             not
             only
             the
             power
             of
             the
             
             Admiral
             is
             declared
             ,
             but
             the
             original
             from
             whence
             it
             is
             derived
             ,
             namely
             from
             the
             
               Legislative
               power
            
             of
             the
             Parliament
             ,
             and
             not
             from
             the
             
               single
               person
            
             of
             the
             King
             ,
             or
             any
             other
             Council
             whatsoever
             .
             But
             enough
             hath
             been
             already
             said
             of
             these
             Courts
             of
             State
             ,
             in
             their
             particular
             precincts
             .
             One
             general
             interest
             befalls
             them
             all
             :
             That
             as
             they
             are
             led
             by
             a
             Law
             much
             different
             from
             the
             Courts
             of
             Common-Law
             ,
             so
             are
             they
             thereby
             the
             more
             endeared
             to
             Kings
             ,
             as
             being
             subservient
             to
             their
             Prerogative
             ,
             no
             less
             than
             the
             Common-Law
             is
             to
             the
             peoples
             liberty
             .
             In
             which
             condition
             being
             looked
             upon
             as
             Corrivals
             ,
             this
             principal
             Maxime
             of
             Government
             will
             thence
             arise
             ,
             That
             the
             bounds
             of
             these
             several
             Laws
             are
             so
             to
             be
             regarded
             ,
             that
             not
             the
             least
             gap
             of
             intrenchment
             be
             laid
             open
             each
             to
             other
             ;
             lest
             the
             Fence
             once
             broken
             ,
             Prerogative
             or
             Liberty
             should
             become
             boundless
             ,
             and
             bring
             in
             Confusion
             instead
             of
             Law.
             
          
        
         
           
             CHAP.
             VI.
             Of
             the
             Church-mens
             Interest
             .
          
           
             BUt
             the
             Church-mens
             interest
             was
             yet
             more
             Tart
             ,
             standing
             in
             need
             of
             no
             less
             allay
             ,
             than
             that
             of
             the
             King's
             Authority
             ,
             for
             that
             the
             King
             is
             no
             less
             concerned
             therein
             ,
             than
             the
             people
             ;
             and
             the
             rather
             ,
             because
             it
             was
             now
             grown
             to
             that
             pitch
             ,
             that
             it
             is
             become
             the
             Darling
             of
             Kings
             ;
             and
             continually
             henceforth
             courted
             by
             them
             ;
             either
             to
             gain
             them
             from
             the
             
               Papal
               Jurisdiction
            
             ,
             to
             be
             more
             engaged
             to
             the
             Crown
             ;
             or
             by
             their
             means
             to
             gain
             the
             Papal
             Jurisdiction
             to
             be
             more
             favourable
             and
             complying
             with
             the
             
               Prerogative
               Royal.
            
             The
             former
             times
             were
             tumultuous
             ,
             and
             the
             Pope
             is
             gained
             to
             joyn
             with
             the
             Crown
             to
             keep
             the
             people
             under
             ;
             though
             by
             that
             means
             ,
             
               what
               the
               Crown
               saved
               to
               it self
               from
               the
               people
               ,
               it
               lost
               to
            
             Rome
             .
             Henceforth
             the
             course
             of
             Affairs
             grew
             more
             civil
             ,
             or
             (
             if
             you
             will
             )
             graced
             with
             a
             blush
             of
             Religion
             :
             and
             it
             was
             the
             policy
             of
             these
             times
             whereof
             we
             now
             treat
             ,
             to
             carry
             a
             benign
             Aspect
             to
             the
             Pope
             ,
             so
             far
             only
             as
             to
             slave
             him
             off
             from
             being
             an
             enemy
             ,
             whilst
             Kings
             drove
             on
             a
             new
             design
             to
             ingratiate
             and
             engage
             the
             Church
             men
             of
             their
             own
             Nation
             unto
             it's
             own
             Crown
             .
             This
             they
             did
             by
             distinguishing
             the
             Office
             or
             Dignity
             of
             Episcopacy
             ,
             into
             the
             Ministerial
             and
             Honourable
             Parts
             ;
             the
             later
             they
             called
             Prelacy
             ,
             and
             was
             superadded
             for
             encouragement
             of
             the
             former
             ,
             and
             to
             make
             their
             work
             more
             acceptaple
             to
             men
             for
             their
             Hospitalities
             sake
             ;
             for
             the
             maintenance
             whereof
             ,
             they
             had
             large
             Endowments
             and
             Advancements
             .
             And
             then
             they
             reduced
             them
             to
             a
             right
             understanding
             of
             their
             Original
             ,
             which
             ,
             they
             say
             ,
             is
             neither
             
               Jus
               Divinum
            
             ,
             nor
             Romanum
             ,
             
             but
             that
             their
             Lordships
             ,
             power
             ,
             and
             great
             possessions
             ,
             were
             given
             them
             by
             the
             Kings
             ,
             and
             others
             of
             this
             Realm
             .
             And
             that
             by
             vertue
             thereof
             ,
             the
             Patronage
             and
             custody
             of
             the
             Possessions
             in
             the
             vacancy
             ought
             to
             belong
             to
             the
             Kings
             ,
             and
             other
             the
             Founders
             ;
             and
             that
             unto
             them
             the
             right
             of
             Election
             into
             such
             advancements
             doth
             belong
             ,
             &
             not
             unto
             the
             Pope
             ;
             nor
             could
             he
             gain
             other
             Title
             unto
             such
             power
             ,
             but
             by
             usurpation
             ,
             and
             encroachment
             upon
             the
             right
             of
             others
             .
             But
             these
             great
             men
             were
             not
             to
             be
             won
             by
             Syllogisms
             ;
             Ordinarily
             they
             are
             begotten
             between
             Ambition
             and
             Covetousness
             ,
             nourished
             by
             Riches
             and
             Honour
             ;
             and
             like
             the
             Needle
             in
             the
             Compass
             ,
             turn
             ever
             after
             that
             way
             .
             Edward
             the
             Third
             
             therefore
             labours
             to
             win
             these
             men
             ,
             heaped
             Honour
             and
             Priviledges
             upon
             them
             ,
             that
             they
             might
             see
             the
             gleanings
             of
             the
             Crown
             of
             England
             ,
             to
             be
             better
             than
             the
             vintage
             of
             the
             Tripple
             Crown
             .
             Doubtless
             ,
             he
             was
             a
             Prince
             that
             knew
             how
             to
             set
             a
             full
             value
             upon
             
               Church
               men
            
             ,
             especially
             such
             as
             were
             devout
             ;
             and
             it
             may
             be
             ,
             did
             somewhat
             outreach
             in
             that
             course
             :
             For
             though
             he
             saw
             God
             in
             outward
             events
             ,
             more
             than
             any
             of
             his
             Predecessors
             ;
             and
             disclaiming
             all
             humane
             merits
             ,
             reflected
             much
             upon
             God's
             mercy
             ,
             even
             in
             smaller
             blessings
             :
             yet
             we
             find
             his
             Letters
             reflect
             very
             much
             upon
             the
             Prayers
             of
             his
             Clergy
             ;
             he
             loved
             to
             have
             their
             Persons
             nigh
             unto
             him
             ,
             put
             them
             into
             places
             of
             greatest
             Trust
             ,
             for
             Honour
             and
             Power
             ,
             in
             Judicature
             ;
             and
             not
             altogether
             without
             cause
             ;
             he
             had
             thereby
             purchased
             unto
             his
             Kingdom
             the
             name
             and
             repute
             of
             being
             a
             Kingdom
             of
             Priests
             .
             But
             all
             this
             is
             but
             Personal
             ,
             and
             may
             give
             some
             liking
             to
             the
             present
             Incumbents
             ,
             but
             not
             to
             the
             expectants
             :
             and
             therefore
             the
             Royal
             Favour
             extended
             so
             far
             in
             these
             times
             ,
             as
             to
             bring
             on
             the
             Parliament
             to
             give
             countenance
             to
             the
             Courts
             and
             Judiciary
             power
             of
             the
             Ordinaries
             ,
             by
             the
             positive
             Law
             of
             the
             Kingdom
             ,
             although
             formerly
             the
             Canons
             had
             already
             long
             since
             made
             way
             thereto
             by
             practice
             .
             I
             shall
             hereof
             note
             these
             few
             particulars
             ensuing
             .
          
           
             Ordinaries
             shall
             not
             be
             questioned
             in
             the
             King's
             Court
             for
             Commutation
             ,
             
             Testamentary
             Matters
             ,
             or
             Matrimonial
             Causes
             ,
             nor
             other
             things
             touching
             Jurisdiction
             of
             Holy-Church
             .
          
           
             Things
             formerly
             bred
             by
             the
             Canon
             ,
             nourished
             by
             continual
             practice
             ,
             allowed
             by
             Ordinance
             of
             Parliament
             ,
             or
             Grant
             from
             Kings
             in
             Parliament
             ,
             are
             now
             confirmed
             by
             solemn
             concurrence
             of
             the
             whole
             Representative
             Body
             of
             the
             Kingdom
             ,
             
               to
               have
               and
               to
               hold
               with
               Warranty
               .
            
             And
             yet
             the
             sence
             is
             not
             so
             general
             as
             the
             words
             ,
             nor
             doth
             it
             seem
             much
             other
             ,
             than
             a
             Confection
             made
             for
             the
             Arch-Bishops
             appetite
             ,
             
             to
             cure
             a
             distemper
             between
             him
             and
             the
             King
             :
             for
             the
             Civil
             Judge
             lost
             nothing
             hereby
             ,
             nor
             would
             the
             Crown
             ,
             as
             may
             appear
             by
             a
             Law
             of
             equal
             Authority
             with
             the
             former
             ;
             
             for
             though
             an
             Executor
             or
             Administrator
             may
             cheat
             ,
             yet
             it
             tells
             us
             ,
             that
             Ordinaries
             only
             can
             oppress
             ,
             and
             extort
             from
             dead
             men
             ;
             and
             therefore
             in
             such
             cases
             doth
             provide
             remedy
             by
             enquiry
             ,
             and
             Indictment
             before
             the
             King's
             Justices
             .
          
           
             They
             shall
             have
             Cognizance
             of
             Vsury
             during
             the
             Delinquent's
             Life
             ,
             
             and
             the
             King
             after
             the
             Delinquent's
             death
             .
          
           
             The
             difference
             ariseth
             from
             the
             different
             end
             ;
             the
             first
             being
             to
             reform
             the
             Person
             by
             Church-censures
             ,
             and
             to
             urge
             him
             to
             restitution
             ;
             the
             latter
             is
             for
             the
             King
             's
             Fine
             or
             Forfeiture
             .
             For
             as
             touching
             the
             Usurer's
             estate
             ,
             
             the
             offence
             was
             in
             the
             nature
             of
             Felony
             ,
             forfeiting
             both
             Lands
             and
             Goods
             to
             the
             King
             ,
             after
             the
             Delinquent's
             death
             :
             And
             it
             seemeth
             the
             manner
             was
             to
             Indict
             the
             Delinquent
             during
             his
             life
             ;
             and
             that
             stuck
             to
             him
             as
             a
             deadly
             Arrow
             in
             his
             side
             ,
             till
             he
             died
             .
             Nor
             did
             it
             lie
             in
             the
             power
             of
             the
             Ordinary
             ,
             by
             Ecclesiastical
             censure
             ,
             so
             to
             reform
             the
             Of●ender
             ,
             as
             to
             clear
             him
             to
             the
             King
             ,
             unless
             the
             party
             offending
             made
             his
             peace
             with
             the
             King
             by
             Composition
             .
             
             And
             thus
             the
             Law
             continued
             ,
             for
             ought
             appeareth
             to
             me
             ,
             till
             the
             time
             of
             Henry
             the
             Eighth
             .
          
           
           
             They
             shall
             have
             Cognizance
             of
             avoidance
             of
             Benefices
             of
             Right
             :
             
             They
             shall
             certifie
             Bigamy
             ;
             and
             Bastardy
             had
             beyond
             the
             Sea
             ;
             
             and
             whether
             a
             Prior
             be
             perpetual
             ,
             or
             Dative
             .
          
           
             The
             first
             of
             these
             concerning
             
               avoidance
               of
               Churches
            
             ,
             it
             seemeth
             was
             somewhat
             doubtful
             in
             point
             of
             practice
             ,
             for
             that
             the
             Civil
             Judge
             used
             to
             determine
             all
             manner
             of
             avoidances
             ,
             as
             well
             in
             Fact
             ,
             as
             of
             Right
             ;
             but
             by
             this
             Statute
             they
             are
             restrained
             only
             unto
             avoidances
             in
             Fact
             ,
             so
             as
             after
             this
             Statute
             it
             is
             holden
             ,
             that
             avoidances
             by
             death
             shall
             be
             tryed
             by
             the
             Countrey
             ;
             but
             if
             the
             avoidance
             be
             by
             Deprivation
             ,
             Resignation
             ,
             Creation
             ,
             
             or
             otherwise
             ,
             it
             shall
             be
             tryed
             by
             the
             Ordinary
             :
             because
             by
             common
             intendment
             he
             is
             more
             conusant
             of
             the
             thing
             ,
             than
             Countrey-people
             .
             But
             as
             touching
             the
             point
             of
             Bigamy
             ,
             the
             matter
             is
             more
             doubtful
             ,
             in
             regard
             that
             commonly
             the
             Marriage
             of
             a
             second
             Wife
             ,
             or
             Widow
             ,
             is
             a
             matter
             in
             Fact
             ,
             done
             in
             the
             face
             of
             the
             people
             ;
             and
             of
             which
             they
             take
             notice
             ,
             especially
             where
             the
             life
             of
             man
             is
             concerned
             ,
             which
             rather
             requireth
             the
             Judgment
             of
             his
             Peers
             ,
             than
             where
             the
             outward
             maintenance
             only
             is
             engaged
             .
             Nevertheless
             ,
             because
             the
             main
             point
             is
             ,
             whether
             the
             party
             be
             a
             Clerk
             or
             not
             ,
             and
             the
             same
             anciently
             rested
             upon
             the
             Certificate
             of
             the
             Ordinary
             :
             It
             is
             by
             this
             Law
             again
             allowed
             to
             him
             to
             try
             and
             certifie
             this
             point
             of
             Bigamy
             also
             ,
             although
             the
             Statute
             of
             Bigamists
             might
             seem
             to
             Entitle
             the
             Civil
             Magistrate
             thereto
             ,
             
             as
             the
             Law
             was
             holden
             to
             be
             before
             this
             Statute
             was
             made
             .
             In
             the
             next
             place
             ,
             although
             it
             cannot
             be
             denyed
             but
             the
             Trial
             of
             Bastardy
             beyond
             the
             Sea
             might
             as
             well
             lie
             in
             the
             cognizance
             of
             the
             Lay-Magistrate
             ,
             as
             in
             that
             of
             the
             Ecclesiastical
             ;
             yet
             seeing
             the
             Clergy
             had
             already
             attained
             the
             cognizance
             of
             the
             thing
             ,
             the
             place
             proved
             but
             a
             matter
             of
             circumstance
             ;
             especially
             they
             having
             the
             advantage
             of
             the
             Civil
             Magistrate
             in
             this
             ,
             in
             regard
             that
             the
             Ecclesiastical
             persons
             beyond
             the
             Sea
             ,
             had
             also
             obtained
             the
             cognizance
             of
             that
             matter
             amongst
             themselves
             ,
             their
             Testimony
             or
             Certificate
             would
             come
             with
             more
             credit
             to
             the
             Clergy
             in
             this
             Kingdom
             ,
             than
             to
             the
             Magistrate
             ,
             whose
             cognizance
             in
             such
             cases
             they
             did
             disallow
             .
          
           
             Lastly
             ,
             concerning
             Priories
             ,
             whereas
             some
             were
             presentative
             ,
             and
             filled
             by
             Induction
             from
             the
             Ordinary
             ;
             and
             others
             were
             Donative
             ,
             having
             their
             Priors
             meerly
             at
             the
             will
             of
             the
             Abbot
             ,
             to
             be
             placed
             and
             displaced
             as
             he
             thought
             most
             expedient
             :
             If
             then
             the
             point
             in
             issue
             depends
             upon
             this
             knot
             ,
             this
             Law
             referreth
             the
             Trial
             unto
             the
             Ordinary
             ,
             who
             by
             common
             presumption
             best
             knows
             whether
             any
             Institution
             and
             Induction
             had
             passed
             his
             Registry
             and
             Seal
             ,
             or
             not
             .
             And
             thus
             ,
             though
             a
             kind
             of
             Judicial
             power
             seemeth
             to
             be
             carried
             along
             herewith
             ,
             yet
             is
             all
             in
             a
             ministerial
             and
             subservient
             way
             unto
             the
             Civil
             Magistrate
             ;
             and
             nevertheless
             ,
             with
             such
             credit
             and
             authority
             ,
             that
             the
             main
             hinge
             of
             the
             Judicatory
             ,
             in
             such
             cases
             ,
             depends
             upon
             the
             dash
             of
             their
             pen.
             
          
           
             No
             Bishop
             ,
             
             nor
             Arch-Bishop
             ,
             shall
             be
             Impeached
             before
             the
             Civil
             Magistrate
             ,
             without
             the
             Kings
             express
             Warrant
             .
          
           
             The
             former
             particulars
             concerned
             matter
             of
             Authority
             ;
             this
             and
             others
             ensuing
             ,
             concern
             matter
             of
             immunity
             ,
             which
             ,
             or
             most
             of
             which
             were
             formerly
             for
             a
             long
             time
             within
             the
             fancy
             of
             the
             Canon
             ,
             but
             never
             
             came
             to
             the
             height
             of
             Parliamentary
             approbation
             or
             Authority
             till
             now
             ,
             that
             it
             comes
             in
             as
             a
             peace-offering
             to
             pacifie
             the
             quarrel
             between
             the
             Arch-Bishop
             Stratford
             and
             the
             King.
             For
             he
             being
             engaged
             in
             the
             French
             Wars
             ,
             so
             resolved
             to
             continue
             ;
             and
             therefore
             to
             maintain
             distempers
             at
             home
             ,
             he
             held
             neither
             Honourable
             nor
             safe
             .
          
           
             Their
             Temporalties
             shall
             not
             be
             wasted
             ,
             during
             the
             vacancy
             :
             Nor
             shall
             they
             be
             seized
             ,
             
             but
             by
             Judgment
             of
             the
             Court.
             
          
           
             The
             first
             of
             these
             was
             an
             ancient
             Law
             ,
             grounded
             upon
             great
             reason
             ;
             although
             dulled
             by
             time
             ,
             and
             by
             covetousness
             of
             the
             needy
             Patrons
             ,
             next
             to
             laid
             aside
             ,
             if
             not
             quite
             put
             out
             of
             countenance
             .
             So
             as
             a
             new
             Law
             must
             be
             made
             to
             revive
             it
             ,
             and
             to
             abolish
             that
             corrupt
             custom
             or
             practice
             of
             depredating
             those
             possessions
             given
             to
             a
             
               holy
               use
            
             in
             common
             supposal
             ,
             contrary
             to
             the
             trust
             by
             them
             undertaken
             ,
             and
             the
             use
             still
             continuing
             .
             But
             the
             second
             Branch
             is
             in
             nature
             of
             a
             Law
             of
             Restraint
             set
             upon
             the
             Common-Law
             :
             for
             the
             persons
             of
             these
             Spiritualized
             men
             were
             of
             so
             airy
             a
             constitution
             ,
             as
             they
             could
             not
             be
             holden
             by
             hands
             made
             out
             of
             the
             Clay
             ,
             such
             as
             the
             rude
             Laity
             were
             ;
             and
             therefore
             the
             Civil
             Magistrate
             ,
             upon
             all
             occasions
             used
             to
             lay
             hold
             upon
             that
             ,
             whereof
             there
             was
             some
             feeling
             ,
             which
             were
             called
             Temporalities
             ,
             and
             thereby
             drew
             them
             to
             appearance
             at
             the
             Lay-Courts
             ;
             for
             however
             Spiritual
             the
             Clergy
             were
             ,
             they
             would
             not
             easily
             part
             with
             their
             Lay-Fees
             .
             But
             now
             by
             this
             Law
             ,
             the
             times
             are
             so
             attenuated
             ,
             that
             the
             very
             Temporalities
             are
             made
             so
             Spiritual
             ,
             as
             not
             to
             be
             medled
             with
             by
             the
             
             Lay-Magistrate
             ,
             unless
             upon
             judgment
             first
             obtained
             against
             them
             .
             And
             suitably
             thereunto
             ,
             within
             twelve
             years
             following
             ,
             another
             Law
             was
             made
             more
             punctual
             ,
             That
             their
             Temporalties
             should
             not
             be
             seized
             upon
             for
             contempts
             ,
             
             but
             that
             their
             persons
             should
             be
             seized
             :
             yet
             within
             twenty
             years
             after
             that
             ,
             this
             Law
             begins
             to
             be
             out
             of
             countenance
             ,
             and
             the
             Opinions
             of
             the
             Judges
             began
             to
             grow
             bold
             upon
             the
             ancient
             rule
             ,
             that
             their
             Temporalities
             were
             Temporal
             ,
             though
             their
             persons
             were
             Spiritual
             ;
             and
             that
             it
             was
             more
             dangerous
             to
             imprison
             the
             person
             of
             a
             Clergy-man
             ,
             than
             to
             attach
             his
             possessions
             .
             And
             therefore
             they
             held
             ,
             
             That
             if
             the
             Ordinary
             remove
             not
             the
             Incumbent
             when
             the
             King
             's
             Writ
             commands
             him
             so
             to
             do
             ,
             his
             Temporalties
             should
             be
             seized
             .
             And
             if
             the
             Ordinary
             should
             certifie
             one
             to
             be
             a
             Clerk
             which
             is
             none
             ,
             the
             like
             course
             is
             to
             be
             taken
             .
          
           
             They
             shall
             depute
             the
             next
             and
             most
             lawful
             Friends
             of
             the
             Intestate
             to
             administer
             his
             Goods
             .
             
          
           
             The
             Statute
             at
             Westminster
             the
             second
             ,
             having
             given
             formerly
             a
             kind
             of
             allowance
             that
             the
             Ordinary
             should
             be
             Administrator
             to
             the
             Intestate
             ,
             
             so
             far
             as
             to
             answer
             the
             
             Intestate's
             Debts
             ,
             lent
             him
             thereby
             an
             opportunity
             to
             possess
             himself
             of
             the
             whole
             ,
             to
             all
             intents
             and
             purposes
             .
             Which
             being
             observed
             by
             the
             Parliament
             ,
             by
             this
             Law
             they
             made
             way
             for
             Administration
             to
             fall
             through
             the
             hands
             of
             the
             Ordinary
             into
             the
             Lap
             of
             Administrators
             made
             by
             the
             Authority
             of
             the
             Parliament
             ;
             but
             of
             the
             Ordinaries
             nomination
             ,
             according
             to
             the
             Authority
             hereby
             to
             him
             given
             .
             These
             Administrators
             thus
             made
             ,
             had
             a
             greater
             power
             than
             ever
             the
             Ordinary
             had
             ,
             or
             could
             give
             .
             For
             though
             the
             Ordinary
             by
             the
             Statute
             at
             Westminster
             was
             bound
             to
             pay
             the
             Debts
             of
             the
             Testator
             ,
             yet
             could
             he
             
             never
             bring
             Action
             ,
             as
             the
             Administrator
             to
             all
             intents
             by
             this
             Law
             is
             enabled
             to
             do
             .
             And
             though
             it
             be
             true
             that
             the
             Administrator
             is
             by
             this
             Law
             ordered
             to
             account
             to
             the
             Ordinary
             ,
             yet
             doth
             not
             that
             entitle
             the
             Ordinary
             to
             any
             interest
             in
             the
             personal
             Estate
             ;
             but
             only
             gives
             him
             a
             bare
             Authority
             to
             take
             the
             account
             ,
             without
             any
             compulsory
             power
             by
             Ecclesiastical
             censures
             to
             enforce
             him
             thereto
             .
          
           
             Secondly
             ,
             it
             is
             such
             an
             account
             as
             is
             no
             Evidence
             in
             any
             Court
             of
             Record
             .
             And
             lastly
             ,
             if
             upon
             the
             foot
             of
             the
             account
             ,
             any
             arrere
             remained
             ,
             or
             surplusage
             of
             Estate
             ;
             the
             Ordinary
             could
             neither
             recover
             ,
             nor
             order
             the
             same
             ;
             because
             by
             the
             Law
             anciently
             ,
             the
             next
             friends
             had
             the
             sole
             interest
             therein
             :
             and
             being
             by
             this
             Statute
             made
             Administrators
             ,
             the
             whole
             power
             of
             ordering
             the
             Estate
             is
             vested
             in
             them
             .
          
           
             To
             conclude
             ,
             this
             Statute
             was
             made
             in
             favour
             ,
             and
             for
             the
             ease
             of
             the
             Ordinary
             ,
             if
             they
             would
             please
             so
             to
             take
             it
             ,
             for
             they
             could
             get
             no
             benefit
             by
             executing
             the
             Administration
             in
             their
             own
             persons
             ,
             if
             they
             intended
             to
             Administer
             according
             to
             the
             Law.
             
          
           
             The
             persons
             of
             the
             Clergy
             are
             priviledged
             from
             Arrests
             ,
             
             during
             the
             Holy
             Actions
             of
             the
             Officiating
             .
          
           
             This
             was
             plotted
             since
             
             Anselm's
             time
             ;
             he
             and
             his
             Successors
             endeavoured
             by
             Constitution
             and
             Canon
             ,
             continually
             to
             mind
             the
             Civil
             Magistrate
             thereof
             ,
             but
             could
             never
             nurse
             it
             up
             to
             the
             degree
             of
             a
             Law
             till
             now
             ;
             they
             gained
             the
             advantages
             of
             the
             times
             ,
             growing
             into
             a
             more
             tender
             apprehension
             of
             Devotion
             than
             formerly
             .
             
             The
             penalty
             of
             transgressing
             this
             Law
             is
             left
             in
             general
             ,
             and
             therefore
             did
             the
             less
             scare
             ;
             but
             within
             three
             years
             after
             ,
             it
             was
             confirmed
             with
             a
             certain
             penalty
             of
             Fine
             and
             Imprisonment
             ,
             as
             to
             the
             King's
             suit
             ;
             and
             damages
             to
             the
             party
             offended
             :
             and
             the
             Priviledge
             was
             enlarged
             ,
             for
             ,
             and
             during
             their
             continuance
             in
             the
             
               Consecrated
               ground
            
             ,
             in
             order
             to
             such
             services
             ,
             and
             not
             upon
             Fraud
             or
             Collusion
             to
             avoid
             Arrests
             .
             But
             by
             neither
             of
             these
             Laws
             was
             the
             Arrest
             (
             although
             contrary
             to
             them
             )
             made
             void
             ,
             as
             touching
             the
             Process
             .
          
           
             The
             Goods
             of
             the
             Clergy
             are
             discharged
             from
             Purveyance
             ,
             
             and
             their
             Houses
             from
             Quarter
             .
          
           
             The
             latter
             of
             these
             was
             an
             Encroachment
             upon
             the
             greater
             Clergy-men
             .
             For
             under
             the
             Title
             of
             Hospitality
             ,
             which
             the
             Prelates
             were
             obliged
             to
             by
             their
             great
             Possessions
             and
             Revenues
             conferred
             upon
             them
             to
             that
             end
             ,
             Kings
             used
             to
             quarter
             Messengers
             to
             and
             from
             Scotland
             ;
             the
             King's
             Horses
             ,
             Dogs
             ,
             and
             Hawks
             ,
             &c.
             
             But
             the
             point
             of
             Purveyance
             was
             an
             ancient
             Prerogative
             belonging
             to
             Kings
             ;
             and
             by
             no
             Custom
             were
             the
             goods
             of
             any
             man
             discharged
             therefrom
             ,
             till
             it
             was
             by
             Act
             of
             grace
             first
             confirmed
             by
             Edward
             the
             First
             ,
             
             and
             afterwards
             by
             grant
             of
             Edward
             the
             Second
             ;
             yet
             by
             reason
             of
             the
             rudeness
             of
             the
             times
             ,
             did
             not
             those
             Acts
             prevail
             to
             that
             settlement
             that
             was
             promised
             ,
             till
             now
             Edward
             the
             Third
             renewed
             the
             Law.
             Nevertheless
             ,
             could
             not
             this
             Law
             of
             Edward
             the
             Third
             perfect
             that
             work
             ,
             because
             it
             was
             but
             a
             bare
             command
             till
             Richard
             the
             Second
             made
             a
             remedial
             Law
             ,
             
             giving
             thereby
             the
             Clergy
             that
             were
             wronged
             a
             right
             of
             Action
             of
             Trespass
             against
             the
             Purveyors
             ,
             and
             to
             recover
             treble
             damages
             ;
             whereas
             formerly
             they
             were
             liable
             only
             to
             a
             Fine
             to
             the
             King
             ,
             which
             many
             times
             was
             as
             soon
             pardoned
             as
             asked
             .
          
           
           
             These
             condescensions
             might
             have
             wedded
             the
             English
             Clergy
             to
             the
             English
             Crown
             ,
             but
             that
             it
             was
             coy
             ,
             and
             expected
             further
             gratuities
             .
             Besides
             ,
             they
             beheld
             their
             old
             Step-dame
             Rome
             now
             in
             its
             full
             Splendor
             and
             Power
             ,
             and
             deeply
             interested
             in
             the
             sway
             of
             affairs
             in
             this
             Kingdom
             :
             and
             above
             all
             the
             rest
             ,
             the
             nigh
             affinity
             between
             the
             Prelate
             and
             the
             Pope
             was
             such
             ,
             that
             they
             sucked
             one
             Milk
             ,
             breathed
             one
             Air
             ,
             and
             like
             the
             Philosophers
             Twins
             ,
             lived
             in
             each
             other
             .
             The
             latter
             of
             these
             was
             not
             discerned
             by
             those
             dim-sighted
             times
             ,
             and
             therefore
             they
             could
             do
             nothing
             towards
             the
             dissolution
             of
             that
             knot
             ,
             but
             left
             it
             to
             future
             times
             ,
             who
             found
             no
             other
             way
             than
             to
             cut
             it
             asunder
             .
             But
             Edward
             the
             Third
             and
             his
             Successor
             espyed
             the
             first
             ,
             felt
             the
             inconvenience
             thereof
             ,
             and
             applyed
             themselves
             to
             such
             remedy
             as
             they
             found
             most
             ready
             at
             hand
             .
             All
             things
             that
             are
             subject
             to
             time
             ,
             are
             also
             subject
             to
             change
             ;
             which
             comes
             commonly
             slower
             upon
             Governments
             that
             are
             less
             Ecclesiastical
             :
             for
             Churches
             continue
             longer
             in
             a
             growing
             condition
             ,
             than
             in
             their
             complete
             estate
             ;
             like
             a
             Christian
             ,
             that
             seldom
             endures
             long
             after
             his
             full
             ripeness
             .
             Thus
             in
             England
             it
             is
             hitherto
             above
             a
             thousand
             years
             since
             the
             Gospel
             came
             to
             the
             Saxons
             ,
             and
             well-nigh
             a
             thousand
             years
             since
             the
             Pope
             set
             his
             foot
             amongst
             us
             ;
             ever
             approaching
             nigher
             the
             Throne
             ,
             and
             ascending
             thereunto
             ;
             but
             finding
             it
             full
             of
             a
             King
             that
             would
             not
             remove
             ,
             he
             sits
             down
             in
             his
             Lap
             ;
             a
             heavy
             burthen
             questionless
             he
             was
             ,
             considering
             his
             claim
             of
             Jurisdiction
             ,
             his
             
               provisions
               ,
               pensions
               ,
               exemptions
               ,
               impositions
               ,
            
             and
             such
             like
             oppressions
             ;
             and
             therefore
             it
             is
             no
             wonder
             if
             the
             King
             feeling
             the
             incumbrance
             ,
             gives
             a
             lift
             at
             the
             Popes
             power
             ,
             by
             stoping
             the
             current
             of
             Money
             from
             England
             ,
             Rome-wards
             .
             To
             this
             end
             ,
             the
             Statute
             made
             at
             Carlisle
             is
             revived
             ,
             whereby
             the
             Clergy
             are
             inhibited
             from
             conveying
             Treasure
             beyond
             the
             Seas
             :
             
             but
             the
             Pope
             knew
             how
             to
             ride
             ,
             and
             will
             not
             so
             easily
             forgo
             his
             saddle
             .
          
           
             The
             Roman
             Eagle
             had
             made
             many
             a
             fair
             flight
             in
             England
             ,
             and
             had
             not
             yet
             fully
             gorged
             himself
             ;
             he
             grants
             ten
             thousand
             Marks
             yearly
             out
             of
             Taxes
             laid
             upon
             the
             Church-livings
             in
             England
             unto
             two
             Cardinals
             ,
             neither
             of
             which
             did
             ,
             nor
             by
             the
             Canon
             could
             live
             in
             England
             ;
             the
             Treasurership
             of
             York
             also
             to
             another
             Cardinal
             ,
             after
             that
             the
             King
             had
             conferred
             the
             same
             elsewhere
             .
             He
             proceeds
             also
             further
             to
             invade
             the
             undoubted
             rights
             of
             the
             Crown
             ,
             by
             making
             an
             Election
             of
             the
             B.
             of
             Norwich
             ,
             and
             causing
             him
             to
             be
             invested
             
               Rege
               renitente
            
             .
             The
             King
             spent
             eight
             years
             in
             the
             recovery
             of
             his
             right
             ,
             and
             was
             deluded
             in
             the
             conclusion
             :
             he
             now
             sees
             it
             bootless
             to
             stand
             always
             upon
             his
             defence
             ,
             and
             receives
             affron●s
             ;
             he
             resolves
             therefore
             to
             enter
             the
             lists
             ,
             and
             maketh
             seizure
             of
             the
             Deanery
             of
             York
             ,
             which
             formerly
             by
             usurpation
             the
             Pope
             had
             conferred
             upon
             a
             Cardinal
             ;
             
             and
             of
             all
             Church-livings
             given
             by
             the
             Pope
             to
             aliens
             .
             Then
             a
             Law
             is
             made
             more
             sharp
             than
             those
             in
             the
             eighteenth
             year
             ,
             wherein
             Provisors
             of
             Abbies
             and
             Priories
             are
             made
             liable
             to
             a
             Proemuniri
             ,
             and
             Provisors
             of
             other
             Ecclesiastical
             Livings
             and
             Dignities
             (
             whereby
             the
             presentation
             of
             the
             rightful
             Patron
             is
             disturbed
             )
             to
             be
             fined
             and
             imprisoned
             until
             the
             fine
             and
             damages
             to
             the
             party
             wronged
             be
             paid
             .
             And
             all
             such
             as
             draw
             men
             to
             plead
             out
             of
             England
             ,
             in
             cases
             that
             belong
             to
             the
             cognizance
             of
             the
             
               Kings
               Court
            
             ,
             
             and
             all
             obtainers
             of
             provisions
             in
             the
             Court
             at
             Rome
             ,
             these
             were
             also
             subject
             to
             a
             Proemuniri
             .
             For
             whilst
             these
             things
             were
             thus
             in
             action
             ,
             the
             Pope
             bestirred
             himself
             notably
             with
             
               Citations
               ,
               Excommunications
               ,
               Interdictions
            
             ,
             and
             such
             other
             birds
             of
             prey
             ,
             not
             only
             against
             mean
             men
             ,
             but
             Judges
             ,
             Bishops
             ,
             and
             the
             King's
             Council
             ;
             as
             amongst
             others
             ,
             the
             case
             of
             the
             Bishop
             of
             Ely
             ,
             at
             the
             solicitation
             of
             some
             
             of
             some
             of
             inferiour
             regard
             ,
             as
             I
             remember
             ,
             a
             Clerk
             or
             some
             such
             thing
             .
             Yet
             as
             these
             Bull-drivers
             or
             Summoners
             to
             the
             Romish
             Court
             ,
             
             were
             no
             late
             upstarts
             ,
             so
             were
             not
             these
             times
             the
             first
             that
             took
             them
             to
             task
             :
             for
             before
             the
             Statutes
             of
             Proemuniri
             ,
             we
             find
             provision
             was
             made
             against
             Provisors
             ,
             and
             that
             some
             Statute
             did
             precede
             those
             in
             Print
             ,
             which
             punished
             a
             disturber
             of
             the
             King
             's
             Incumbent
             by
             a
             Bull
             from
             Rome
             ,
             with
             perpetual
             Imprisonment
             ,
             or
             at
             the
             King's
             will.
             Besides
             ,
             the
             party
             wronged
             was
             allowed
             an
             Action
             for
             his
             Damages
             ,
             
             
               Qui
               tam
               pro
               Domino
               Rege
               quam
               pro
               seipso
               sequitur
               .
            
             And
             before
             that
             time
             also
             ,
             bringers
             of
             Bulls
             from
             Rome
             were
             imprisoned
             ;
             although
             in
             all
             these
             cases
             aforesaid
             ,
             the
             liberty
             of
             the
             Persons
             ,
             both
             of
             Lords
             and
             Prelates
             ,
             was
             saved
             .
             And
             thus
             all
             the
             while
             King
             Edward
             the
             Third
             kept
             the
             Field
             ,
             
             he
             gave
             the
             Pope
             cuff
             for
             cuff
             ;
             but
             retiring
             himself
             to
             take
             his
             ease
             ,
             he
             waxing
             wanton
             ,
             waxed
             weak
             ,
             and
             more
             slowly
             pursued
             the
             vindication
             of
             his
             own
             Right
             ,
             and
             his
             Subjects
             Liberty
             .
             The
             Laws
             are
             laid
             aside
             ,
             and
             Rome
             had
             further
             day
             given
             to
             plead
             ,
             and
             in
             the
             mean
             time
             Execution
             is
             staid
             :
             the
             double
             mind
             is
             double
             dyed
             ,
             and
             advantage
             is
             soon
             espyed
             ;
             above
             sixty
             Church-livings
             more
             are
             suddenly
             catched
             and
             given
             to
             the
             Favourites
             at
             Rome
             .
             
             The
             Parliament
             rings
             herewith
             ,
             yet
             the
             King
             delays
             the
             remedy
             ;
             and
             in
             this
             Eddy
             of
             affairs
             Edward
             the
             Third
             dies
             ,
             and
             Richard
             the
             Second
             takes
             up
             the
             place
             ,
             who
             had
             wit
             enough
             to
             observe
             what
             concerned
             his
             own
             interest
             ,
             and
             courage
             enough
             to
             pursue
             it
             :
             but
             neither
             wit
             nor
             courage
             to
             over-rule
             his
             Lusts
             ,
             which
             in
             the
             conclusion
             over-ruled
             all
             rule
             ,
             and
             brought
             himself
             to
             destruction
             .
             He
             found
             the
             people
             at
             his
             entrance
             into
             the
             Throne
             irritated
             with
             the
             Pope's
             oppressions
             ,
             and
             vexed
             at
             his
             Grandfather's
             desidiousness
             ;
             his
             spirit
             is
             also
             stirred
             within
             him
             ,
             and
             himself
             thereby
             pressed
             to
             tread
             in
             his
             Grandfather's
             former
             ways
             ,
             and
             to
             out-run
             him
             in
             his
             latter
             .
             He
             made
             the
             penalty
             of
             Proemuniri
             to
             extend
             to
             all
             Farmers
             ,
             
             or
             others
             ,
             in
             nature
             of
             Bailiffs
             ,
             that
             held
             any
             Church
             maintenance
             to
             the
             use
             of
             any
             Alien
             ;
             
             and
             unto
             all
             Aliens
             that
             are
             Purchasors
             of
             such
             Provisions
             to
             any
             use
             ;
             and
             unto
             all
             Lieges
             ,
             that
             shall
             in
             like
             manner
             purchase
             such
             Provisions
             .
          
           
             But
             as
             touching
             such
             as
             shall
             accept
             such
             Provisions
             ,
             he
             ordained
             Banishment
             for
             their
             Persons
             ,
             
             and
             Forfeiture
             of
             their
             Estate
             .
             Notwithstanding
             all
             this
             ,
             the
             Roman
             Horse-leech
             would
             not
             so
             give
             over
             .
             The
             King
             grew
             into
             displeasure
             with
             his
             Subjects
             ,
             and
             they
             with
             him
             ,
             and
             with
             one
             another
             ;
             they
             see
             the
             Pope
             still
             on
             horseback
             ,
             and
             fear
             that
             the
             English
             Clergie
             ,
             their
             own
             Country-men
             ,
             if
             not
             Friends
             and
             Abettors
             ,
             yet
             are
             bu●
             faint
             and
             feigned
             Enemies
             to
             the
             Pope's
             Cause
             .
             Nor
             was
             it
             without
             cause
             that
             their
             fear
             was
             such
             :
             for
             as
             the
             Pope
             had
             two
             hands
             to
             receive
             ,
             so
             they
             had
             two
             hearts
             ,
             making
             shew
             of
             forming
             blows
             at
             the
             Pope
             ,
             but
             then
             always
             at
             a
             distance
             ,
             or
             when
             without
             the
             Pope's
             Guard
             ;
             and
             thus
             the
             Laws
             begin
             to
             stammer
             ,
             and
             cannot
             speak
             so
             plain
             English
             as
             they
             were
             wont
             .
             The
             people
             hereat
             offended
             ,
             resolve
             to
             put
             the
             Clergie
             into
             the
             Van
             ,
             and
             to
             try
             their
             mettle
             to
             the
             full
             .
          
           
             At
             the
             last
             parliament
             that
             Richard
             the
             Second
             did
             hold
             ,
             both
             the
             Lords
             Temporal
             and
             Spiritual
             are
             opposed
             one
             by
             one
             .
             
             The
             Lords
             Temporal
             (
             like
             themselves
             )
             resolve
             and
             enter
             their
             Resolutions
             to
             defend
             the
             Right
             of
             the
             Crown
             in
             the
             Cases
             of
             Provisors
             ;
             although
             even
             amongst
             these
             great
             men
             ,
             all
             were
             not
             equally
             resolute
             ;
             for
             Sir
             
               William
               Brian
            
             had
             purchased
             the
             Pope's
             Excommunication
             against
             some
             that
             had
             committed
             Burglary
             ,
             
             and
             he
             was
             committed
             to
             the
             Tower
             for
             his
             labour
             .
             But
             the
             Prelates
             answer
             was
             ambiguous
             ,
             and
             with
             modifications
             ,
             
             which
             was
             all
             one
             to
             cry
             (
             as
             men
             use
             to
             say
             )
             Craven
             :
             yet
             was
             the
             Statute
             made
             peremptory
             ,
             according
             to
             what
             was
             formerly
             enacted
             .
             And
             though
             the
             Prelates
             cautionary
             way
             of
             proceeding
             might
             be
             a
             principal
             reason
             why
             the
             Pope's
             power
             held
             so
             long
             in
             England
             ,
             in
             an
             usurping
             way
             ;
             yet
             Kings
             also
             much
             conduced
             ,
             thereto
             ,
             by
             seeking
             too
             much
             their
             personal
             ease
             above
             the
             honour
             of
             their
             place
             ;
             and
             the
             Pope's
             blessings
             ,
             and
             opinion
             of
             his
             favour
             ,
             more
             than
             their
             own
             good
             ,
             or
             the
             peoples
             Liberty
             :
             for
             there
             was
             no
             other
             balm
             for
             a
             distracted
             mind
             ,
             than
             that
             which
             dropped
             from
             the
             Pope's
             Lips.
             In
             like
             manner
             ,
             Richard
             the
             Second
             being
             already
             ,
             at
             least
             in
             purpose
             ,
             estranged
             from
             his
             people
             ,
             sought
             to
             get
             friends
             at
             Rome
             ,
             to
             hold
             by
             the
             
               Spiritual
               Sword
            
             ,
             what
             he
             was
             in
             danger
             to
             lose
             by
             laying
             aside
             the
             
               Sword
               of
               Justice
            
             ,
             which
             is
             the
             surest
             Tenure
             for
             Kings
             to
             hold
             by
             .
             And
             though
             the
             Popedom
             was
             now
             under
             a
             Schism
             between
             two
             Popes
             ,
             
             Clement
             and
             Vrban
             ,
             yet
             he
             was
             so
             far
             won
             for
             Vrban
             ,
             that
             he
             not
             onely
             engaged
             himself
             ,
             and
             the
             Parliament
             ,
             to
             determine
             his
             Election
             ,
             and
             uphold
             the
             same
             ;
             but
             also
             ,
             
               Ex
               abundante
            
             ,
             did
             by
             Implication
             allow
             to
             him
             an
             Indefinite
             power
             to
             grant
             provisions
             ;
             and
             so
             at
             once
             he
             lost
             the
             Die
             ,
             and
             gained
             a
             Stake
             ,
             that
             like
             a
             bubble
             looked
             fair
             ,
             but
             soon
             vanished
             away
             .
          
           
             Nevertheless
             ,
             these
             two
             Comrades
             ,
             whilst
             they
             were
             togather
             ,
             resolved
             to
             make
             the
             most
             of
             each
             other
             that
             they
             could
             ;
             and
             therefore
             though
             the
             Popedom
             liked
             not
             the
             King
             ,
             yet
             the
             Pope
             had
             his
             love
             so
             far
             ,
             as
             he
             could
             deny
             himself
             ;
             for
             he
             had
             already
             denied
             his
             Kingdom
             .
             And
             (
             if
             the
             Articles
             exhibited
             against
             the
             King
             by
             Henry
             the
             Fourth
             be
             true
             )
             the
             Pope
             had
             his
             Faith
             also
             :
             
             For
             (
             that
             he
             might
             be
             rid
             of
             his
             reputed
             Enemy
             ,
             Archbishop
             Arundel
             )
             he
             trusted
             the
             Pope
             with
             that
             Complement
             of
             making
             Walden
             Archbishop
             of
             Canterbury
             in
             
             Arundel's
             stead
             ;
             which
             the
             Pope
             took
             so
             kindly
             ,
             as
             he
             made
             it
             a
             Precedent
             for
             Provisors
             for
             the
             future
             .
             Nor
             did
             the
             King
             stick
             in
             this
             one
             Singular
             ,
             but
             made
             it
             his
             custom
             in
             passing
             of
             Laws
             (
             especially
             such
             as
             the
             King
             was
             most
             devoted
             unto
             )
             to
             put
             more
             confidence
             in
             the
             Pope's
             Amen
             ,
             than
             in
             all
             the
             prayers
             of
             his
             Commons
             ,
             with
             his
             own
             
               Soit
               fait
            
             to
             boot
             .
             The
             sum
             then
             will
             be
             ,
             that
             the
             Prize
             was
             now
             well
             begun
             concerning
             the
             Pope's
             power
             in
             
               England
               .
               Edward
            
             the
             Third
             made
             a
             fair
             blow
             ,
             and
             drew
             bloud
             :
             Richard
             the
             Second
             seconded
             him
             ,
             but
             both
             retired
             .
             The
             former
             left
             the
             Pope
             to
             lick
             himself
             whole
             ;
             the
             later
             gave
             him
             a
             salve
             ,
             and
             yet
             it
             proved
             a
             Gangrene
             in
             the
             conclusion
             .
          
           
             The
             second
             means
             used
             to
             bring
             down
             the
             power
             of
             the
             Pope
             in
             this
             Nation
             ,
             was
             to
             abate
             the
             power
             or
             height
             of
             the
             English
             Clergie
             .
             For
             though
             the
             times
             were
             not
             so
             clear
             as
             to
             espy
             the
             root
             of
             a
             Pope
             in
             Prelacy
             ,
             yet
             experience
             had
             taught
             them
             that
             they
             were
             so
             nigh
             engaged
             that
             they
             would
             not
             part
             .
             And
             therefore
             ,
             first
             ,
             they
             let
             these
             men
             know
             that
             Prelacy
             was
             no
             
               essential
               Member
               to
               the
               Government
               of
               the
               Kingdom
            
             ;
             but
             as
             there
             was
             a
             Government
             established
             before
             that
             rank
             was
             known
             ,
             so
             there
             may
             be
             the
             like
             when
             it
             is
             gone
             :
             For
             Edward
             the
             Third
             being
             troubled
             with
             a
             quarrel
             between
             the
             two
             Archbishops
             of
             Canterbury
             and
             York
             ,
             concerning
             Superiority
             in
             bearing
             the
             Cross
             ,
             and
             the
             important
             affairs
             of
             Scotland
             so
             urging
             ,
             summoned
             a
             Parliament
             at
             York
             ,
             which
             was
             fain
             to
             be
             delayed
             and
             adjourned
             for
             want
             of
             appearance
             ,
             and
             more
             effectual
             Summons
             issued
             forth
             .
             But
             at
             the
             day
             of
             adjournment
             none
             of
             the
             Clergy
             of
             the
             Province
             of
             Canterbury
             would
             be
             there
             ;
             and
             upon
             this
             occasion
             the
             Parliament
             was
             not
             onely
             interrupted
             in
             their
             proceedings
             ,
             but
             an
             ill
             Precedent
             was
             made
             ,
             for
             men
             to
             be
             bold
             with
             the
             King's
             Summons
             ,
             
             in
             such
             Cases
             as
             liked
             not
             them
             ;
             and
             thereupon
             a
             Statute
             was
             made
             to
             enforce
             Obedience
             upon
             Citizens
             and
             Burgesses
             ,
             
             and
             such
             Ecclesiasticks
             as
             held
             
               per
               Baroniam
            
             .
             Nevertheless
             ,
             when
             the
             matters
             concerning
             provisors
             began
             to
             come
             upon
             the
             Stage
             ,
             which
             was
             within
             two
             years
             after
             that
             Law
             was
             made
             ,
             the
             Clergy
             found
             that
             matter
             too
             warm
             for
             them
             ,
             and
             either
             did
             not
             obey
             the
             Summons
             ,
             or
             come
             to
             the
             Parliament
             ;
             or
             if
             they
             came
             ,
             kept
             aloof
             ;
             or
             if
             not
             so
             ,
             would
             not
             Vote
             ;
             or
             if
             that
             ,
             yet
             order
             their
             Tongues
             so
             ,
             as
             nothing
             was
             certainly
             to
             be
             gathered
             ,
             but
             their
             doubtful
             or
             rather
             double
             mind
             .
             These
             Prelates
             thus
             discovered
             ,
             the
             Parliament
             depended
             no
             more
             upon
             them
             ,
             further
             than
             they
             saw
             meet
             .
             At
             six
             or
             seven
             Parliaments
             
               determined
               matters
               without
               their
               Advice
            
             ;
             and
             such
             matters
             as
             crossed
             the
             principles
             of
             these
             men
             ,
             and
             therefore
             in
             a
             rational
             way
             might
             require
             their
             Sence
             above
             all
             the
             rest
             ,
             had
             they
             not
             been
             prepossessed
             with
             prejudice
             ,
             and
             been
             parties
             in
             the
             matter
             .
             Nor
             did
             Edward
             the
             Third
             ever
             after
             hold
             their
             presence
             at
             so
             high
             Repute
             at
             such
             Meetings
             ;
             and
             therefore
             summoned
             them
             ,
             or
             so
             many
             of
             them
             ,
             as
             he
             thought
             meet
             for
             the
             occasion
             ,
             sometimes
             more
             ,
             sometimes
             fewer
             ;
             and
             at
             a
             Parliament
             in
             his
             forty
             and
             seventh
             year
             ,
             he
             summoned
             only
             four
             Bishops
             ,
             and
             five
             Abbots
             .
             And
             thus
             the
             matter
             in
             fact
             passed
             in
             these
             times
             ,
             albeit
             the
             Clergie
             still
             made
             their
             claim
             of
             Vote
             ,
             and
             desired
             the
             same
             to
             be
             entred
             upon
             Record
             .
          
           
             
               And
               thus
               the
               Parliament
               of
            
             England
             
               tells
               all
               the
               world
            
             ,
             
             
               that
               they
               hold
               themselves
               compleat
               without
               the
               Clergie
               ,
               and
               to
               all
               intents
               and
               purposes
               sufficient
               to
               conclude
               matters
               concerning
               the
               Church
               ,
               without
               their
               Concurrence
               .
            
             Thus
             began
             the
             Mewing
             time
             of
             Prelacy
             ,
             and
             the
             principal
             Feather
             of
             their
             wings
             to
             fall
             away
             ,
             having
             now
             flourished
             in
             England
             nigh
             eight
             hundred
             years
             .
             And
             had
             future
             Ages
             pursued
             the
             flight
             as
             it
             was
             begun
             ,
             these
             Lordings
             might
             have
             beaten
             the
             air
             ,
             without
             making
             any
             speedy
             way
             ,
             or
             great
             work
             ,
             saving
             the
             noise
             .
          
           
             A
             third
             step
             yet
             was
             made
             further
             ,
             in
             order
             to
             the
             reducing
             of
             the
             power
             of
             the
             Popedom
             in
             England
             ,
             but
             which
             stumbled
             most
             immediately
             upon
             the
             greatness
             of
             the
             Prelates
             .
             For
             it
             was
             the
             condition
             of
             the
             Spiritual
             powers
             ,
             besides
             their
             height
             of
             Calling
             ,
             to
             be
             set
             in
             high
             places
             ,
             so
             as
             their
             Title
             was
             from
             Heaven
             ;
             but
             their
             Possessions
             were
             from
             Men
             ,
             whereby
             they
             gained
             Lordship
             ,
             Authority
             ,
             and
             power
             ,
             by
             way
             of
             Appendix
             to
             their
             Spiritual
             Dignities
             .
             This
             addition
             however
             it
             might
             please
             them
             ,
             yet
             for
             a
             long
             time
             before
             now
             ,
             it
             had
             been
             occasion
             of
             such
             murmure
             and
             grudge
             in
             the
             Commons
             against
             the
             Clergie
             ,
             as
             though
             it
             advanced
             the
             Clergie
             for
             the
             present
             ,
             yet
             it
             treasured
             up
             a
             back-reckoning
             for
             these
             men
             ,
             and
             made
             them
             liable
             to
             the
             displeasure
             of
             the
             Laity
             ,
             by
             seizure
             of
             their
             great
             places
             :
             whenas
             otherwise
             their
             Ecclesiastical
             Dignities
             had
             been
             beyond
             their
             reach
             And
             of
             this
             ,
             these
             times
             begin
             now
             to
             speak
             louder
             than
             ever
             ,
             
             not
             only
             by
             complaints
             made
             in
             Parliament
             by
             the
             people
             ,
             but
             also
             by
             the
             Lords
             and
             Commons
             in
             Parliament
             to
             the
             King
             ,
             
               That
               the
               Kingdom
               had
               been
               now
               long
               ,
               and
               too
               long
               governed
               by
               the
               Clergie
               ,
               to
               the
               disherison
               of
               the
               Crown
               ;
               and
               therefore
               prayed
               ,
               that
               the
               principal
               Offices
               of
               the
               Kingdom
               might
               henceforth
               be
               executed
               by
               the
               Laity
               .
            
             And
             thus
             the
             stir
             arose
             between
             the
             Lords
             Temporal
             and
             Spiritual
             ,
             each
             prevailing
             or
             losing
             ground
             ,
             as
             they
             had
             occasion
             to
             lay
             the
             way
             open
             for
             them
             .
             The
             Duke
             of
             Lancaster
             being
             still
             upon
             the
             upper
             ground
             ,
             that
             as
             little
             regarded
             the
             Popes
             Curse
             ,
             as
             the
             Clergie
             loved
             him
             .
          
           
           
             But
             the
             worst
             ,
             or
             rather
             the
             best
             ,
             is
             yet
             behind
             :
             outward
             power
             ,
             and
             Honourable
             places
             ,
             are
             but
             under-setters
             ,
             or
             props
             to
             this
             Gourd
             of
             Prelacy
             ,
             that
             might
             prove
             no
             less
             prejudicial
             by
             creeping
             upon
             the
             ground
             ,
             than
             by
             perking
             upward
             .
             For
             so
             long
             as
             Errour
             abideth
             in
             the
             Commons
             ,
             Truth
             can
             have
             little
             security
             amongst
             Princes
             ;
             although
             it
             cannot
             be
             denyed
             ,
             but
             it
             is
             a
             good
             sign
             of
             a
             clear
             morning
             ,
             when
             the
             Sun-rising
             gloryeth
             upon
             the
             top
             of
             the
             Mountains
             .
             God
             gives
             Commission
             therefore
             to
             a
             Worm
             ,
             to
             smite
             this
             Gourd
             in
             the
             Root
             ;
             and
             so
             at
             once
             both
             Prelate
             and
             Pope
             do
             wither
             by
             undermining
             .
             This
             was
             Wickliff
             ,
             that
             had
             the
             double
             honour
             of
             Learning
             in
             Humane
             and
             
               Divine
               Mysteries
            
             .
             The
             latter
             of
             which
             had
             for
             many
             years
             passed
             obscurely
             ,
             as
             it
             were
             in
             a
             twilight
             amongst
             the
             meaner
             sort
             ,
             who
             had
             no
             Endowments
             to
             hold
             it
             forth
             amongst
             the
             throng
             of
             Learned
             or
             great
             men
             of
             the
             world
             .
          
           
             And
             though
             the
             news
             thereof
             did
             sound
             much
             of
             Holiness
             and
             Devotion
             ,
             Themes
             unmeet
             to
             be
             propounded
             to
             an
             Age
             scarce
             civilized
             :
             yet
             because
             divers
             of
             them
             were
             more
             immediately
             reflecting
             upon
             the
             policy
             of
             the
             Church
             ,
             wherein
             all
             the
             greater
             sort
             of
             the
             Church-men
             were
             much
             concerned
             ,
             but
             the
             Pope
             above
             all
             the
             rest
             ;
             the
             access
             of
             all
             ,
             the
             matter
             was
             made
             thereby
             more
             easie
             to
             the
             consideration
             of
             the
             great
             Lords
             and
             Princes
             in
             the
             Kingdom
             ,
             who
             out
             of
             principles
             of
             State
             ,
             were
             more
             deeply
             engaged
             against
             the
             Pope
             ,
             than
             others
             of
             their
             Rank
             formerly
             had
             been
             .
             Duke
             John
             of
             Gant
             led
             the
             way
             in
             this
             Act
             ,
             and
             had
             a
             party
             amongst
             the
             Nobility
             ,
             that
             had
             never
             read
             the
             Canon-Law
             .
          
           
             These
             held
             forth
             Wickliff
             and
             his
             Learning
             to
             the
             world
             ;
             and
             Edward
             the
             Third
             himself
             favoured
             it
             well
             enough
             ,
             but
             in
             his
             old
             Age
             desiting
             his
             ease
             ,
             was
             contented
             to
             look
             on
             ,
             whilst
             his
             Lords
             Temporal
             and
             Spiritual
             played
             their
             prize
             ;
             yet
             giving
             his
             plaudite
             rather
             to
             his
             Son
             ,
             than
             his
             Spiritual
             Fathers
             ,
             as
             if
             led
             by
             principles
             of
             Nature
             ,
             rather
             than
             Religion
             .
             This
             was
             the
             blossoming
             part
             of
             the
             Wickliffists
             ;
             but
             the
             principal
             strength
             was
             from
             beneath
             ,
             where
             the
             roots
             spread
             and
             fastned
             exceedingly
             ,
             especially
             in
             the
             South
             and
             Eastern
             parts
             of
             this
             Kingdom
             .
             
               To
               tell
               of
               the
               Vsurpations
               of
               the
               Clergie
               ,
               the
               Idolatry
               of
               their
               costly
               Worship
               ,
               the
               vanity
               of
               their
               Curses
               ,
               &c.
            
             was
             exceeding
             welcome
             news
             to
             an
             oppressed
             multitude
             ;
             especially
             where
             these
             things
             were
             rightly
             understood
             .
             The
             issue
             soon
             manifested
             it self
             to
             the
             world
             ;
             no
             Parliament
             passed
             without
             reflections
             at
             
               Prelates
               ,
               Rome
            
             ,
             or
             some
             such
             thing
             ;
             and
             not
             only
             the
             persons
             and
             practices
             of
             these
             men
             ,
             but
             even
             their
             Laws
             and
             Canons
             were
             begun
             to
             be
             had
             in
             contempt
             ,
             
             and
             their
             Missives
             slighted
             .
             And
             thus
             these
             men
             pretending
             patronage
             ,
             both
             from
             Right
             drawn
             from
             Heaven
             ,
             and
             derived
             from
             men
             ,
             fail
             in
             their
             Evidence
             ,
             unless
             the
             people
             do
             still
             believe
             more
             than
             they
             are
             able
             to
             understand
             .
          
           
             No
             marvel
             if
             Rome
             be
             now
             rowzed
             ,
             and
             that
             sort
             of
             men
             that
             formerly
             were
             Wolves
             in
             Sheeps
             cloathing
             ,
             become
             now
             red
             and
             fiery
             Dragons
             ,
             taking
             up
             a
             new
             course
             of
             establishing
             their
             power
             by
             persecution
             .
             This
             was
             a
             way
             of
             power
             indeed
             ;
             but
             it
             is
             a
             touchy
             thing
             to
             have
             to
             do
             with
             fire
             ,
             lest
             it
             gets
             too
             high
             .
             It
             is
             therefore
             holden
             a
             point
             of
             discretion
             by
             the
             Prelates
             ,
             not
             to
             meddle
             with
             the
             Lords
             or
             the
             common
             people
             ;
             the
             former
             were
             too
             great
             ,
             the
             latter
             too
             many
             ;
             the
             one
             sort
             would
             not
             hear
             ,
             the
             other
             would
             not
             understand
             :
             the
             Teachers
             therefore
             being
             the
             Velites
             ,
             at
             them
             they
             give
             fire
             .
             Wickliff
             their
             Leader
             comes
             on
             bravely
             ,
             and
             notwithstanding
             they
             all
             made
             at
             him
             ,
             he
             routs
             them
             ,
             and
             in
             despite
             of
             them
             all
             comes
             off
             fairly
             ,
             
             and
             dies
             in
             his
             bed
             by
             the
             course
             of
             nature
             .
             Then
             an
             Ordinance
             is
             levelled
             at
             the
             rest
             of
             the
             Teachers
             :
             this
             was
             made
             of
             an
             old
             Canon
             ,
             the
             nature
             whereof
             was
             to
             this
             purpose
             .
          
           
           
             That
             upon
             complaint
             of
             the
             Bishop
             ,
             
             the
             King's
             Writ
             shall
             be
             granted
             to
             apprehend
             Preachers
             of
             Heresies
             ,
             Errours
             ,
             and
             matters
             of
             Slander
             ,
             tending
             to
             Discord
             and
             Dissention
             between
             the
             States
             of
             this
             Realm
             ,
             with
             their
             Factors
             and
             Abettors
             ;
             and
             to
             imprison
             them
             till
             they
             be
             acquitted
             according
             to
             the
             Law
             of
             the
             Church
             .
          
           
             This
             Law
             (
             for
             such
             it
             yet
             appears
             )
             gives
             occasion
             to
             consider
             of
             these
             particulars
             ,
             
               viz.
               The
               Crime
               ,
               the
               Delinquents
               ,
               the
               manner
               of
               Inquisition
               ,
               and
               the
               Penalty
               .
            
             For
             the
             first
             ,
             (
             not
             to
             trouble
             my
             way
             with
             Debate
             about
             the
             right
             of
             liberty
             of
             preaching
             )
             the
             matter
             in
             fact
             was
             ,
             that
             men
             did
             publickly
             Preach
             without
             Authority
             ,
             matters
             of
             Theology
             ,
             tending
             (
             as
             it
             is
             said
             )
             to
             
               sow
               discord
               and
               discention
            
             ;
             so
             as
             they
             are
             under
             consideration
             and
             censure
             of
             the
             Church-men
             and
             Canon-Law
             ,
             in
             one
             regard
             ;
             and
             of
             the
             Laws
             of
             the
             Kingdom
             and
             Civil
             Magistrate
             as
             disturbers
             of
             the
             peace
             ,
             on
             the
             other
             side
             .
             And
             thus
             the
             Subjects
             Liberty
             is
             cast
             into
             a
             mysterious
             ,
             cloudy
             ,
             and
             doubtful
             posture
             ,
             by
             matters
             of
             Opinion
             .
          
           
             Secondly
             ,
             the
             persons
             Delinquent
             are
             also
             left
             to
             an
             indefinite
             Construction
             ;
             for
             they
             are
             not
             only
             Preachers
             in
             publick
             ,
             which
             might
             be
             an
             Order
             of
             Men
             within
             the
             Church-cognizance
             ,
             as
             things
             then
             stood
             ,
             in
             regard
             it
             was
             permitted
             to
             the
             Church
             to
             Authorize
             men
             to
             Preach
             ;
             but
             also
             their
             Factors
             and
             Abettors
             ,
             words
             that
             might
             comprehend
             any
             other
             person
             whatsoever
             ,
             according
             to
             the
             passion
             or
             discretion
             of
             the
             Church-men
             .
          
           
             Thirdly
             ,
             the
             manner
             of
             this
             Inquisition
             must
             be
             
               according
               to
               the
               Canon
            
             ,
             and
             then
             the
             people
             are
             at
             the
             Church
             mens
             mercy
             ,
             to
             return
             complaints
             against
             whom
             they
             please
             ,
             upon
             such
             grounds
             as
             they
             shall
             think
             meet
             .
             The
             persons
             that
             must
             make
             this
             Inquisition
             by
             this
             Law
             ,
             are
             the
             Ordinaries
             ,
             or
             any
             one
             of
             them
             ;
             and
             for
             ought
             appears
             ,
             the
             same
             might
             be
             done
             
               by
               Pope
               ,
               Council
               General
               ,
               National
               ,
               Provincial
               ,
               Diocesan
               ,
               or
               their
               Delegates
               ,
               according
               to
               the
               Canon
               :
            
             although
             the
             last
             precedent
             that
             I
             met
             with
             ,
             was
             executed
             by
             a
             
               Grand
               Council
            
             of
             Lords
             and
             Prelates
             ,
             in
             the
             time
             of
             Henry
             the
             Second
             .
             But
             now
             the
             Clergie
             finding
             the
             Laity
             began
             to
             swell
             against
             the
             Canon
             ,
             they
             thought
             it
             high
             time
             to
             get
             the
             
               Civil
               Sword
            
             to
             joyn
             in
             the
             work
             ,
             to
             be
             as
             their
             Hands
             to
             apprehend
             ,
             and
             Goalers
             to
             hold
             in
             custody
             ,
             such
             as
             they
             should
             complain
             of
             ,
             without
             any
             other
             Legal
             Conviction
             .
             Although
             hereby
             they
             not
             only
             disclaimed
             the
             exercising
             of
             their
             own
             power
             of
             Imprisoning
             ,
             which
             they
             by
             the
             Canon
             formerly
             claimed
             to
             have
             in
             such
             cases
             ,
             but
             also
             acknowledged
             to
             receive
             their
             power
             Judicatory
             in
             such
             cases
             from
             the
             Parliament
             .
          
           
             Thus
             was
             this
             Ordinance
             levelled
             ,
             as
             I
             said
             ,
             but
             the
             shot
             fell
             short
             ;
             for
             this
             Law
             attained
             no
             further
             perfection
             than
             a
             meer
             shape
             ,
             and
             was
             complained
             of
             by
             the
             Parliament
             ,
             within
             few
             months
             after
             its
             first
             noise
             ;
             
             
               That
               it
               was
               made
               and
               published
               without
               the
               Commons
               consent
               or
               knowledge
               ,
               and
               that
               the
               nature
               thereof
               was
               directly
               contrary
               to
               the
               Liberties
               of
               the
               people
               ,
               and
               therefore
               they
               prayed
               that
               it
               might
               be
               repealed
            
             ;
             and
             the
             same
             was
             done
             accordingly
             ;
             although
             the
             times
             have
             been
             such
             as
             would
             not
             suffer
             the
             same
             to
             come
             into
             the
             publick
             Book
             of
             Statutes
             in
             print
             .
             But
             whether
             Statute
             ,
             or
             no
             Statute
             ,
             they
             tell
             the
             King
             plainly
             ,
             
               That
               they
               will
               not
               further
               be
               bound
               or
               justified
               by
               the
               Prelates
               ,
               than
               they
               or
               their
               Ancestors
               were
               
               anciently
               used
               to
               be
            
             ;
             and
             besides
             that
             ,
             they
             thought
             somewhat
             more
             ,
             which
             they
             laid
             up
             against
             future
             times
             ;
             nor
             was
             it
             long
             ere
             they
             discovered
             it
             .
             For
             a
             Subsidy
             being
             offered
             to
             the
             King
             by
             the
             Laity
             ,
             under
             a
             
               Proviso
               ,
               That
               the
               Clergie
               would
               grant
               a
               Tenth
            
             ;
             the
             Clergie
             took
             this
             Articulating
             of
             the
             Commons
             in
             snuff
             ,
             and
             protested
             that
             the
             Laity
             should
             not
             charge
             them
             .
             The
             Commons
             hereat
             begin
             to
             bid
             battle
             to
             the
             Temporalties
             of
             the
             Clergie
             ,
             and
             had
             not
             the
             King
             been
             a
             fast
             Friend
             in
             good
             earnest
             unto
             the
             Clergie
             ,
             the
             Laity
             had
             won
             the
             Field
             .
             Thus
             were
             these
             times
             like
             the
             motion
             of
             the
             Ballance
             unto
             the
             Church-men
             ,
             sometimes
             up
             ,
             sometimes
             down
             ;
             getting
             somewhat
             which
             they
             formerly
             had
             not
             ;
             with
             less
             assurance
             in
             what
             they
             had
             .
          
        
         
           
             CHAP.
             VII
             .
             Concerning
             Trade
             .
          
           
             KINGS
             hitherto
             had
             lived
             upon
             the
             main
             stock
             ,
             improving
             the
             same
             to
             the
             utmost
             penny
             ;
             few
             of
             them
             laid
             up
             for
             the
             future
             ,
             much
             less
             endeavoured
             to
             advance
             the
             principal
             for
             their
             Successors
             .
          
           
             There
             had
             now
             been
             Ten
             Kings
             of
             this
             Nation
             since
             the
             Conquest
             ,
             all
             of
             them
             spending
             what
             they
             had
             ,
             or
             could
             get
             from
             the
             people
             ,
             in
             the
             maintenance
             of
             their
             Patrimony
             ,
             or
             their
             own
             Lusts
             ;
             if
             any
             over-plus
             was
             either
             gained
             by
             ,
             or
             saved
             from
             the
             game
             ,
             their
             Executors
             might
             be
             the
             better
             for
             it
             ,
             their
             Heirs
             were
             not
             .
             But
             Edward
             the
             Third
             had
             a
             new
             game
             to
             play
             ,
             he
             must
             gain
             his
             right
             by
             his
             Sword
             ,
             or
             he
             must
             lose
             it
             :
             his
             Spirit
             was
             too
             big
             to
             sit
             still
             and
             bear
             blows
             ;
             and
             yet
             pre-advising
             himself
             about
             the
             poverty
             of
             the
             people
             ,
             and
             that
             their
             patience
             would
             be
             spent
             soon
             after
             their
             supplies
             ,
             if
             they
             continually
             saw
             much
             going
             out
             ,
             and
             nothing
             coming
             in
             ;
             he
             had
             a
             rule
             upon
             his
             private
             expences
             ,
             a
             good
             gloss
             upon
             the
             publick
             ,
             and
             a
             platform
             for
             the
             augmenting
             of
             the
             Treasure
             of
             the
             Kingdom
             ,
             as
             well
             for
             the
             benefit
             of
             the
             people
             as
             of
             the
             Crown
             .
             In
             order
             to
             the
             first
             ,
             it
             is
             considerable
             ,
             that
             the
             Royal
             Family
             was
             great
             and
             numerous
             above
             all
             his
             Predecessors
             ;
             that
             besides
             the
             King
             and
             Queen
             ,
             who
             were
             of
             a
             gallant
             and
             accomplisht
             deportment
             ,
             they
             had
             a
             Son
             ,
             a
             Prince
             of
             as
             great
             renown
             as
             ever
             Prince
             had
             ,
             and
             he
             also
             a
             Family
             suitable
             to
             his
             generosity
             ;
             that
             they
             had
             other
             Children
             ,
             every
             one
             like
             their
             Father
             both
             for
             War
             and
             Peace
             ;
             and
             that
             for
             the
             maintenance
             of
             all
             these
             ,
             the
             expences
             must
             be
             in
             reason
             larger
             than
             formerly
             they
             were
             wont
             to
             be
             .
             Nevertheless
             ,
             because
             purveyance
             for
             the
             King
             had
             already
             swelled
             so
             big
             ,
             that
             all
             other
             oppressions
             seemed
             to
             be
             swallowed
             up
             into
             that
             one
             ,
             
             the
             King
             to
             moderate
             the
             rigor
             thereof
             made
             nigh
             twenty
             Statutes
             ,
             first
             excluding
             all
             servants
             at
             wages
             ,
             and
             Horses
             and
             Dogs
             which
             were
             put
             to
             board
             with
             the
             Sheriffs
             ;
             then
             reducing
             the
             purveyance
             only
             to
             the
             Families
             of
             himself
             ,
             his
             Wife
             and
             Children
             ,
             then
             to
             the
             Families
             of
             himself
             ,
             the
             Queen
             ,
             and
             Prince
             ;
             and
             in
             the
             levy
             hereof
             ,
             some
             mens
             Estates
             were
             absolutely
             priviledged
             ,
             
             and
             some
             kind
             of
             Goods
             ,
             as
             Sheep
             before
             shearing
             ,
             and
             Trees
             about
             the
             dwelling
             house
             .
             Nor
             is
             the
             setling
             of
             the
             manner
             less
             considerable
             .
             It
             must
             be
             levyed
             by
             Authority
             in
             writing
             under
             the
             Seal
             ;
             and
             it
             must
             not
             be
             taken
             against
             the
             owners
             will
             ,
             
             or
             upon
             malice
             ;
             nor
             must
             be
             spared
             for
             reward
             ;
             the
             price
             must
             be
             the
             same
             with
             the
             true
             Market-price
             ,
             the
             measure
             according
             to
             the
             common
             measure
             stricked
             ,
             and
             
             the
             payment
             must
             be
             immediately
             ,
             if
             the
             price
             be
             under
             Twenty
             shillings
             ;
             if
             above
             ,
             it
             must
             be
             made
             in
             a
             quarter
             of
             a
             year
             ;
             and
             no
             man
             must
             charge
             more
             carriage
             than
             is
             necessary
             .
             
             And
             thus
             was
             this
             wild
             Ivy
             of
             Purveyance
             ,
             that
             like
             some
             kinds
             of
             Plants
             spreads
             over
             all
             ,
             by
             rooting
             up
             and
             cutting
             down
             ,
             brought
             into
             some
             kind
             of
             fashion
             ;
             that
             if
             it
             did
             no
             good
             ,
             it
             might
             do
             the
             less
             hurt
             unto
             the
             people
             .
          
           
             Secondly
             ,
             Although
             it
             be
             true
             that
             Edward
             the
             Third
             was
             a
             King
             of
             many
             Taxes
             above
             all
             his
             Predecessors
             ,
             yet
             cannot
             this
             be
             imputed
             as
             a
             blot
             to
             the
             honour
             of
             the
             Law
             ,
             or
             Liberty
             of
             the
             people
             ;
             for
             the
             King
             was
             not
             so
             unwise
             ,
             as
             either
             to
             desire
             it
             without
             evident
             cause
             ,
             or
             to
             spend
             it
             in
             secret
             ,
             or
             upon
             his
             own
             private
             interests
             ;
             nor
             so
             weak
             and
             irresolved
             ,
             as
             not
             to
             employ
             himself
             and
             his
             Souldiers
             to
             the
             utmost
             to
             bring
             to
             pass
             his
             pretentions
             ;
             nor
             so
             unhappy
             ,
             as
             to
             fail
             of
             the
             desirable
             issue
             of
             what
             he
             took
             in
             hand
             .
             So
             as
             though
             the
             people
             parted
             with
             much
             money
             ,
             yet
             the
             Kingdom
             gained
             much
             honour
             and
             renown
             ,
             and
             becoming
             a
             terrour
             to
             their
             Neighbours
             ,
             enjoyed
             what
             they
             had
             in
             fuller
             security
             ,
             and
             so
             were
             no
             loosers
             by
             the
             bargain
             in
             the
             conclusion
             .
             Secondly
             ,
             although
             they
             parted
             with
             much
             ,
             yet
             nothing
             to
             Prerogative
             ,
             but
             in
             a
             Parliamentary
             way
             ;
             and
             so
             it
             was
             not
             taken
             ,
             but
             given
             .
             Thirdly
             ,
             though
             the
             Taxes
             were
             frequent
             ,
             yet
             but
             light
             :
             for
             frequent
             light
             Taxes
             steal
             insensibly
             without
             regret
             ;
             and
             as
             they
             grow
             into
             matters
             of
             course
             ,
             so
             they
             meet
             with
             acceptance
             of
             course
             .
             Two
             things
             made
             them
             of
             light
             account
             .
             First
             ,
             they
             were
             not
             Taxes
             altogether
             of
             Money
             in
             kind
             ,
             but
             of
             Goods
             ,
             such
             as
             the
             Sheaf
             and
             Fleece
             ,
             and
             such-like
             things
             ,
             whereof
             the
             ownership
             is
             visible
             ;
             
             whereas
             many
             are
             supposed
             to
             have
             Money
             which
             have
             it
             not
             ,
             but
             must
             borrow
             it
             ,
             or
             sell
             their
             goods
             at
             an
             under-rate
             many
             times
             to
             accomplish
             it
             for
             the
             payment
             of
             their
             Taxes
             .
             Secondly
             ,
             these
             Taxes
             are
             assessed
             by
             the
             Neighbourhood
             ,
             and
             not
             upon
             extremity
             of
             Survey
             by
             Commissioners
             ,
             who
             many
             times
             are
             subject
             to
             miscarry
             upon
             grounds
             of
             private
             Interest
             ,
             or
             for
             want
             of
             due
             information
             ,
             or
             by
             making
             more
             haste
             than
             good
             speed
             .
          
           
             These
             Taxes
             likewise
             were
             reduced
             to
             the
             ancient
             rule
             ,
             according
             to
             the
             Statute
             of
             Westminster
             the
             first
             .
             And
             thus
             did
             this
             King
             shew
             himself
             
               truly
               Royal
               in
               demanding
               his
               Taxes
               upon
               evident
               grounds
               of
               State
               ,
            
             
             
               levying
               them
               with
               a
               tender
               hand
               ,
               and
               employing
               them
               to
               their
               right
               end
               .
            
          
           
             Thirdly
             ,
             that
             which
             digested
             all
             ,
             and
             bred
             good
             bloud
             ,
             was
             ,
             in
             that
             the
             people
             had
             
               quid
               pro
               quo
               ,
               by
               the
               advance
               of
               Trade
               ,
            
             wherein
             the
             King
             shewed
             himself
             the
             Cape-Merchant
             of
             the
             world
             .
             Certainly
             ,
             mens
             parts
             in
             these
             times
             were
             of
             vast
             reach
             ,
             that
             could
             manage
             such
             Wars
             ,
             settle
             such
             a
             Government
             ,
             and
             lay
             such
             a
             foundation
             of
             a
             Treasury
             by
             Trade
             ;
             a
             thing
             necessary
             to
             this
             Island
             ,
             next
             unto
             its
             own
             being
             ,
             as
             may
             appear
             ,
             not
             only
             in
             regard
             of
             the
             Riches
             of
             this
             Nation
             ,
             but
             in
             regard
             of
             the
             Strength
             thereof
             ,
             and
             in
             regard
             of
             the
             maintenance
             of
             the
             Crown
             ;
             the
             two
             latter
             of
             which
             being
             no
             other
             than
             a
             natural
             effluence
             of
             the
             former
             ,
             it
             will
             be
             sufficient
             to
             touch
             the
             same
             in
             order
             to
             the
             thing
             in
             hand
             .
             Now
             as
             touching
             that
             ,
             it
             is
             evident
             that
             the
             riches
             of
             any
             Nation
             are
             supported
             by
             the
             Conjuncture
             of
             three
             regards
             .
          
           
             First
             ,
             That
             the
             natural
             Commodities
             of
             the
             Nation
             may
             be
             improved
             .
          
           
             Secondly
             ,
             That
             the
             poorer
             sort
             of
             people
             be
             set
             a
             work
             .
          
           
             Thirdly
             ,
             That
             the
             value
             of
             money
             be
             rightly
             balanced
             .
          
           
             For
             as
             on
             the
             one
             part
             ,
             though
             the
             people
             be
             never
             so
             laborious
             ,
             if
             the
             natural
             Commodities
             of
             the
             Island
             be
             not
             improved
             by
             their
             labour
             ,
             the
             
             people
             can
             never
             grow
             much
             richer
             ,
             than
             barely
             for
             subsistence
             during
             their
             labour
             ;
             so
             neither
             can
             the
             improvement
             of
             the
             natural
             Commodity
             inrich
             the
             Kingdom
             ,
             so
             long
             as
             many
             mouths
             are
             fed
             upon
             the
             main
             stock
             ,
             and
             waste
             the
             same
             by
             idleness
             and
             prodigality
             .
             Nor
             though
             both
             these
             should
             concur
             ,
             yet
             cannot
             the
             Kingdom
             be
             said
             truely
             to
             be
             rich
             ,
             unless
             by
             intercourse
             and
             Traffick
             there
             be
             an
             emptying
             out
             of
             the
             superfluity
             of
             such
             Commodities
             by
             way
             of
             Barter
             ,
             or
             otherwise
             ,
             for
             such
             Forein
             Commodities
             whereof
             this
             Nation
             slandeth
             in
             most
             need
             for
             supply
             of
             all
             occasions
             .
             For
             God
             hath
             so
             attempered
             the
             whole
             Regiment
             of
             the
             earth
             ,
             in
             such
             manner
             ,
             that
             no
             one
             Nation
             under
             Heaven
             can
             well
             and
             comfortably
             subsist
             in
             and
             by
             it self
             ,
             but
             all
             must
             give
             and
             receive
             mutual
             Commodity
             from
             each
             other
             :
             otherwise
             superfluity
             would
             make
             any
             Commodity
             (
             though
             in
             it self
             never
             so
             precious
             )
             vile
             ;
             and
             little
             conducible
             to
             the
             inriching
             of
             the
             Nation
             .
          
           
             Now
             for
             the
             compassing
             of
             all
             these
             ,
             the
             Wise
             men
             of
             these
             times
             first
             took
             into
             their
             consideration
             the
             principal
             Commodities
             of
             this
             Kingdom
             ;
             and
             because
             they
             found
             them
             impounded
             in
             the
             Staple
             ,
             they
             set
             all
             at
             liberty
             to
             buy
             and
             sell
             the
             same
             as
             they
             pleased
             .
             
             And
             thus
             began
             a
             
               Free
               Trade
            
             of
             Wool
             throughout
             the
             Realm
             ,
             and
             matter
             for
             employment
             by
             every
             man
             that
             would
             :
             but
             this
             continued
             not
             long
             .
             The
             people
             soon
             had
             Commodity
             enough
             for
             work
             ;
             and
             Kings
             liked
             too
             well
             of
             the
             restraining
             of
             that
             liberty
             in
             order
             to
             their
             own
             benefit
             ;
             and
             soon
             found
             out
             occasions
             to
             reconcile
             the
             reason
             of
             State
             with
             their
             own
             Interests
             ,
             and
             at
             length
             setled
             the
             Staple
             in
             certain
             places
             in
             several
             parts
             of
             the
             Kingdom
             .
             
             But
             this
             extended
             onely
             unto
             the
             Commodities
             of
             
               Wool
               ,
               Leather
            
             ,
             and
             Lead
             ;
             for
             as
             yet
             the
             Manufactures
             were
             not
             come
             to
             maturity
             .
          
           
             Secondly
             ,
             the
             endeavour
             was
             to
             advance
             Manufacture
             ,
             and
             principally
             such
             of
             them
             as
             are
             made
             of
             the
             Staple
             Commodities
             ,
             amongst
             all
             which
             Wool
             had
             the
             precedency
             ,
             as
             being
             the
             most
             principal
             and
             ancient
             Commodity
             of
             the
             Kingdom
             ;
             and
             the
             Manufacture
             of
             Wool
             of
             long
             use
             ,
             but
             had
             received
             little
             encouragement
             before
             these
             times
             ,
             for
             that
             it
             formerly
             had
             been
             the
             principal
             flower
             in
             the
             Flemish
             Garden
             ,
             and
             nourished
             from
             this
             Nation
             ,
             by
             the
             continual
             supply
             of
             Wool
             that
             it
             received
             from
             hence
             ,
             which
             was
             the
             principal
             cause
             of
             the
             ancient
             League
             between
             the
             House
             of
             Burgundy
             and
             this
             Crown
             .
             But
             Edward
             the
             Third
             was
             now
             too
             well
             acquainted
             with
             the
             Flemings
             affairs
             ,
             by
             a
             joynt
             engagement
             with
             them
             in
             the
             Wars
             of
             France
             ;
             and
             therein
             had
             gained
             so
             good
             an
             opinion
             amongst
             them
             ,
             that
             he
             might
             adventure
             to
             change
             a
             Complement
             for
             a
             Courtesie
             .
             The
             Staples
             beyond
             the
             Sea
             were
             now
             taken
             away
             ,
             he
             now
             inhibiteth
             the
             Importation
             of
             forein
             Cloaths
             ;
             
             and
             having
             gained
             these
             two
             steps
             onward
             of
             his
             way
             ,
             he
             represents
             to
             the
             Flemings
             their
             unsetled
             condition
             by
             these
             bordering
             Wars
             with
             France
             ,
             the
             peaceable
             condition
             of
             England
             ,
             and
             Freedom
             of
             the
             people
             ;
             then
             propounds
             to
             them
             an
             invitation
             to
             come
             over
             into
             England
             ,
             promiseth
             them
             share
             and
             share
             like
             with
             his
             own
             people
             ,
             with
             such
             other
             Immunities
             ,
             as
             they
             take
             his
             offer
             ,
             come
             over
             ,
             and
             brought
             their
             Manufacture
             with
             them
             ,
             which
             could
             never
             after
             be
             recalled
             .
             So
             as
             now
             the
             Wool
             and
             Manufacture
             dwell
             together
             ;
             and
             ,
             like
             to
             Man
             and
             Wife
             ,
             so
             long
             as
             they
             care
             for
             one
             another
             ,
             both
             will
             thrive
             ;
             but
             if
             they
             come
             to
             play
             their
             Games
             apart
             ,
             both
             will
             be
             losers
             in
             the
             conclusion
             .
          
           
             The
             third
             step
             to
             the
             advance
             of
             Trade
             ,
             was
             the
             Exportation
             of
             the
             Surplusage
             of
             the
             Staple
             Commodities
             that
             remained
             over
             and
             besides
             
             that
             proportion
             that
             should
             suffice
             for
             the
             Manufactures
             ;
             to
             which
             end
             it
             was
             ordered
             ,
             that
             no
             Wool
             should
             be
             exported
             till
             it
             had
             remained
             at
             the
             Staple
             by
             the
             space
             of
             Fifteen
             days
             .
             
             That
             time
             was
             necessary
             ,
             and
             longer
             time
             might
             have
             been
             convenient
             ,
             but
             that
             the
             Markets
             beyond
             the
             Sea
             could
             not
             be
             delayed
             longer
             time
             ,
             without
             much
             damage
             to
             the
             Merchant
             and
             Owner
             ;
             for
             as
             much
             as
             Winter-time
             is
             no
             time
             to
             prepare
             Wool
             for
             the
             Manufacture
             ;
             and
             by
             over-long
             continuance
             of
             the
             Commodity
             upon
             the
             hand
             of
             the
             Merchant
             or
             Owner
             ,
             both
             the
             Commodity
             and
             the
             Manufacture
             might
             surfeit
             ,
             lie
             in
             despair
             ,
             and
             Trade
             choaked
             thereby
             .
             For
             it
             is
             a
             necessary
             preparative
             to
             Trade
             ,
             to
             keep
             the
             Nation
             in
             some
             kind
             of
             hunger
             after
             the
             Staple-Commodities
             ,
             so
             as
             the
             main
             Stock
             be
             not
             too
             great
             to
             occupy
             ,
             and
             yet
             to
             leave
             enough
             to
             use
             .
             But
             because
             this
             Nation
             formerly
             had
             been
             ,
             and
             as
             yet
             were
             ,
             used
             too
             much
             to
             
               forein
               Manufactures
            
             ,
             the
             importing
             of
             which
             did
             debase
             the
             home-made
             Manufactures
             ,
             and
             discouraged
             that
             work
             ;
             therefore
             the
             Law
             was
             made
             to
             reduce
             the
             vanity
             of
             Apparel
             (
             which
             infected
             these
             times
             )
             to
             more
             Sobriety
             .
          
           
             Some
             delight
             in
             forein
             Commodities
             and
             Manufactures
             ,
             is
             ,
             doubtless
             ,
             profitable
             both
             for
             Trade
             and
             Shipping
             ;
             so
             as
             what
             is
             Imported
             exceeds
             not
             what
             is
             Exported
             .
             For
             too
             much
             of
             that
             ,
             makes
             the
             Domestick
             Commodity
             contemptible
             ,
             the
             Nation
             poor
             ,
             and
             the
             people
             want
             work
             ;
             because
             it
             is
             a
             noted
             vanity
             of
             this
             Nation
             ,
             That
             they
             love
             things
             
               far
               fetcht
            
             ,
             
             
               and
               dear
               bought
            
             .
             As
             a
             cure
             therefore
             to
             this
             disease
             ,
             English
             Cloth
             by
             Law
             is
             enjoyned
             to
             be
             worn
             by
             all
             persons
             under
             the
             degree
             of
             a
             Lord
             ;
             
             and
             so
             the
             former
             Inhibition
             of
             Importation
             of
             forein
             Cloaths
             was
             strengthned
             thereby
             .
             And
             because
             the
             English
             Clothiers
             should
             not
             take
             advantage
             hereby
             to
             raise
             the
             price
             of
             their
             Cloaths
             to
             their
             own
             covetous
             pin
             ;
             therefore
             the
             Law
             also
             setled
             a
             certain
             Price
             and
             Measure
             ,
             
             and
             the
             same
             before
             sale
             was
             to
             be
             allowed
             upon
             view
             :
             
             and
             for
             the
             goodness
             of
             the
             Cloaths
             ,
             
             and
             perfect
             working
             thereof
             ,
             
             Laws
             were
             likewise
             made
             against
             Exportation
             of
             all
             such
             as
             were
             not
             perfectly
             made
             .
          
           
             A
             fourth
             step
             to
             the
             advancement
             of
             Trade
             ,
             was
             the
             compelling
             men
             to
             work
             ;
             for
             when
             publick
             employment
             calls
             men
             forth
             for
             service
             in
             the
             Field
             ,
             their
             mindes
             once
             in
             commotion
             ,
             or
             upon
             the
             Wing
             ,
             can
             hardly
             settle
             any
             where
             ,
             or
             stoop
             to
             the
             Perk
             again
             ,
             unless
             upon
             hope
             of
             prey
             or
             gain
             to
             be
             gotten
             thereby
             .
             Such
             were
             the
             times
             of
             Edward
             the
             Third
             ,
             wherein
             partly
             for
             that
             cause
             ,
             and
             partly
             for
             the
             scarcity
             of
             men
             left
             from
             the
             Sword
             and
             Pestilence
             ,
             not
             onely
             Workmen
             were
             scarce
             and
             dear
             ,
             but
             even
             the
             Mass
             it self
             was
             grown
             stately
             ,
             the
             private
             delights
             of
             Kings
             and
             great
             men
             ,
             and
             scarce
             vouchsafing
             to
             be
             seen
             by
             common
             gaze
             ,
             but
             at
             a
             great
             distance
             .
             The
             Priests
             had
             little
             Charity
             ,
             and
             the
             Poor
             had
             as
             little
             Money
             ;
             so
             as
             
               no
               Penny
               ,
               no
               Pater
               Noster
               .
            
             A
             sick
             and
             very
             crazy
             time
             questionless
             was
             it
             ,
             when
             the
             Clergie
             were
             stately
             ,
             and
             the
             Poor
             idle
             .
             The
             Priests
             Wages
             for
             this
             cause
             are
             now
             setled
             ;
             
             and
             they
             that
             would
             get
             much
             ,
             must
             get
             many
             littles
             ,
             and
             do
             much
             .
             But
             the
             greater
             sore
             was
             amongst
             the
             poorer
             sort
             ;
             either
             they
             would
             not
             serve
             ,
             or
             at
             such
             wages
             as
             could
             not
             consist
             with
             the
             price
             of
             the
             Cloahts
             ,
             
             and
             the
             subsistence
             of
             the
             Clothier
             .
             
             L●aws
             therefore
             are
             made
             to
             compel
             them
             to
             work
             ,
             and
             to
             settle
             their
             Wages
             ;
             so
             as
             now
             it
             is
             as
             beneficial
             to
             them
             to
             serve
             the
             meaner
             sort
             of
             Clothiers
             as
             the
             richer
             sort
             :
             for
             the
             Master
             must
             give
             no
             more
             ,
             nor
             the
             Servant
             take
             more
             ;
             and
             thus
             became
             labour
             currant
             in
             all
             places
             .
          
           
           
             A
             fifth
             means
             to
             advance
             Trade
             ,
             was
             the
             setling
             of
             a
             Rule
             upon
             Exportation
             and
             Importation
             ;
             this
             wrought
             a
             double
             effect
             ,
             viz.
             The
             enriching
             of
             this
             Kingdom
             with
             forein
             Commodities
             ,
             and
             the
             maintaining
             of
             Shipping
             ;
             which
             was
             and
             is
             a
             principal
             means
             ,
             not
             onely
             of
             strength
             unto
             all
             Sea-bordering
             Countries
             ,
             especially
             regard
             being
             had
             to
             these
             three
             Considerations
             .
          
           
             First
             ,
             That
             Importation
             does
             bring
             in
             more
             profit
             than
             Exportation
             disburseth
             .
          
           
             Secondly
             ,
             That
             both
             Exportation
             and
             Importation
             be
             made
             by
             Shipping
             belonging
             to
             this
             Nation
             ,
             so
             far
             as
             may
             consist
             with
             the
             benefit
             of
             this
             Nation
             .
          
           
             Thirdly
             ,
             
               That
               Exportation
               be
               regulated
               to
               the
               Overplus
               ,
               saving
               the
               main
               Stock
               at
               home
               .
            
             The
             truth
             of
             the
             first
             will
             be
             evident
             from
             this
             ground
             ;
             That
             no
             Nation
             can
             be
             rich
             ,
             that
             receiveth
             more
             dead
             Commodities
             from
             abroad
             than
             it
             can
             spend
             at
             home
             ,
             or
             vend
             into
             forein
             parts
             ,
             especially
             if
             it
             be
             vended
             in
             its
             proper
             kind
             ,
             and
             not
             in
             Money
             .
             And
             therefore
             the
             Laws
             provided
             ,
             
             that
             no
             Merchant
             should
             Export
             more
             Money
             than
             he
             Importeth
             ;
             and
             what
             he
             doth
             Export
             must
             be
             of
             the
             new
             stamp
             ,
             which
             it
             seemeth
             was
             inferiour
             in
             value
             to
             the
             old
             :
             yet
             the
             times
             may
             prove
             so
             penurious
             ,
             that
             this
             rule
             may
             be
             waved
             for
             a
             season
             .
          
           
             The
             second
             is
             no
             less
             beneficial
             ;
             for
             as
             it
             is
             in
             War
             ,
             so
             in
             all
             Trades
             ;
             the
             greater
             the
             number
             is
             that
             is
             employed
             ,
             the
             more
             effectual
             the
             issue
             will
             be
             :
             And
             therefore
             though
             it
             in
             the
             general
             be
             more
             beneficial
             ,
             that
             all
             Exportation
             and
             Importation
             might
             be
             by
             our
             own
             Shipping
             ;
             yet
             in
             regard
             times
             may
             be
             such
             as
             now
             they
             were
             ,
             that
             the
             Shipping
             of
             this
             Nation
             is
             more
             than
             ordinarily
             employed
             for
             the
             service
             of
             the
             State
             :
             And
             that
             every
             Nation
             striveth
             to
             have
             the
             benefit
             of
             Exportation
             by
             Vessels
             of
             their
             own
             .
          
           
             And
             Lastly
             ,
             in
             regard
             the
             case
             may
             be
             such
             ,
             as
             Importation
             may
             be
             at
             a
             cheaper
             rate
             by
             forein
             Vessels
             ,
             and
             Exportation
             likewise
             may
             for
             the
             time
             be
             more
             prejudicial
             to
             this
             Nation
             ,
             if
             done
             by
             our
             own
             Shipping
             ,
             than
             those
             of
             other
             Nations
             :
             Therefore
             the
             course
             must
             be
             changed
             ,
             so
             far
             forth
             as
             will
             stand
             with
             the
             occasions
             of
             the
             State
             ,
             and
             common
             profit
             of
             this
             Nation
             .
             And
             for
             these
             causes
             ,
             and
             such-like
             ,
             in
             the
             times
             whereof
             we
             now
             treat
             ,
             
             the
             Laws
             often
             varied
             .
             Sometimes
             no
             Staple-Commodity
             must
             be
             Exported
             in
             English
             bottoms
             ;
             
             sometimes
             all
             must
             be
             done
             by
             them
             ;
             
             and
             within
             a
             year
             again
             that
             liberty
             was
             restrained
             ;
             
             and
             after
             that
             ,
             
             liberty
             given
             to
             Foreiners
             to
             Export
             as
             formerly
             .
          
           
             The
             third
             and
             last
             Consideration
             is
             as
             necessary
             as
             any
             of
             the
             former
             :
             for
             if
             Trade
             be
             maintained
             out
             of
             the
             main
             Stock
             ,
             the
             Kingdom
             in
             time
             must
             needs
             be
             brought
             to
             penury
             ,
             because
             it
             is
             their
             Magazine
             .
             And
             for
             this
             cause
             it
             was
             provided
             ,
             
             That
             all
             Wool
             should
             remain
             at
             the
             Staple
             15
             days
             ,
             to
             the
             end
             it
             might
             be
             for
             the
             Kingdoms
             use
             :
             if
             any
             one
             would
             buy
             ,
             they
             must
             do
             it
             within
             that
             time
             ,
             otherwise
             it
             might
             be
             exported
             .
          
           
             The
             sixth
             means
             of
             advancement
             of
             Trade
             ,
             was
             the
             setling
             of
             the
             Staple
             ;
             for
             as
             it
             was
             an
             encouragement
             to
             the
             first
             establishing
             of
             the
             Manufacture
             ,
             that
             the
             Staples
             were
             let
             loose
             ;
             so
             when
             the
             Manufactures
             had
             taken
             root
             ,
             the
             Staple
             especially
             now
             fixed
             to
             places
             within
             this
             Kingdom
             ,
             brought
             much
             more
             encouragement
             thereto
             .
          
           
             First
             ,
             For
             preserving
             a
             full
             Market
             .
             For
             whilst
             the
             Commodity
             lies
             scattered
             in
             all
             places
             ,
             the
             Market
             must
             needs
             be
             the
             leaner
             ;
             partly
             in
             regard
             the
             Commodity
             lies
             in
             obscurity
             ,
             and
             partly
             because
             when
             it
             is
             known
             where
             ,
             yet
             it
             is
             not
             easily
             discovered
             whether
             it
             be
             vendible
             or
             not
             ;
             and
             
             besides
             ,
             small
             parcels
             are
             not
             for
             every
             man's
             labour
             ,
             and
             the
             greater
             are
             not
             for
             every
             man's
             money
             .
          
           
             
               Secondly
               ,
               Staples
            
             are
             convenient
             for
             the
             slating
             of
             the
             general
             price
             of
             the
             Commodities
             ,
             in
             regard
             the
             quantity
             of
             the
             Commodity
             is
             thereby
             the
             more
             easily
             discovered
             ,
             which
             commonly
             makes
             the
             price
             .
             And
             the
             quantity
             of
             the
             Commodity
             thus
             discovered
             ,
             will
             not
             onely
             settle
             the
             price
             to
             it self
             ,
             but
             also
             ballance
             the
             price
             of
             the
             Manufacture
             .
          
           
             Thirdly
             ,
             The
             Staple
             having
             thus
             discovered
             the
             quantity
             of
             the
             Commodity
             ,
             will
             be
             a
             ready
             way
             to
             settle
             the
             quantity
             of
             the
             main
             Stock
             that
             must
             be
             preserved
             ,
             and
             regulate
             Exportation
             as
             touching
             the
             overplus
             .
             But
             it
             cannot
             be
             denied
             that
             the
             first
             and
             principal
             mover
             of
             the
             making
             of
             the
             Staple
             ,
             was
             the
             benefit
             of
             the
             Crown
             :
             For
             when
             the
             Commodity
             was
             gone
             beyond
             the
             Sea
             ,
             it
             importeth
             not
             to
             the
             Subjects
             in
             England
             ,
             whether
             the
             same
             be
             sold
             at
             one
             place
             ,
             or
             more
             ,
             or
             in
             what
             place
             the
             same
             be
             setled
             ,
             until
             the
             Manufacture
             was
             grown
             to
             some
             stature
             ;
             and
             then
             the
             place
             became
             litigious
             .
             The
             benefit
             of
             Exportation
             ,
             pretended
             much
             interest
             in
             the
             setling
             thereof
             beyond
             the
             Sea
             ;
             but
             in
             truth
             it
             was
             another
             matter
             of
             State.
             For
             when
             it
             was
             beyond
             Sea
             ,
             it
             was
             a
             moveable
             Engine
             to
             convey
             the
             King's
             pleasure
             or
             displeasure
             ,
             as
             the
             King
             pleased
             ;
             for
             it
             was
             a
             great
             benefit
             to
             the
             Countrey
             or
             place
             where-ever
             it
             setled
             ;
             or
             else
             it
             moved
             or
             stayed
             according
             to
             the
             inclination
             of
             the
             People
             where
             it
             was
             ,
             either
             for
             War
             or
             Peace
             .
             But
             on
             the
             contrary
             ,
             the
             Interest
             of
             the
             people
             began
             to
             interpose
             strongly
             .
             And
             for
             these
             causes
             the
             Parliament
             likewise
             intermeddled
             in
             the
             place
             ;
             and
             thus
             the
             Scene
             is
             altered
             :
             Sometimes
             it
             is
             beyond
             the
             Seas
             ,
             in
             one
             place
             or
             in
             another
             :
             sometimes
             in
             England
             .
             
             In
             Edward
             the
             Third's
             time
             ,
             we
             find
             it
             sometimes
             at
             Calis
             ,
             
             sometimes
             in
             England
             .
             In
             Richard
             the
             Second's
             time
             ,
             we
             find
             it
             again
             beyond
             the
             Seas
             at
             Middleburgh
             ;
             
             thence
             removed
             to
             Calis
             ;
             and
             after
             into
             England
             .
             Where
             at
             length
             the
             people
             understood
             themselves
             so
             well
             ,
             that
             the
             Parliament
             setled
             the
             same
             ;
             it
             being
             found
             too
             burthensome
             for
             the
             Manufactures
             to
             travel
             to
             the
             Staple
             beyond
             the
             Seas
             ,
             for
             the
             Commodity
             that
             grew
             at
             their
             own
             doors
             ;
             besides
             the
             enhansing
             of
             the
             price
             ,
             by
             reason
             of
             the
             Carriage
             ,
             which
             falling
             also
             upon
             the
             Manufactures
             ,
             must
             needs
             tend
             to
             the
             damage
             of
             the
             whole
             Kingdom
             .
          
           
             This
             was
             one
             way
             indeed
             ,
             and
             yet
             possibly
             another
             might
             have
             been
             found
             .
             For
             if
             a
             Computation
             had
             been
             made
             of
             the
             main
             Stock
             ,
             and
             a
             Staple
             setled
             within
             the
             Kingdom
             for
             that
             ,
             and
             the
             overplus
             exported
             to
             a
             Staple
             beyond
             the
             Sea
             ,
             it
             might
             have
             proved
             no
             less
             commodious
             ,
             and
             more
             complying
             .
             It
             is
             very
             true
             ,
             that
             there
             are
             many
             that
             call
             for
             the
             Liberty
             of
             the
             people
             ,
             that
             every
             man
             may
             sell
             his
             own
             Commodity
             as
             he
             pleases
             ;
             and
             it
             were
             well
             that
             men
             would
             consider
             themselves
             as
             well
             in
             their
             Relations
             ,
             as
             in
             their
             own
             Personal
             Respects
             .
             For
             if
             every
             man
             were
             independent
             ,
             his
             liberty
             would
             be
             in
             like
             manner
             independent
             ;
             but
             so
             long
             as
             any
             man
             is
             a
             Member
             of
             a
             Common-wealth
             ,
             his
             liberty
             must
             likewise
             depend
             upon
             the
             good
             of
             the
             Common-wealth
             ;
             and
             if
             it
             be
             not
             good
             for
             the
             Nation
             that
             every
             man
             should
             sell
             his
             own
             Commodity
             as
             he
             pleaseth
             ,
             he
             may
             claim
             the
             liberty
             as
             a
             Free-man
             ,
             but
             not
             as
             an
             
             English-man
             .
             Nor
             is
             that
             liberty
             just
             ,
             so
             long
             as
             his
             Country
             hath
             an
             interest
             in
             his
             Commodity
             for
             its
             safety
             and
             welfare
             ,
             as
             in
             his
             own
             person
             .
             I
             do
             not
             assert
             the
             manner
             of
             buying
             the
             Staple-Commodities
             by
             Merchants
             of
             the
             Staple
             ,
             to
             sell
             the
             same
             again
             in
             kind
             for
             
             their
             private
             advantage
             .
             Divers
             limitations
             must
             concur
             ,
             to
             save
             it
             from
             an
             unlawful
             ingrossing
             ;
             nor
             doth
             it
             appear
             to
             me
             that
             the
             Staplers
             in
             these
             times
             used
             such
             course
             ,
             or
             were
             other
             than
             mere
             Officers
             for
             the
             regulating
             of
             the
             Staple
             ,
             in
             nature
             of
             a
             Court
             of
             Piepowders
             belonging
             to
             some
             Fair
             or
             Market
             .
             Nevertheless
             ,
             I
             conjecture
             that
             it
             may
             well
             be
             made
             evident
             from
             principles
             of
             State
             ,
             that
             
               Marts
               ,
               Markets
            
             ,
             and
             Staples
             of
             Commodities
             ,
             that
             are
             of
             the
             proper
             Off-spring
             of
             this
             Nation
             ,
             are
             as
             necessary
             to
             Trade
             ,
             as
             Conduits
             are
             to
             places
             that
             want
             Water
             .
          
           
             The
             seventh
             and
             last
             means
             that
             was
             set
             on
             foot
             in
             these
             times
             for
             the
             advance
             of
             Trade
             ,
             was
             the
             
               regulating
               of
               the
               Mint
            
             ,
             and
             the
             current
             of
             Money
             .
             This
             is
             the
             life
             and
             soul
             of
             Trade
             :
             for
             though
             exchange
             of
             Commodities
             may
             do
             much
             ,
             yet
             it
             cannot
             be
             for
             all
             ,
             because
             it
             is
             not
             the
             lot
             of
             all
             to
             have
             exchangeable
             Commodities
             ,
             nor
             to
             work
             for
             Apparel
             and
             Victual
             .
             Now
             in
             the
             managing
             of
             this
             trick
             of
             Money
             ,
             two
             things
             are
             principally
             looked
             unto
             :
             First
             ,
             That
             the
             Money
             be
             good
             and
             currant
             .
             Secondly
             ,
             
             That
             it
             should
             be
             plentiful
             .
             As
             touching
             the
             excellency
             of
             the
             Money
             ,
             
             several
             Rules
             were
             made
             ,
             as
             against
             
               embasing
               of
               Money
            
             ,
             against
             
               forein
               Money
            
             not
             made
             currant
             ,
             against
             
               counterfeit
               and
               false
               Money
            
             .
             For
             according
             to
             the
             goodness
             of
             the
             Money
             ,
             so
             will
             the
             Trade
             be
             more
             or
             less
             :
             For
             the
             Merchant
             will
             rather
             lose
             in
             the
             price
             of
             his
             Commodity
             in
             Money
             ,
             than
             in
             exchange
             for
             other
             Commodity
             ;
             because
             the
             value
             thereof
             is
             less
             certain
             ,
             and
             the
             Transportation
             more
             chargeable
             .
          
           
             Secondly
             ,
             as
             touching
             the
             plenty
             of
             Money
             ,
             that
             is
             as
             necessary
             to
             the
             advance
             of
             the
             Trade
             ,
             as
             of
             the
             goodness
             of
             it
             .
             For
             according
             to
             the
             plenty
             thereof
             will
             be
             the
             plenty
             of
             the
             Manufactures
             ,
             because
             Handicrafts-men
             having
             no
             Commodities
             but
             their
             labour
             ,
             cannot
             work
             for
             exchange
             ,
             nor
             can
             exchange
             supply
             Rents
             and
             maintenance
             to
             the
             greater
             sort
             of
             people
             .
             
             To
             this
             end
             therefore
             it
             is
             provided
             against
             melting
             of
             Money
             ,
             
             and
             Exportation
             of
             Silver
             and
             Gold.
             And
             yet
             ,
             to
             encourage
             or
             not
             discourage
             Importation
             of
             Silver
             and
             Gold
             ,
             liberty
             was
             given
             to
             every
             man
             to
             Export
             so
             much
             as
             they
             did
             Import
             ,
             provided
             that
             what
             they
             carry
             away
             must
             be
             of
             the
             new
             stamp
             ,
             or
             Minted
             in
             this
             Nation
             .
             By
             this
             means
             Bullion
             came
             in
             with
             probability
             that
             much
             thereof
             would
             remain
             in
             the
             Nation
             in
             lieu
             of
             Commodities
             exported
             ;
             
             or
             if
             not
             the
             greater
             part
             ,
             yet
             at
             least
             the
             Mint
             gained
             ,
             and
             that
             was
             some
             benefit
             to
             the
             Nation
             .
          
           
             Thirdly
             ,
             for
             the
             fuller
             currance
             of
             the
             Money
             ,
             the
             Issue
             was
             established
             in
             several
             parts
             of
             this
             Kingdom
             ,
             according
             to
             the
             ancient
             custom
             ;
             and
             this
             was
             advantageous
             both
             to
             the
             Mint
             ,
             and
             to
             the
             Stock
             of
             Money
             in
             the
             Kingdom
             .
             
             This
             establishment
             was
             with
             this
             difference
             ,
             that
             though
             the
             Mint
             was
             setled
             by
             the
             Parliament
             ,
             yet
             the
             Exchange
             was
             left
             to
             the
             Directory
             of
             the
             King
             and
             his
             Council
             .
             Because
             the
             Exchange
             is
             an
             uncertain
             thing
             ,
             
             subject
             to
             sudden
             alteration
             in
             other
             Nations
             ,
             
             and
             it
             is
             necessary
             that
             in
             this
             Country
             it
             be
             as
             suddenly
             ballanced
             with
             the
             Ex●change
             in
             other
             Countries
             ,
             or
             in
             a
             short
             time
             the
             Nation
             may
             receive
             extream
             damage
             .
             In
             regard
             whereof
             ,
             and
             many
             other
             sudden
             exigencies
             in
             Trade
             ,
             it
             seemeth
             to
             me
             convenient
             ,
             that
             a
             particular
             Council
             were
             established
             for
             continual
             influence
             into
             all
             parts
             of
             these
             Dominions
             ,
             to
             take
             into
             consideration
             the
             
               quantity
               of
               the
               Staple-Commodities
            
             necessary
             to
             be
             retained
             as
             a
             Stock
             at
             home
             ,
             for
             the
             use
             of
             the
             people
             ,
             and
             the
             Manufactures
             ;
             and
             accordingly
             to
             ballance
             the
             trade
             of
             Exportation
             and
             
             Importation
             ,
             by
             opening
             and
             enlarging
             ,
             or
             shutting
             and
             straitning
             the
             Stream
             ,
             as
             occasion
             doth
             require
             .
          
           
             And
             lastly
             ,
             to
             watch
             the
             
               course
               of
               the
               Exchange
               in
               forein
               parts
               ,
            
             and
             to
             parallel
             the
             course
             thereof
             in
             this
             Land
             thereto
             .
             For
             otherwise
             the
             publick
             must
             necessarily
             suffer
             ,
             so
             long
             as
             private
             men
             seek
             their
             own
             particular
             interests
             onely
             in
             their
             course
             of
             Trade
             .
          
        
         
           
             CHAP.
             VIII
             .
             Of
             Legiance
             ,
             and
             Treason
             ,
             with
             some
             Considerations
             upon
             Calvin's
             Case
             .
          
           
             AS
             Times
             change
             Manners
             ,
             so
             do
             Manners
             change
             Laws
             .
             For
             it
             is
             the
             wisdom
             of
             a
             State
             ,
             when
             it
             cannot
             over-rule
             Occasion
             ,
             to
             pursue
             and
             turn
             it
             to
             the
             best
             issue
             it
             can
             .
             
               Multitude
               of
               Laws
               therefore
               are
               not
               so
               much
               a
               sore
               to
               the
               people
               ,
               as
               a
               symptome
               of
               a
               sore
               people
               .
            
             Yet
             many
             times
             Laws
             are
             said
             to
             be
             many
             ,
             whenas
             they
             are
             but
             one
             ,
             branched
             into
             many
             particulars
             ,
             for
             the
             clearing
             of
             the
             peoples
             understanding
             ,
             (
             who
             usually
             are
             not
             excellent
             in
             distinguishing
             )
             and
             so
             become
             as
             new
             Plaisters
             made
             of
             an
             old
             Salve
             ,
             for
             Sores
             that
             never
             brake
             out
             before
             .
             Such
             sore
             times
             were
             these
             whereof
             we
             now
             treat
             ,
             wherein
             every
             touch
             made
             a
             Wound
             ,
             and
             every
             Wound
             went
             to
             the
             Heart
             ,
             and
             made
             the
             Category
             of
             Treason
             swell
             to
             that
             bigness
             ,
             that
             it
             became
             an
             
               individuum
               vagum
            
             ,
             beyond
             all
             rule
             ,
             but
             the
             present
             sence
             of
             timorous
             Judges
             ,
             and
             a
             touchy
             King.
             Thus
             were
             many
             of
             the
             ignorant
             and
             well-meaning
             people
             in
             an
             hideous
             danger
             of
             the
             gulf
             of
             forfeiture
             ,
             before
             they
             found
             themselves
             nigh
             the
             brim
             .
          
           
             All
             men
             do
             agree
             that
             
               Treason
               is
               a
               wound
               of
               Majesty
            
             ;
             but
             all
             the
             doubt
             is
             ,
             where
             this
             Majesty
             resteth
             originally
             ,
             and
             what
             is
             that
             Legiance
             which
             is
             due
             thereto
             ,
             the
             breach
             whereof
             amounteth
             to
             so
             high
             a
             censure
             :
             for
             some
             men
             place
             all
             Majesty
             in
             one
             man
             ,
             whom
             they
             call
             an
             
               absolute
               Monarch
            
             :
             Others
             ,
             in
             the
             
               Great
               men
            
             :
             And
             others
             ,
             in
             the
             People
             ;
             and
             some
             in
             the
             concurrence
             of
             the
             
               King
               and
               body
               of
               the
               People
               .
            
             And
             it
             is
             a
             wild
             way
             to
             determine
             all
             in
             one
             Conclusion
             ,
             whenas
             the
             same
             dependeth
             wholly
             upon
             the
             constitution
             of
             the
             Body
             .
             Look
             then
             upon
             England
             in
             the
             last
             posture
             ,
             as
             the
             rigider
             sort
             of
             Monarchical
             Politicians
             do
             ,
             and
             Majesty
             will
             never
             be
             in
             glory
             ,
             but
             in
             the
             
               concurrence
               of
               the
               King
               and
               Parliament
               ,
            
             or
             Convention
             of
             Estates
             ;
             and
             so
             upon
             the
             whole
             account
             it
             will
             be
             upon
             the
             
               People
               ,
               whose
               welfare
               is
               the
               supream
               Law.
               Rome
            
             had
             
               Kings
               ,
               Consuls
               ,
               Dictators
               ,
               Decemviri
               ,
            
             and
             Tribunes
             ,
             long
             before
             the
             Orator's
             time
             ;
             and
             he
             saw
             the
             foundation
             of
             an
             Empire
             ,
             or
             perpetual
             Dictatorship
             ,
             in
             the
             person
             of
             the
             first
             of
             the
             Caesars
             :
             any
             of
             all
             which
             might
             have
             challenged
             the
             supremacy
             of
             Majesty
             above
             the
             People
             .
             And
             yet
             the
             often
             change
             of
             Government
             shewed
             plainly
             that
             it
             rested
             upon
             another
             pin
             ;
             and
             the
             Orator
             in
             express
             words
             no
             less
             ;
             when
             speaking
             of
             the
             Majesty
             of
             that
             Government
             ,
             he
             allotteth
             it
             not
             to
             those
             in
             chief
             command
             ,
             but
             defineth
             it
             to
             be
             
               magnitudo
               populi
               Romani
            
             .
             Afterwards
             ,
             when
             the
             pride
             of
             the
             Emperours
             was
             come
             to
             its
             full
             pitch
             in
             the
             times
             of
             Augustus
             and
             Tiberius
             ,
             an
             Historian
             of
             those
             times
             ,
             in
             the
             Life
             of
             Tiberius
             ,
             
             tells
             us
             ,
             
               That
               he
               declared
               the
               bounds
               of
               Treason
               to
               be
               determined
               in
               Three
               particular
               instances
               ;
               of
               Treachery
               against
               the
               Army
               ;
               Sedition
               amongst
               the
               People
               ;
               and
               violating
               the
               Majesty
               of
               the
               People
               of
            
             Rome
             :
             In
             all
             which
             ,
             men
             
             were
             not
             punishable
             for
             words
             ,
             but
             for
             actions
             and
             endeavours
             .
             I
             do
             not
             herein
             propound
             the
             Government
             of
             the
             Roman
             Empire
             as
             a
             model
             for
             England
             ,
             but
             
               à
               majori
            
             may
             conclude
             ,
             that
             if
             the
             proper
             seat
             of
             Majesty
             was
             in
             the
             people
             of
             Rome
             when
             Emperours
             were
             in
             their
             fullest
             glory
             ,
             it
             is
             no
             defacing
             of
             Majesty
             in
             England
             to
             seat
             it
             upon
             the
             
               whole
               body
            
             ,
             from
             whom
             the
             same
             is
             contracted
             in
             the
             Representative
             ,
             and
             so
             much
             thereof
             divided
             unto
             the
             person
             of
             the
             King
             ,
             as
             any
             one
             Member
             is
             capable
             of
             ,
             according
             to
             the
             work
             allotted
             unto
             him
             .
             These
             several
             seats
             of
             Majesty
             making
             also
             so
             many
             degrees
             ,
             do
             also
             imply
             as
             many
             degrees
             of
             wounding
             :
             for
             it
             is
             written
             in
             Nature
             ,
             
               That
               the
               offence
               tending
               to
               the
               immediate
               destruction
               of
               the
               whole
               body
               ,
               is
               greater
               than
               that
               which
               destroyeth
               any
               one
               Member
               onely
            
             ;
             and
             when
             the
             written
             Law
             maketh
             it
             Treason
             to
             compass
             the
             destruction
             of
             the
             
               King's
               Person
            
             ,
             it
             leaveth
             it
             obvious
             to
             common
             sence
             ,
             that
             it
             is
             a
             higher
             degree
             of
             Treason
             to
             compass
             the
             destruction
             of
             the
             Representative
             ;
             and
             above
             all
             ,
             to
             destroy
             the
             
               whole
               body
            
             of
             the
             people
             :
             Crimes
             that
             never
             entred
             into
             the
             conceit
             of
             wickedness
             it self
             in
             those
             more
             innocent
             times
             ;
             much
             less
             saw
             they
             any
             cause
             to
             mention
             the
             penalty
             by
             any
             written
             Law.
             Nevertheless
             ,
             because
             many
             sad
             examples
             had
             occurred
             within
             the
             memory
             of
             this
             present
             Age
             ,
             of
             the
             danger
             of
             the
             person
             and
             honour
             of
             Kings
             ;
             and
             yet
             on
             the
             other
             side
             they
             saw
             that
             in
             such
             cases
             of
             Treason
             the
             King's
             honour
             was
             made
             of
             reaching
             Leather
             ,
             and
             might
             easily
             be
             strained
             within
             the
             compass
             of
             a
             wound
             of
             Majesty
             :
             therefore
             Edward
             the
             Third
             ,
             imitating
             Tiberius
             ,
             reduced
             the
             crime
             of
             
               wound
               of
               Majesty
            
             in
             the
             Person
             of
             the
             King
             ,
             into
             certain
             particular
             instances
             ,
             out
             of
             the
             compass
             whereof
             the
             Judges
             of
             the
             Law
             in
             ordinary
             course
             must
             not
             determine
             Treason
             .
             These
             concern
             either
             the
             safety
             of
             the
             Person
             of
             the
             King
             ,
             
             or
             of
             the
             Succession
             in
             the
             Royal
             Throne
             :
             Or
             lastly
             ,
             the
             safeguard
             of
             the
             publick
             Right
             by
             the
             Broad
             and
             
               Privy
               seal
            
             ,
             the
             value
             of
             Money
             ,
             and
             by
             persons
             in
             matters
             of
             Judicature
             judicially
             presiding
             ;
             all
             of
             them
             reflecting
             upon
             the
             King
             ,
             considered
             in
             his
             
               politick
               capacity
            
             .
             For
             otherwise
             many
             crimes
             might
             have
             been
             mentioned
             ,
             more
             fatally
             reflecting
             upon
             the
             King
             in
             his
             
               natural
               capacity
            
             ,
             which
             nevertheless
             are
             omitted
             ,
             as
             not
             worthy
             of
             so
             high
             a
             censure
             .
             Other
             Treasons
             are
             left
             to
             the
             determination
             of
             the
             Parliament
             as
             occasion
             should
             offer
             it self
             ,
             
             whereof
             divers
             examples
             of
             a
             new
             stamp
             occurred
             within
             forty
             years
             next
             ensuing
             ,
             
             
               which
               were
               of
               a
               temporary
               regard
               ,
            
             
             
               and
               lived
               and
               died
               with
               the
               times
               .
            
          
           
             To
             these
             two
             notions
             of
             Majesty
             and
             Treason
             ,
             I
             must
             adde
             a
             third
             ,
             called
             Legiance
             ;
             for
             it
             is
             that
             which
             maketh
             Majesty
             to
             be
             such
             indeed
             ,
             and
             lifteth
             it
             into
             the
             Throne
             ,
             and
             whereof
             the
             highest
             breach
             makes
             Treason
             .
             And
             because
             that
             which
             hath
             been
             already
             said
             reflecteth
             upon
             an
             Opinion
             ,
             or
             rather
             a
             knot
             of
             Opinions
             (
             for
             I
             find
             them
             not
             punctually
             adjudged
             )
             in
             
             Calvin's
             Case
             ,
             I
             must
             a
             little
             demur
             to
             them
             ,
             because
             as
             their
             sence
             is
             commonly
             taken
             ,
             it
             alters
             the
             fundamental
             nature
             of
             the
             Government
             of
             this
             Nation
             from
             a
             Common-wealth
             to
             a
             
               pure
               Monarchy
            
             .
             In
             handling
             of
             this
             Case
             ,
             the
             honourable
             Reporter
             took
             leave
             to
             range
             into
             a
             general
             discourse
             of
             Legiance
             ,
             although
             not
             directly
             within
             the
             conclusion
             of
             the
             Case
             ;
             and
             therein
             first
             sets
             down
             the
             general
             nature
             thereof
             ,
             That
             it
             is
             
               a
               mutual
               bond
               between
               an
               English
               King
               and
               his
               people
            
             ;
             and
             then
             more
             particularly
             sets
             forth
             the
             nature
             of
             this
             bond
             in
             the
             several
             duties
             of
             obedience
             and
             fealty
             ,
             fol.
             5.
             a.
             and
             those
             also
             in
             their
             several
             properties
             ,
             viz.
             
               Natural
               ,
               Absolute
            
             ,
             fol.
             7.
             a.
             due
             to
             the
             King
             
               omni
               ,
               soli
               ,
               &
               semper
               ,
            
             fo
             .
             12.
             a.
             in
             his
             natural
             and
             not
             
               publick
               capacity
            
             ,
             fol.
             10.
             a.
             Whereas
             he
             saith
             ,
             this
             
             bond
             is
             natural
             ,
             he
             meaneth
             that
             it
             is
             
               due
               by
               birth
            
             ,
             fol.
             7.
             a.
             By
             absolute
             (
             if
             I
             mistake
             him
             not
             )
             he
             meaneth
             ,
             that
             it
             is
             indefinite
             ,
             fol.
             5.
             
               b.
               viz.
               not
               circumscribed
               by
               Law
               ,
            
             but
             
               above
               Law
            
             ,
             and
             
               before
               Law
            
             ,
             fol.
             13.
             a.
             and
             
               that
               Laws
               were
               after
               made
               to
               enforce
               the
               same
               by
               penalties
               ,
            
             fol.
             13.
             b.
             and
             therefore
             he
             concludeth
             that
             
               this
               legiance
               is
               immutable
            
             ,
             fol.
             13.
             b.
             and
             fol.
             14.
             a.
             
          
           
             Thus
             having
             slated
             the
             point
             as
             truly
             as
             I
             can
             ,
             both
             for
             the
             nature
             of
             Legiance
             ,
             and
             the
             object
             thereof
             ,
             viz.
             the
             King
             ,
             and
             not
             the
             People
             ,
             otherwise
             than
             in
             order
             to
             the
             safety
             and
             honour
             of
             the
             King's
             person
             ,
             considered
             in
             his
             
               natural
               capacity
            
             as
             he
             is
             a
             man
             :
             I
             shall
             in
             the
             next
             place
             examine
             the
             grounds
             as
             they
             are
             severally
             set
             down
             ,
             and
             therein
             shall
             lead
             the
             Reader
             no
             further
             than
             the
             Reporters
             own
             concessions
             .
             Not
             troubling
             the
             Reader
             with
             any
             doubt
             ,
             whether
             this
             Bond
             consists
             in
             obedience
             onely
             ,
             or
             in
             that
             fealty
             :
             and
             in
             all
             ,
             shall
             ever
             be
             mindful
             of
             the
             honour
             of
             that
             Pen
             with
             which
             I
             have
             to
             deal
             .
          
           
             First
             ,
             whereas
             it
             is
             said
             ,
             that
             
               English
               Legiance
               is
               natural
            
             ,
             and
             grounded
             upon
             the
             birth
             of
             each
             party
             within
             the
             Kings
             Dominions
             and
             protection
             ,
             it
             needeth
             no
             debate
             ,
             so
             as
             the
             same
             be
             taken
             
               sano
               sensa
            
             ,
             viz.
             for
             a
             
               qualified
               Legiance
            
             ,
             without
             those
             sublimities
             of
             
               absolute
               ,
               indefinite
               ,
               immutable
               ,
               &c.
            
             for
             otherwise
             if
             such
             a
             high
             strain
             of
             Legiance
             be
             due
             from
             every
             
               English
               man
               by
               birth
            
             ;
             then
             all
             the
             
               Magna
               Charta
            
             ,
             or
             Laws
             concerning
             the
             Liberties
             of
             the
             people
             ,
             come
             too
             late
             to
             qualifie
             the
             same
             ,
             because
             they
             cannot
             take
             away
             the
             
               Law
               of
               Nature
            
             ,
             fol.
             14.
             a.
             And
             thus
             the
             party
             once
             
               born
               English
            
             ,
             must
             for
             ever
             remain
             
               absolutely
               obliged
               to
               the
               King
               of
            
             England
             ,
             although
             haply
             he
             lives
             not
             two
             Months
             under
             his
             protection
             all
             his
             ensuing
             life-time
             .
          
           
             Secondly
             ,
             the
             Legiance
             of
             an
             English-man
             to
             his
             King
             ,
             ariseth
             from
             that
             civil
             Relation
             between
             the
             two
             Callings
             of
             King
             and
             Subject
             ,
             and
             therefore
             it
             is
             not
             a
             
               natural
               bond
            
             which
             cannot
             be
             taken
             away
             .
             The
             first
             is
             true
             ,
             by
             the
             Reporter's
             own
             concessions
             ;
             
               Protectio
               trahit
               subjectionem
               ,
               &
               subjectio
               protectionem
            
             ;
             so
             he
             saith
             ,
             
               fol.
               5.
               a.
               fol.
               9.
               b.
            
             and
             therefore
             though
             it
             be
             granted
             that
             Magistracy
             in
             general
             is
             from
             Nature
             ,
             as
             he
             saith
             ,
             
               fol.
               13.
               a.
            
             yet
             of
             weak
             birth
             is
             that
             inference
             which
             he
             maketh
             ,
             viz.
             That
             
               English
               Allegiance
               is
               a
               principle
               in
               Nature
               .
            
             Unless
             it
             be
             also
             admitted
             ,
             that
             all
             men
             on
             Earth
             that
             submit
             not
             to
             
               English
               Legiance
            
             do
             sin
             against
             Nature
             .
             The
             difference
             then
             will
             stand
             thus
             ;
             Magistracy
             is
             founded
             in
             Nature
             ,
             therefore
             Legiance
             also
             .
             But
             
               English
               Magistracy
            
             is
             from
             
               Civil
               constitution
            
             ,
             therefore
             is
             
               English
               Legiance
            
             of
             the
             like
             nature
             .
             In
             the
             next
             place
             the
             Reporter
             saith
             ,
             that
             before
             any
             Municipal
             Law
             was
             made
             ,
             Kings
             did
             
               dare
               jura
            
             ;
             and
             he
             mounts
             as
             high
             for
             an
             example
             as
             the
             Trojans
             Age
             ,
             by
             the
             Testimony
             of
             Virgil.
             But
             I
             believe
             he
             intended
             not
             much
             strength
             in
             this
             ,
             seeing
             it
             is
             well
             known
             by
             any
             that
             knows
             the
             Scriptures
             ,
             that
             there
             were
             Municipal
             Laws
             given
             ,
             and
             that
             concerning
             the
             Office
             of
             a
             King
             ,
             by
             Moses
             ,
             which
             were
             more
             ancient
             than
             those
             of
             Troy
             ,
             and
             long
             before
             the
             time
             of
             Virgil
             ,
             who
             neither
             tells
             us
             in
             what
             manner
             those
             
               Trojan
               Laws
            
             were
             made
             ,
             though
             the
             Kings
             gave
             them
             :
             nor
             if
             all
             were
             according
             to
             the
             Reporter's
             sence
             ,
             is
             the
             testimony
             of
             a
             Poet
             (
             who
             sometimes
             useth
             his
             
               Poetica
               licentia
            
             )
             to
             be
             taken
             in
             terminis
             .
          
           
             In
             the
             next
             place
             ,
             the
             Reporter
             voucheth
             the
             Testimony
             of
             
               Fortescue
               ,
               c.
               12
               ,
               &
            
             13.
             which
             is
             as
             absolutely
             opposite
             to
             the
             main
             point
             in
             hand
             ,
             as
             any
             Pen
             can
             declare
             :
             For
             he
             tells
             us
             of
             divers
             sorts
             of
             Kingdoms
             ,
             some
             gotten
             by
             Conquest
             ,
             as
             those
             of
             Nimrod
             and
             Belus
             ,
             &c.
             
             But
             ,
             saith
             he
             ,
             
               There
               is
               a
               Kingdom
               politick
               ,
               which
               is
               by
               the
               association
               of
               men
               by
               consent
               of
               Law
               ,
               making
               
               one
               chief
               ,
               who
               is
               made
               for
               defence
               of
               Law
               ,
               and
               of
               his
               Subjects
               Bodies
               and
               Estates
               ,
               and
               he
               cannot
               govern
               by
               any
               other
               power
               ;
               and
               of
               this
               nature
               ,
            
             faith
             he
             ,
             
               the
               Kingdom
               of
            
             England
             is
             ,
             fol.
             30.
             31
             ,
             32.
             
             A
             second
             piece
             of
             the
             foundation
             of
             this
             opinion
             of
             the
             Reporter
             is
             taken
             
               ab
               inani
               ;
               it
               is
               a
               vain
               thing
               ,
            
             saith
             he
             ,
             
               to
               prescribe
               Laws
               ,
               but
               where
               by
               Legiance
               foregoing
               ,
               people
               are
               bound
               to
               obey
               .
            
             But
             this
             compared
             with
             the
             words
             of
             Fortescue
             ,
             formerly
             mentioned
             ,
             falls
             of
             it self
             to
             dust
             ;
             and
             therefore
             I
             shall
             not
             further
             enlarge
             concerning
             it
             .
          
           
             Thirdly
             ,
             The
             Reporter
             brings
             in
             ,
             to
             help
             the
             matter
             ,
             the
             consent
             of
             the
             Law
             in
             elder
             times
             ,
             by
             certain
             Cases
             vouched
             to
             that
             purpose
             ;
             the
             first
             concerning
             the
             
               Legiance
               of
               Children
               to
               Parents
            
             ;
             which
             cometh
             not
             to
             this
             case
             ,
             because
             it
             is
             a
             
               Legiance
               of
               Nature
            
             ;
             and
             this
             Legiance
             whereof
             we
             speak
             ,
             is
             yet
             under
             a
             litigious
             Title
             :
             And
             I
             suppose
             will
             in
             the
             conclusion
             be
             found
             to
             rest
             onely
             upon
             a
             
               Civil
               constitution
            
             ;
             therefore
             I
             leave
             that
             .
             The
             second
             is
             ,
             
               That
               a
               man
               attainted
               and
               outlawed
               ,
               is
               nevertheless
               within
               the
               King's
               protection
               ;
               for
               this
            
             (
             saith
             the
             Reporter
             )
             
               is
               a
               Law
               of
               Nature
               ,
               Indelebilis
               &
               immutabilis
               ,
               and
               neither
               Parliament
               nor
               Statue
               can
               take
               this
               power
               away
               ,
            
             fol.
             13.
             b.
             14.
             a.
             And
             therefore
             the
             Reporter
             concludes
             ,
             
               That
               as
               well
               the
               Legiance
               of
               the
               Subject
               ,
               as
               the
               Protection
               of
               him
               by
               the
               King
               ,
               are
               both
               of
               them
               from
               the
               Law
               of
               Nature
               .
            
             An
             opinion
             that
             speaks
             much
             mercy
             ,
             yet
             it
             seems
             strange
             ,
             considering
             the
             Pen
             :
             for
             if
             it
             be
             a
             Law
             of
             Nature
             ,
             and
             immutable
             ,
             for
             the
             King
             to
             protect
             persons
             attainted
             ,
             then
             must
             no
             such
             person
             suffer
             ;
             for
             if
             he
             be
             under
             the
             King's
             protection
             ,
             that
             being
             by
             a
             Law
             of
             Nature
             ,
             cannot
             be
             changed
             by
             any
             positive
             Law
             ,
             as
             the
             Reporter
             saith
             ;
             nor
             can
             the
             King
             be
             so
             bound
             by
             any
             such
             Statute
             ,
             but
             by
             a
             
               non
               obstante
            
             be
             can
             set
             himself
             at
             liberty
             when
             he
             pleaseth
             :
             and
             then
             the
             issue
             will
             be
             this
             ,
             The
             King
             hath
             a
             natural
             power
             to
             protect
             the
             persons
             of
             Law-breakers
             from
             the
             power
             of
             the
             Law
             ,
             therefore
             much
             more
             their
             Estates
             ;
             and
             then
             farewel
             all
             Law
             ,
             but
             this
             of
             the
             
               Kings
               natural
               Protection
            
             .
             I
             say
             that
             these
             are
             of
             a
             high
             strain
             ,
             considering
             what
             the
             Reporter
             speaketh
             elsewhere
             .
             But
             to
             pursue
             his
             instance
             ,
             he
             saith
             ,
             
               That
               the
               King
               hath
               power
               to
               protect
               an
               attainted
               person
               :
               That
               if
               any
               man
               kill
               him
               without
               warrant
               ,
            
             
             
               he
               is
               a
               Man-slayer
            
             ;
             
             
               and
               yet
               this
               person
               attainted
               hath
               lost
               the
               legal
               protection
               .
            
             
             It
             is
             true
             ,
             
             yet
             not
             to
             all
             intents
             ;
             for
             by
             the
             Sentence
             of
             the
             Law
             ,
             his
             life
             is
             bound
             up
             under
             the
             Law
             of
             that
             Sentence
             ,
             
             
               viz.
               That
               he
               must
               not
               suffer
               in
               other
               manner
               than
               the
               Sentence
               determineth
               ,
               nor
               before
               Warrant
               of
               Execution
               issue
               forth
               to
               that
               end
               .
            
             And
             notwithstanding
             the
             Sentence
             ,
             yet
             the
             Law
             leaveth
             him
             a
             liberty
             of
             Purchase
             ,
             or
             Inheritance
             ,
             though
             to
             the
             use
             of
             the
             Crown
             ;
             and
             therefore
             in
             some
             respects
             the
             Law
             protects
             his
             person
             so
             long
             as
             he
             lives
             ,
             and
             the
             
               King
               's
               natural
               Protection
            
             is
             in
             vain
             in
             such
             cases
             .
          
           
             Lastly
             ,
             suppose
             the
             King
             hath
             a
             power
             of
             
               Non
               ohstante
            
             ,
             if
             the
             same
             be
             allowed
             to
             him
             in
             a
             limited
             way
             by
             the
             Law
             ,
             it
             is
             no
             Argument
             to
             prove
             the
             
               King's
               natural
               power
            
             ,
             which
             is
             driven
             at
             under
             
               natural
               Legiance
            
             ,
             much
             less
             if
             it
             cannot
             be
             made
             forth
             that
             the
             Law
             doth
             allow
             any
             such
             power
             of
             
               Non
               obstante
            
             at
             all
             ;
             but
             by
             the
             iniquity
             of
             the
             times
             ,
             permitteth
             the
             same
             to
             subsist
             ,
             onely
             to
             avoid
             Contention
             ,
             as
             it
             came
             into
             this
             Kingdom
             by
             way
             of
             Usurpation
             .
             And
             thus
             I
             have
             onely
             discovered
             the
             Foundation
             of
             this
             first
             Qualification
             ,
             which
             I
             shall
             onely
             leave
             naked
             ,
             supposing
             that
             no
             man
             seeing
             it
             ,
             will
             build
             at
             all
             thereupon
             .
          
           
             The
             second
             Property
             that
             cometh
             to
             be
             considered
             is
             ,
             
               That
               English
               Legiance
               is
               absolute
            
             ,
             fol.
             5.
             b.
             fol.
             7.
             a.
             which
             is
             a
             word
             of
             a
             vast
             extent
             ,
             serving
             rather
             to
             amaze
             men's
             apprehensions
             than
             to
             enlighten
             them
             .
             And
             
             therefore
             the
             Reporter
             did
             well
             not
             to
             trouble
             himself
             or
             the
             Reader
             in
             the
             clearing
             or
             proof
             thereof
             ,
             but
             lest
             the
             point
             rather
             to
             be
             believed
             than
             understood
             ;
             nor
             shall
             I
             in
             the
             Negative
             .
             For
             God
             himself
             can
             have
             no
             other
             Legiance
             from
             an
             Englishman
             ,
             than
             
               absolute
               Legiance
            
             ;
             and
             Kings
             being
             (
             as
             other
             men
             )
             subject
             to
             erre
             ,
             especially
             in
             this
             point
             of
             Prerogative
             are
             much
             rather
             subject
             thereto
             ,
             being
             misled
             by
             such
             Doctrines
             as
             these
             are
             .
             The
             Scripture
             determines
             this
             point
             ,
             
             and
             cuts
             the
             knot
             in
             sunder
             .
          
           
             The
             third
             property
             of
             
               English
               Legiance
            
             which
             the
             Reporter
             insisteth
             upon
             ,
             is
             ,
             that
             it
             is
             indefinite
             ;
             which
             he
             explaineth
             to
             be
             
               Proprium
               quarto
               modo
            
             ,
             so
             as
             it
             is
             both
             Vniversal
             and
             
               Immutable
               ,
               fol.
               5.
               b.
               fol.
            
             12.
             and
             
               neither
               defined
               by
               Time
               ,
               Place
               ,
            
             or
             Person
             .
             As
             touching
             the
             Time
             and
             Person
             ,
             the
             Reporter
             enlarged
             not
             at
             all
             ,
             therefore
             I
             shall
             onely
             leave
             the
             Reader
             to
             chew
             upon
             the
             point
             ,
             supposing
             himself
             in
             the
             first
             times
             of
             Edward
             the
             Fourth
             ,
             when
             Henry
             the
             Sixth
             was
             then
             alive
             ;
             and
             let
             him
             resolve
             to
             which
             of
             them
             his
             Legiance
             had
             been
             due
             ,
             considering
             them
             both
             in
             their
             
               natural
               capacity
            
             ,
             as
             the
             Reporter
             would
             have
             it
             .
             But
             as
             touching
             the
             place
             ,
             it
             is
             reported
             that
             
               English
               Legiance
            
             is
             not
             onely
             due
             from
             an
             
               English
               man
            
             to
             an
             
               English
               King
            
             in
             England
             ;
             but
             in
             all
             places
             of
             the
             Kings
             Dominions
             ,
             though
             otherwise
             Forem
             ,
             as
             to
             the
             power
             of
             the
             Law
             of
             England
             .
             Yea
             ,
             saith
             the
             Reporter
             ,
             
               as
               far
               as
               the
               Kings
               power
               of
               protection
               doth
               extend
               .
            
             And
             yet
             this
             had
             not
             been
             enough
             ,
             if
             the
             Premises
             be
             granted
             :
             For
             if
             this
             Legiance
             whereof
             we
             speak
             be
             absolute
             ,
             and
             
               omni
               ,
               soli
               ,
               &
               semper
               ,
            
             then
             it
             is
             due
             to
             the
             King
             from
             an
             
               English
               man
               ubivis
               Gentium
            
             .
             Nevertheless
             ,
             to
             take
             the
             Reporter
             in
             a
             moderate
             sence
             ,
             it
             is
             worth
             consideration
             ,
             whether
             
               English
               Legiance
            
             in
             the
             days
             of
             Edward
             the
             Third
             extended
             as
             far
             as
             the
             Kings
             power
             of
             Protection
             ,
             whenas
             he
             had
             the
             Crown
             of
             France
             in
             a
             Forein
             right
             to
             that
             of
             England
             .
             In
             this
             the
             Reporter
             is
             extreamly
             positive
             ,
             upon
             many
             grounds
             which
             he
             insisteth
             upon
             .
          
           
             First
             ,
             he
             saith
             ,
             that
             Verus
             and
             Fidelis
             are
             qualities
             of
             the
             mind
             ,
             and
             cannot
             be
             circumscribed
             within
             the
             predicament
             of
             Vbi
             ;
             and
             upon
             this
             ground
             he
             might
             conclude
             ,
             that
             this
             Legiance
             is
             due
             to
             the
             King
             from
             an
             
               English
               man
            
             all
             the
             world
             over
             ,
             as
             well
             as
             in
             all
             the
             King's
             Dominions
             .
             But
             concerning
             the
             ground
             ,
             it
             may
             be
             denied
             :
             for
             though
             simply
             in
             it self
             considered
             as
             a
             notion
             ,
             Verity
             or
             Fedility
             are
             not
             circumscribed
             in
             place
             ;
             yet
             being
             qualities
             of
             the
             Soul
             ,
             and
             that
             being
             in
             the
             Body
             ,
             in
             relation
             thereunto
             ,
             it
             may
             be
             in
             the
             predicament
             of
             Vbi
             :
             for
             where-ever
             that
             Body
             and
             Soul
             is
             ,
             there
             is
             Faith
             and
             Truth
             according
             to
             its
             model
             ;
             which
             though
             not
             absolute
             and
             indefinite
             ,
             yet
             if
             according
             to
             the
             Laws
             of
             the
             place
             wherein
             the
             man
             is
             ,
             he
             is
             truly
             said
             to
             be
             
               Verus
               &
               Fidelis
            
             .
          
           
             Secondly
             ,
             The
             Reporter
             argueth
             ,
             that
             the
             King's
             Protection
             is
             not
             local
             ,
             or
             included
             within
             the
             bounds
             of
             England
             ,
             therefore
             also
             is
             not
             the
             Legiance
             :
             for
             ,
             
               Protectio
               trahit
               Legiantiam
               ,
               &
               Legiantia
               Protectionem
               .
            
             Had
             this
             reason
             been
             formed
             into
             a
             Syllogisim
             ,
             it
             had
             appeared
             less
             valuable
             ;
             for
             the
             Protection
             of
             an
             
               English
               King
               ,
               qua
               talis
            
             ,
             of
             an
             
               English
               man
            
             ,
             is
             local
             ,
             and
             included
             within
             the
             bounds
             of
             the
             Kingdom
             .
             But
             if
             the
             same
             King
             be
             also
             King
             of
             France
             ,
             or
             Duke
             of
             Aquitane
             ,
             and
             an
             
               English
               man
            
             shall
             travel
             into
             those
             parts
             ,
             he
             is
             still
             under
             the
             same
             King's
             protection
             ,
             yet
             not
             as
             King
             of
             England
             ,
             but
             as
             King
             of
             France
             ,
             or
             Duke
             of
             Aquitane
             .
             Otherwise
             ,
             let
             the
             party
             be
             of
             France
             ,
             or
             Aquitane
             ,
             or
             England
             ,
             all
             is
             one
             ,
             he
             must
             be
             (
             whether
             French
             or
             English
             )
             under
             an
             
               unlimited
               absolute
               Protection
            
             ,
             without
             regard
             had
             to
             the
             
             Customs
             or
             Laws
             of
             the
             place
             ;
             yea
             ,
             contrary
             to
             them
             ,
             which
             I
             believe
             the
             Reporter
             never
             intended
             to
             affirm
             .
          
           
             Thirdly
             ,
             The
             Reporter
             salleth
             upon
             the
             
               matter
               in
               fact
            
             ,
             and
             tells
             us
             ,
             that
             the
             King
             of
             England
             did
             many
             times
             ,
             
               De
               facto
            
             ,
             grant
             Protections
             to
             persons
             in
             places
             out
             of
             the
             English
             Consines
             ;
             and
             it
             will
             not
             be
             denied
             .
             But
             never
             was
             any
             
               absolute
               and
               indefinite
            
             Protection
             so
             granted
             :
             for
             the
             Protection
             extends
             to
             defence
             from
             injury
             ,
             and
             all
             injury
             is
             to
             be
             expounded
             and
             judged
             according
             to
             the
             Laws
             of
             the
             place
             .
             Nor
             do
             any
             of
             the
             Precedents
             vouched
             by
             the
             Reporter
             clear
             ,
             that
             the
             King
             of
             England
             did
             grant
             ,
             as
             King
             of
             England
             ,
             Protection
             to
             any
             Englishman
             in
             any
             parts
             of
             the
             King's
             Dominion
             beyond
             the
             Seas
             ,
             which
             was
             not
             qualified
             according
             to
             the
             Laws
             and
             Customs
             of
             that
             place
             .
             Especially
             it
             being
             apparent
             ,
             that
             an
             English
             King
             may
             hold
             Dominion
             in
             Foreign
             parts
             ,
             in
             Legiance
             under
             a
             Foreign
             King
             ;
             as
             Edward
             the
             Third
             held
             the
             Dutchy
             of
             Guien
             ;
             and
             therefore
             cannot
             grant
             
               absolute
               Protection
            
             in
             such
             place
             ,
             nor
             receive
             
               absolute
               Legiance
            
             from
             any
             person
             there
             being
             .
          
           
             Fourthly
             ,
             The
             Reporter
             saith
             ,
             That
             the
             King
             of
             England
             hath
             power
             to
             command
             his
             Subjects
             of
             England
             to
             go
             with
             him
             in
             his
             Wars
             ,
             as
             well
             without
             the
             Realm
             of
             England
             ,
             as
             within
             the
             same
             ;
             therefore
             the
             
               Legiance
               of
               an
               Englishman
            
             to
             his
             King
             ,
             
               is
               indefinite
            
             ,
             and
             not
             local
             ,
             or
             
               circumscribed
               by
               place
            
             ,
             or
             
               within
               the
               Kingdom
               of
            
             England
             .
             Although
             the
             first
             of
             th●se
             be
             granted
             ,
             yet
             will
             not
             the
             inference
             hold
             ;
             for
             possibly
             this
             may
             arise
             from
             the
             constitution
             of
             a
             positive
             Law
             ,
             and
             not
             from
             natural
             or
             
               absolute
               Legiance
            
             ;
             nor
             doth
             any
             Authority
             by
             him
             cited
             ,
             justifie
             any
             such
             Legiance
             .
             But
             I
             cannot
             agree
             the
             first
             ;
             for
             it
             is
             not
             true
             ,
             that
             the
             King
             hath
             any
             such
             power
             from
             his
             own
             personal
             interest
             ;
             nor
             doth
             the
             authority
             of
             former
             Ages
             warrant
             any
             such
             matter
             .
             For
             a
             fuller
             disquisition
             whereof
             ,
             I
             shall
             refer
             the
             Reader
             to
             the
             Eleventh
             Chapter
             ensuing
             ,
             because
             the
             
               whole
               matter
               concerning
               the
               Militia
               cometh
               there
               to
               be
               handled
               in
               course
               .
            
          
           
             Fifthly
             ,
             To
             close
             up
             all
             the
             rest
             ,
             the
             Reporter
             brings
             
               The
               Testimony
               of
               the
               Judges
               of
               the
               Common
               Law
               ,
               out
               of
               the
               Testimony
               of
            
             Hengham
             ;
             
               wherein
               an
               Action
               was
               brought
               by
               a
               French
               woman
               against
               an
               English
               man
               ,
               who
               refused
               to
               answer
               ,
               because
               the
               Plaintiff
               was
               a
               French
               woman
               ,
               and
               not
               of
               the
               Legiance
               or
               Faith
               of
            
             England
             .
             This
             was
             disallowed
             by
             the
             Judges
             ,
             because
             
               Legiance
               and
               Faith
            
             was
             referred
             to
             England
             ,
             and
             not
             to
             the
             King.
             Thereupon
             the
             Defendant
             averred
             ,
             that
             the
             Plaintiff
             is
             not
             of
             the
             Legiance
             of
             England
             ,
             nor
             of
             the
             Faith
             of
             the
             King
             :
             And
             upon
             this
             Plea
             thus
             amended
             ,
             the
             Plaintiff
             gave
             over
             her
             Action
             .
             The
             Reporter
             from
             hence
             observeth
             ,
             that
             Faith
             and
             Legiance
             is
             referred
             to
             the
             King
             indefinitely
             and
             generally
             ,
             and
             therefore
             it
             is
             so
             due
             to
             him
             .
             The
             reason
             might
             have
             had
             more
             force
             ,
             had
             the
             Object
             of
             Allegiance
             ,
             or
             the
             nature
             thereof
             ,
             been
             the
             point
             in
             question
             ;
             but
             neither
             of
             them
             coming
             to
             debate
             ,
             and
             Allegiance
             being
             subjected
             to
             England
             ,
             and
             Faith
             to
             the
             King
             ,
             I
             see
             not
             what
             more
             can
             be
             concluded
             from
             hence
             ,
             but
             that
             Allegiance
             from
             an
             
               English
               man
            
             is
             due
             to
             England
             ,
             and
             Faith
             to
             the
             King
             ;
             which
             I
             suppose
             must
             be
             intended
             to
             be
             in
             order
             to
             that
             Allegiance
             ;
             because
             by
             the
             former
             Plea
             England
             had
             them
             both
             ,
             and
             the
             King
             was
             wholly
             left
             out
             in
             the
             Case
             .
             Nevertheless
             ,
             I
             rather
             think
             that
             the
             present
             point
             in
             controversie
             will
             receive
             little
             light
             herefrom
             on
             either
             part
             .
          
           
           
             We
             are
             now
             come
             to
             the
             fourth
             property
             of
             
               English
               Legiance
            
             ,
             that
             it
             is
             due
             to
             the
             King
             's
             
               Natural
               Capacity
            
             ,
             and
             not
             to
             his
             
               Politick
               Capacity
            
             or
             due
             to
             the
             Office
             of
             a
             King
             ,
             in
             regard
             of
             the
             Person
             of
             the
             Man
             ,
             and
             not
             to
             the
             Person
             in
             regard
             of
             the
             Office
             ,
             fol.
             20.
             
             And
             because
             this
             is
             of
             no
             small
             importance
             ,
             neither
             easily
             understood
             ,
             nor
             granted
             :
             Therefore
             he
             backeth
             his
             Opinion
             by
             many
             reasons
             .
          
           
             First
             ,
             he
             saith
             ,
             that
             the
             King
             sweareth
             to
             his
             Subjects
             in
             his
             
               Natural
               Capacity
            
             ,
             therefore
             the
             Subjects
             swear
             to
             him
             in
             his
             
               Natural
               Capacity
            
             .
             This
             reason
             was
             intended
             to
             be
             taken
             from
             Relatives
             ,
             and
             then
             it
             should
             have
             been
             thus
             :
             
               A
               King
               doth
               swear
               to
               his
               Subjects
               in
               their
               Natural
               Capacity
               ,
               therefore
               Subjects
               swear
               to
               a
               King
               in
               his
               Natural
               Capacity
               .
            
             But
             it
             being
             otherwise
             ,
             it
             is
             mistaken
             ,
             and
             proves
             not
             the
             Point
             .
             Yet
             if
             we
             should
             take
             the
             Reporter
             ,
             
               in
               sano
               Sensu
            
             ,
             there
             is
             no
             question
             but
             the
             Oath
             is
             made
             to
             the
             
               Natural
               Capacity
            
             ;
             yet
             not
             Terminativè
             ,
             more
             than
             the
             Oath
             of
             the
             Tenant
             to
             his
             Lord
             ,
             which
             this
             Author
             pleaseth
             to
             couple
             with
             the
             mutual
             dependence
             between
             King
             and
             Subject
             ,
             
               fol.
               4.
               b.
               5.
               a.
            
             Nor
             doth
             the
             Oath
             of
             an
             Englishman
             bind
             him
             to
             the
             Obedience
             of
             all
             ,
             or
             any
             Commands
             ,
             which
             the
             King
             shall
             give
             in
             relation
             onely
             to
             his
             
               Natural
               Capacity
            
             ,
             or
             in
             opposition
             to
             his
             
               Politick
               Capacity
            
             :
             Nor
             will
             the
             Reporter
             himself
             allow
             that
             the
             
               Politick
               Capacity
            
             of
             the
             King
             ,
             can
             be
             separate
             from
             his
             
               Natural
               Capacity
               ,
               fol.
            
             10.
             
             And
             yet
             it
             is
             evident
             that
             a
             King
             may
             in
             his
             
               Natural
               Capacity
            
             command
             that
             ,
             of
             which
             his
             
               Politick
               Capacity
            
             cannot
             give
             Allowance
             .
          
           
             The
             second
             reason
             of
             this
             Opinion
             ,
             is
             taken
             from
             the
             nature
             of
             Treason
             ,
             which
             saith
             the
             Reporter
             is
             committed
             against
             the
             
               Natural
               Person
            
             of
             the
             King
             ;
             and
             this
             is
             against
             
               due
               Legiance
            
             ,
             according
             to
             the
             form
             of
             Indictments
             in
             that
             Case
             provided
             .
             This
             is
             not
             demonstrative
             ,
             because
             that
             crime
             which
             is
             done
             against
             the
             
               Natural
               Person
            
             of
             a
             Man
             ,
             may
             as
             well
             extend
             to
             it
             in
             relation
             to
             his
             Place
             or
             Office
             ;
             and
             so
             may
             Treason
             be
             plotted
             against
             the
             
               Natural
               Person
            
             of
             a
             King
             ,
             as
             he
             is
             King
             :
             neither
             is
             there
             any
             other
             difference
             between
             the
             murther
             of
             a
             King
             ,
             and
             a
             private
             Man
             ,
             but
             only
             in
             regard
             to
             the
             Place
             and
             Office
             of
             a
             King
             ,
             which
             makes
             the
             murther
             of
             him
             Treason
             .
             For
             which
             cause
             all
             Indictments
             that
             do
             conclude
             ,
             
               Contra
               Legiantiae
               debitum
            
             ,
             do
             as
             well
             also
             conclude
             
               Contra
               Coronam
               &
               Dignitatem
               ,
               &c.
               
            
          
           
             The
             third
             reason
             is
             this
             ;
             
               A
               body
               politick
            
             can
             neither
             make
             nor
             take
             
               Homage
               ,
               33.
               
               H.
               8.
               
               Bro.
               tit
               .
               Fealty
               :
            
             Therefore
             cannot
             the
             King
             in
             his
             
               Politick
               Capacity
               take
               Legiance
            
             .
             The
             first
             must
             be
             granted
             only
             
               sub
               modo
            
             :
             for
             though
             it
             cannot
             take
             Homage
             immediately
             ,
             yet
             by
             the
             means
             of
             the
             
               Natural
               Capacity
            
             ,
             it
             may
             take
             such
             service
             .
             And
             therefore
             that
             Rule
             holds
             only
             where
             the
             Body
             Politick
             is
             not
             aggregate
             ,
             and
             not
             one
             Person
             in
             several
             Capacities
             ;
             for
             the
             Tenant
             that
             performs
             his
             service
             to
             his
             Lord
             ,
             performs
             the
             same
             to
             his
             Lord
             in
             his
             
               Natural
               Capacity
            
             ,
             but
             it
             is
             in
             relation
             to
             his
             
               Politick
               Capacity
            
             ,
             as
             he
             is
             his
             Lord.
             For
             Lord
             and
             
               Tenant
               ,
               King
            
             and
             Subject
             ,
             are
             but
             Notions
             ,
             and
             neither
             can
             give
             nor
             take
             service
             ;
             but
             that
             Man
             that
             is
             Lord
             ,
             or
             Tenant
             ,
             or
             King
             ,
             or
             Subject
             ,
             may
             ;
             even
             as
             the
             power
             of
             protection
             is
             in
             a
             King
             ,
             not
             as
             he
             is
             a
             Man
             ,
             but
             as
             a
             King.
             
          
           
             The
             fourth
             reason
             is
             this
             :
             The
             King
             's
             
               Natural
               Person
            
             hath
             right
             in
             the
             Crown
             by
             Inheritance
             ,
             therefore
             also
             in
             the
             Legiance
             of
             the
             Subject
             .
             This
             is
             the
             strength
             (
             as
             nigh
             as
             I
             can
             collect
             )
             of
             that
             which
             is
             set
             
             down
             as
             a
             sixth
             reason
             ;
             but
             I
             make
             it
             the
             fourth
             :
             because
             the
             third
             ,
             as
             I
             conceive
             ,
             is
             but
             an
             illustration
             of
             the
             second
             ;
             and
             the
             fifth
             is
             upon
             a
             supposal
             of
             a
             
               Fides
               ficta
            
             ;
             whereas
             that
             Faith
             of
             an
             English
             Subject
             ,
             which
             is
             according
             to
             Law
             ,
             is
             the
             truer
             of
             the
             twain
             .
             But
             to
             the
             substance
             of
             this
             fourth
             reason
             :
             If
             the
             first
             be
             granted
             ,
             yet
             the
             Reporter
             cannot
             attain
             his
             conclusion
             ;
             for
             the
             King
             may
             in
             his
             
               Natural
               Capacity
            
             have
             right
             to
             the
             Crown
             by
             Inheritance
             ,
             and
             yet
             not
             right
             in
             the
             Legiance
             of
             his
             Subjects
             ,
             otherwise
             than
             in
             the
             right
             of
             the
             Crown
             .
             As
             in
             the
             case
             of
             Lord
             and
             Tenant
             ,
             the
             Lord
             may
             inherit
             the
             Lordship
             in
             his
             
               Natural
               Capacity
            
             ,
             but
             the
             service
             is
             due
             to
             him
             as
             Lord
             ,
             and
             not
             as
             by
             Inheritance
             in
             the
             service
             in
             the
             abstract
             .
             And
             though
             it
             be
             granted
             ,
             that
             the
             Legiance
             to
             a
             King
             is
             of
             a
             higher
             strain
             than
             that
             of
             a
             Tenant
             to
             his
             Lord
             ,
             
               fol.
               4.
               b.
            
             5.
             a.
             yet
             doth
             the
             Reporter
             bring
             nothing
             to
             light
             ,
             to
             prove
             them
             to
             be
             of
             a
             different
             Nature
             in
             this
             regard
             .
          
           
             The
             fifth
             and
             last
             reason
             that
             cometh
             to
             consideration
             ,
             is
             ,
             from
             a
             Testimony
             of
             the
             Parliament
             ;
             for
             it
             is
             said
             ,
             
               That
               this
               damnable
               Tenet
               of
               Legiance
               to
               the
               King
               in
               his
               Politick
               Capacity
               ,
               is
               condemned
               by
               two
               Parliaments
               :
            
             But
             in
             truth
             I
             can
             find
             but
             one
             under
             that
             Title
             ,
             that
             mentioneth
             this
             Opinion
             ,
             and
             that
             is
             called
             
               Exilium
               Hugonis
            
             ,
             which
             is
             sum
             is
             nothing
             else
             ,
             but
             Articles
             containing
             an
             enumeration
             of
             the
             particular
             offences
             of
             the
             two
             Spencers
             against
             the
             State
             ,
             and
             the
             Sentence
             thereupon
             .
             The
             offences
             are
             ,
             
               For
               compassing
               to
               draw
               the
               King
               by
               Rigour
               ,
               to
               Govern
               according
               to
               their
               Wills
               :
               for
               withdrawing
               him
               from
               hearkning
               to
               the
               advice
               of
               his
               Lords
               :
               for
               hindring
               of
               Justice
               ,
               and
               Oppression
               ;
               and
               (
               as
               a
               means
               hereunto
               )
               they
               caused
               a
               Bill
               or
               Schedule
               to
               be
               published
               ,
               containing
               ,
               That
               Homage
               and
               Legiance
               is
               due
               to
               the
               King
               ,
               rather
               in
               relation
               to
               the
               Crown
               ,
               than
               absolutely
               to
               his
               Person
               ;
               because
               no
               Legiance
               is
               due
               to
               him
               ,
               before
               the
               Crown
               be
               vested
               upon
               him
               :
               That
               if
               the
               King
               do
               not
               Govern
               according
               to
               Law
               ,
               the
               Lieges
               in
               such
               case
               are
               bound
               by
               their
               Oath
               to
               the
               Crown
               ,
               to
               remove
               him
               either
               by
               Law
               or
               Rigour
               .
            
          
           
             This
             is
             the
             substance
             of
             the
             Charge
             ;
             and
             upon
             this
             exhibited
             in
             the
             Lords
             House
             ,
             the
             Lords
             ,
             
               super
               totam
               materiam
            
             ,
             banish
             them
             before
             their
             Case
             is
             heard
             ,
             or
             themselves
             had
             made
             many
             appearance
             thereto
             .
             So
             as
             to
             the
             matter
             of
             this
             Schedule
             (
             which
             contains
             an
             Opinion
             suitable
             to
             the
             point
             in
             hand
             ,
             with
             some
             additional
             aggravations
             )
             the
             Parliament
             determineth
             nothing
             at
             all
             :
             but
             as
             to
             the
             publishing
             of
             the
             same
             ,
             to
             the
             intent
             to
             gather
             a
             party
             ,
             whereby
             they
             did
             get
             power
             to
             act
             other
             enormities
             mentioned
             in
             the
             Charge
             .
             And
             in
             relation
             to
             those
             enormities
             ,
             the
             Lords
             proceeded
             to
             sentence
             of
             Banishment
             ;
             all
             which
             was
             done
             in
             the
             presence
             of
             the
             King
             ,
             and
             by
             his
             disconsent
             ,
             as
             may
             appear
             by
             his
             discontent
             thereat
             ,
             as
             all
             Historians
             of
             those
             Affairs
             witness
             .
             And
             it
             is
             not
             probable
             that
             the
             King
             would
             have
             been
             discontented
             with
             the
             proceedings
             of
             the
             Lords
             in
             asserting
             the
             Prerogative
             of
             a
             King
             ,
             in
             that
             manner
             of
             the
             Schedule
             ,
             if
             he
             had
             perceived
             any
             such
             thing
             in
             their
             purposes
             .
             Add
             hereunto
             ,
             that
             the
             Lords
             themselves
             justified
             the
             matter
             of
             the
             Schedule
             in
             their
             own
             proceedings
             ,
             all
             which
             tended
             to
             enforce
             the
             King
             to
             govern
             according
             to
             their
             Counsels
             ,
             and
             otherwise
             than
             suited
             with
             his
             good
             pleasure
             .
             By
             force
             they
             removed
             Gaveston
             from
             the
             King's
             presence
             formerly
             ,
             and
             afterward
             the
             Spencers
             ,
             in
             the
             same
             manner
             :
             So
             they
             removed
             the
             King
             from
             his
             Throne
             ,
             and
             not
             long
             after
             out
             of
             the
             World.
             
          
           
             Last
             of
             all
             ,
             I
             shall
             make
             use
             of
             one
             or
             two
             Concessions
             ,
             which
             hath
             passed
             the
             Reporter's
             own
             Pen
             (
             in
             this
             discourse
             of
             his
             )
             for
             the
             maintaining
             ,
             that
             the
             Legiance
             of
             an
             Englishman
             ,
             is
             Neither
             Natural
             ,
             nor
             Absolute
             ,
             nor
             
             Indefinite
             ,
             nor
             due
             to
             the
             
               Natural
               Capacity
            
             ,
             but
             qualified
             according
             unto
             Rules
             .
          
           
             The
             first
             is
             this
             :
             
               Englishmen
               do
               owe
               to
               their
               Kings
               ,
               Legiance
               according
               to
               their
               Laws
            
             ;
             therefore
             it
             is
             not
             Natural
             ,
             or
             Absolute
             ,
             or
             Indefinite
             .
             The
             inference
             is
             necessary
             :
             for
             the
             latter
             is
             boundless
             ,
             and
             Natural
             ;
             the
             former
             is
             limited
             ,
             and
             by
             civil
             Constitution
             .
             If
             any
             breach
             therefore
             of
             English
             Legiance
             be
             bounded
             by
             Law
             ,
             then
             the
             Legiance
             of
             an
             English
             man
             is
             circumscribed
             ,
             and
             not
             Absolute
             ,
             or
             Natural
             .
             The
             major
             proposition
             is
             granted
             by
             the
             Reporter
             ,
             who
             saith
             ,
             that
             the
             Municipal
             Laws
             of
             the
             Kingdom
             ,
             have
             prescribed
             the
             order
             and
             form
             of
             
               Legal
               Legiance
               ,
               fol.
               5.
               b.
            
             And
             therefore
             if
             by
             the
             Common
             Law
             ,
             the
             Service
             of
             the
             King's
             Tenant
             ,
             as
             of
             his
             Mannor
             ,
             be
             limited
             ,
             how
             can
             that
             consist
             with
             the
             absolute
             Legiance
             formerly
             spoken
             of
             ,
             which
             bindeth
             the
             Tenant
             ,
             being
             the
             King
             's
             Subject
             ,
             to
             an
             Absolute
             and
             Indefinite
             Service
             ?
             Or
             if
             the
             Statute-Laws
             have
             setled
             a
             Rule
             ,
             according
             to
             which
             each
             Subject
             ought
             to
             go
             to
             War
             in
             the
             King's
             service
             beyond
             the
             Sea
             ,
             as
             the
             Reporter
             granteth
             ,
             
               fol.
               7.
               
               &
            
             8.
             then
             cannot
             the
             Legiance
             be
             absolute
             to
             bind
             the
             Subject
             to
             go
             to
             War
             according
             to
             the
             Kings
             own
             pleasure
             .
          
           
             Secondly
             ,
             An
             English
             King's
             protection
             of
             his
             Subjects
             ,
             is
             not
             Natural
             ,
             Absolute
             ,
             Indefinite
             ,
             nor
             Originally
             extendeth
             unto
             them
             in
             their
             Natural
             Capacity
             :
             therefore
             is
             not
             the
             Legiance
             of
             an
             English
             Subject
             to
             his
             King
             ,
             Natural
             ,
             Absolute
             ,
             Indefinite
             ,
             nor
             Originally
             extendeth
             to
             the
             King
             ,
             in
             his
             Natural
             Capacity
             ,
          
           
             The
             dependence
             of
             these
             two
             resteth
             upon
             the
             Reporters
             own
             words
             ,
             who
             tells
             us
             ,
             that
             
               Protectio
               trahit
               Subjectionem
               ,
               &
               Subjectio
               Protectionem
            
             ;
             Protection
             draws
             with
             it
             Subjection
             ,
             and
             Subjection
             draws
             with
             it
             Protection
             ,
             so
             as
             they
             are
             Relata
             ,
             and
             do
             prove
             mutually
             one
             anothers
             Nature
             ,
             
               fol.
               5.
               a.
            
             And
             in
             the
             same
             Page
             (
             a
             few
             lines
             preceding
             )
             he
             shews
             why
             this
             Bond
             between
             King
             and
             Subject
             is
             called
             Legiance
             ,
             because
             there
             is
             a
             reciprocal
             ,
             and
             double
             Bond
             :
             for
             as
             the
             
               Subject
               is
               bound
            
             in
             Obedience
             to
             the
             King
             ,
             so
             is
             the
             
               King
               bound
            
             to
             the
             Subject
             in
             protection
             :
             But
             the
             King
             is
             not
             Naturally
             bound
             to
             protect
             the
             people
             ,
             because
             this
             Bond
             begins
             not
             at
             his
             Birth
             ,
             but
             when
             the
             Crown
             settles
             upon
             him
             .
          
           
             Thirdly
             ,
             This
             Protection
             is
             not
             absolute
             ,
             because
             the
             King
             must
             maintain
             the
             Laws
             ,
             
               fol.
               5.
               a.
            
             and
             the
             Laws
             do
             not
             protect
             absolutely
             ,
             any
             man
             that
             is
             a
             breaker
             of
             the
             Laws
             .
          
           
             Fourthly
             ,
             This
             protection
             is
             not
             Indefinite
             ,
             because
             it
             can
             extend
             no
             further
             than
             his
             power
             ,
             and
             his
             power
             no
             further
             than
             his
             Dominions
             ,
             fol.
             9.
             b.
             The
             like
             also
             may
             be
             instanced
             in
             continuance
             of
             time
             .
          
           
             Lastly
             ,
             The
             King's
             protection
             extendeth
             not
             originally
             to
             the
             Natural
             Capacity
             ,
             but
             to
             the
             politick
             Capacity
             ;
             therefore
             till
             a
             Foraigner
             cometh
             within
             the
             King's
             Legiance
             ,
             he
             cometh
             not
             within
             his
             protection
             :
             And
             the
             usual
             words
             of
             a
             Writ
             of
             Protection
             shews
             ,
             that
             the
             party
             protected
             ,
             must
             be
             in
             
               Obsequio
               nostro
               ,
               fol.
               8.
               a.
            
             The
             sum
             then
             is
             ,
             that
             
               as
               protection
               of
               an
               English
               King
               ,
               so
               neither
               is
               Legiance
               ,
               or
               Subjection
               of
               an
               Englishman
               ,
               Natural
               ,
               Absolute
               ,
               Indefinite
               ,
               or
               terminated
               in
               the
               Natural
               Capacity
               of
               the
               King.
            
             And
             to
             make
             a
             full
             period●
             to
             the
             point
             ,
             and
             make
             the
             same
             more
             clear
             ,
             I
             shall
             instance
             in
             one
             Precedent
             that
             these
             times
             of
             Edward
             the
             Third
             produced
             .
             The
             former
             English
             Kings
             had
             Title
             to
             many
             Territories
             in
             France
             ,
             but
             Edward
             the
             Third
             ,
             had
             Title
             to
             all
             the
             Kingdom
             .
             And
             being
             possibly
             not
             so
             sensible
             of
             what
             he
             had
             in
             possession
             ,
             as
             of
             what
             he
             had
             not
             ;
             He
             enters
             France
             in
             such
             a
             way
             ,
             and
             with
             that
             success
             ,
             that
             in
             a
             little
             time
             he
             ●●ns
             the
             highest
             seat
             therein
             ,
             and
             so
             brought
             much
             honour
             to
             
             the
             English
             Nation
             ;
             and
             more
             than
             stood
             with
             the
             safety
             of
             the
             Kingdom
             .
             
               For
               in
               the
               union
               of
               two
               Kingdoms
               ,
               it
               is
               dangerous
               for
               the
               smaller
               ,
               lest
               it
               be
               swallowed
               by
               the
               greater
               .
            
          
           
             This
             was
             foreseen
             by
             the
             English
             ,
             who
             knew
             England
             did
             bear
             but
             a
             small
             proportion
             to
             France
             ,
             and
             complained
             of
             that
             inconvenience
             ;
             and
             thereupon
             a
             Law
             was
             made
             ,
             that
             the
             people
             of
             England
             should
             not
             be
             subject
             to
             the
             King
             ,
             
             or
             his
             Heirs
             ,
             as
             Kings
             of
             France
             .
             Which
             manifestly
             importeth
             ,
             that
             an
             English
             King
             may
             put
             himself
             in
             such
             a
             posture
             ,
             in
             which
             Legiance
             is
             not
             due
             to
             him
             ;
             and
             that
             this
             posture
             is
             not
             onely
             in
             Case
             of
             Opposition
             ,
             but
             of
             diversity
             ,
             when
             he
             is
             King
             of
             another
             Nation
             ,
             and
             doth
             not
             
               de
               facto
            
             ,
             for
             that
             Time
             and
             Place
             ,
             rule
             an
             
               English
               King.
            
             Which
             if
             so
             ,
             I
             suppose
             this
             notion
             of
             
               Natural
               ,
               Absolute
               ,
               and
               Indefinite
               Legiance
            
             to
             the
             King
             in
             his
             
               Natural
               Capacity
            
             is
             out
             of
             this
             Kingdom
             ,
             if
             not
             out
             of
             the
             World
             :
             and
             then
             the
             foot
             of
             the
             whole
             Account
             will
             be
             ,
             that
             the
             
               Legiance
               of
               an
               Englishman
               ,
               is
               Originally
               according
               to
               the
               Laws
            
             ;
             the
             sum
             of
             all
             ,
             being
             comprehended
             in
             the
             joynt
             safety
             of
             the
             people
             of
             England
             .
          
        
         
           
             CHAP.
             IX
             .
             Of
             Courts
             for
             Causes
             criminal
             ,
             with
             their
             Laws
             .
          
           
             THe
             great
             growth
             of
             Courts
             founded
             upon
             Prerogative
             ,
             derogated
             much
             in
             these
             times
             from
             the
             Ancient
             Courts
             ,
             that
             formerly
             had
             attained
             the
             Soveraignty
             over
             the
             people
             ,
             and
             in
             the
             hearts
             of
             them
             all
             ,
             This
             was
             a
             hard
             lesson
             for
             them
             to
             learn
             ,
             but
             especially
             of
             the
             King's-Bench
             ,
             that
             was
             wont
             to
             learn
             of
             none
             ;
             and
             yet
             must
             be
             content
             to
             part
             with
             many
             of
             their
             Plumes
             to
             deck
             the
             Chancellor
             ,
             much
             of
             their
             work
             to
             busie
             the
             
               Prerogative
               Courts
            
             holden
             
               Coram
               Rege
            
             ,
             and
             more
             to
             those
             holden
             
               Coram
               Populo
            
             ,
             I
             mean
             ,
             
               The
               Courts
               of
               Oyer
               and
               Terminer
               ,
               Goal-delivery
               ,
               and
               Justices
               of
               Peace
               .
            
             Those
             of
             Oyer
             and
             Terminer
             ,
             were
             now
             grown
             very
             common
             ,
             but
             less
             esteemed
             ,
             as
             being
             by
             men
             of
             mean
             regard
             nominated
             for
             the
             most
             part
             by
             the
             party
             that
             sued
             out
             the
             Commission
             ,
             which
             for
             the
             most
             part
             was
             done
             in
             behalf
             of
             those
             that
             were
             in
             danger
             ,
             and
             meaned
             not
             to
             be
             justified
             by
             Works
             ,
             but
             by
             Grace
             .
             These
             escapes
             ,
             though
             small
             in
             the
             particulars
             ,
             yet
             in
             the
             full
             sum
             made
             the
             matter
             so
             foul
             ,
             as
             it
             became
             a
             common
             grievance
             ;
             
             and
             a
             Rule
             thereupon
             set
             by
             the
             Parliament
             ,
             for
             the
             regulating
             both
             of
             the
             Judges
             of
             such
             Court
             ,
             and
             the
             Causes
             .
             The
             Commissions
             for
             Goal-delivery
             likewise
             ,
             grew
             more
             mean
             and
             ordinary
             :
             The
             chief
             sort
             of
             Men
             in
             the
             several
             Counties
             ,
             had
             formerly
             the
             power
             ,
             but
             were
             found
             to
             savour
             too
             much
             of
             Neighbourhood
             and
             Alliance
             .
             The
             leading
             of
             the
             work
             therefore
             ,
             is
             now
             committed
             to
             the
             Judges
             at
             Westminster
             ,
             and
             the
             other
             made
             onely
             Associates
             to
             them
             .
             But
             above
             all
             ,
             the
             Courts
             of
             
               Sheriffs
               ,
               Coroners
            
             ,
             &
             Leets
             ,
             were
             now
             grown
             sowr
             with
             Age
             ,
             having
             attained
             courses
             by
             common
             practice
             ,
             differing
             from
             Oppression
             onely
             in
             Name
             ;
             and
             yet
             were
             the
             times
             so
             unhappy
             ,
             as
             by
             these
             courses
             they
             had
             obtained
             favour
             and
             respect
             amongst
             the
             great
             men
             ,
             and
             so
             gained
             more
             power
             from
             above
             ,
             to
             abuse
             them
             below
             .
             These
             men
             loved
             to
             be
             Commissioners
             of
             Oyer
             and
             Terminer
             ,
             and
             having
             learned
             how
             to
             make
             capital
             offences
             pecuniary
             ,
             found-such
             sweetness
             ,
             as
             they
             used
             not
             to
             be
             weary
             of
             their
             places
             ,
             though
             the
             Country
             grew
             weary
             of
             them
             ;
             and
             therefore
             disliking
             uncertaintes
             ,
             in
             such
             matters
             of
             benefit
             ,
             they
             cannot
             rest
             till
             they
             obtain
             more
             
             certain
             settlement
             in
             their
             places
             ;
             some
             for
             Years
             ,
             others
             for
             Life
             ,
             and
             some
             for
             ever
             .
          
           
             The
             Disease
             thus
             contracted
             by
             degrees
             ,
             the
             Cure
             must
             be
             accordingly
             :
             First
             ,
             the
             Sheriffwicks
             ,
             much
             dismembred
             to
             please
             the
             Court-favourites
             ,
             and
             fill
             the
             Kings
             privy
             Purse
             ,
             and
             all
             raised
             to
             the
             utmost
             peny
             of
             the
             full
             ,
             and
             beyond
             the
             just
             value
             :
             A
             Law
             is
             made
             to
             restore
             the
             several
             Hundreds
             ,
             
             and
             Wapentakes
             ,
             to
             the
             Sheriffs
             and
             their
             Counties
             ,
             and
             all
             of
             them
             are
             reduced
             to
             the
             old
             Rent
             :
             And
             it
             is
             likewise
             provided
             ,
             that
             none
             shall
             execute
             that
             place
             in
             County
             or
             Hundred
             ,
             who
             shall
             not
             then
             have
             sufficient
             Lands
             in
             that
             County
             to
             answer
             damages
             for
             injustice
             by
             them
             done
             .
             
             And
             that
             no
             Sheriff
             shall
             serve
             in
             that
             place
             above
             one
             year
             ;
             and
             then
             not
             to
             be
             chosen
             again
             for
             that
             service
             till
             three
             years
             be
             past
             :
             
             which
             latter
             clause
             was
             onely
             a
             medium
             taken
             up
             for
             the
             present
             occasion
             ,
             in
             regard
             that
             men
             of
             ability
             became
             very
             rare
             in
             these
             times
             ,
             
             especially
             in
             some
             of
             the
             Counties
             .
          
           
             The
             election
             of
             the
             Sheriff
             is
             likewise
             not
             to
             be
             forgotten
             ;
             for
             though
             the
             Counties
             had
             the
             election
             of
             Coroners
             ,
             in
             regard
             they
             looked
             that
             no
             man
             should
             come
             nigh
             their
             bloud
             but
             whom
             they
             trusted
             ;
             
             yet
             the
             Sheriff
             came
             not
             so
             night
             their
             skin
             ,
             nor
             yet
             so
             nigh
             their
             Free-holds
             as
             anciently
             they
             had
             done
             ,
             for
             that
             their
             power
             in
             Judicature
             was
             much
             abated
             ,
             and
             so
             not
             worthy
             of
             so
             high
             regard
             ;
             yet
             in
             respect
             he
             was
             still
             to
             be
             a
             Minister
             of
             Justice
             ,
             and
             his
             place
             valuable
             more
             than
             formerly
             ,
             it
             was
             holden
             convenient
             that
             such
             as
             had
             the
             chief
             power
             of
             Judicature
             at
             Westminster
             ,
             
             viz.
             the
             
               Chancellour
               ,
               Treasurer
               ,
               Chief
               ●aron
               ,
            
             and
             the
             
               two
               Chief
               Justices
            
             ,
             should
             nominate
             the
             man
             that
             should
             be
             their
             Servant
             ;
             and
             in
             the
             Parliament
             nevertheless
             they
             interposed
             in
             that
             Election
             as
             often
             as
             they
             saw
             cause
             .
          
           
             Secondly
             ,
             As
             touching
             
               Causes
               criminal
            
             ,
             which
             more
             ordinarily
             come
             within
             the
             cognizance
             of
             these
             Courts
             .
             They
             generally
             held
             the
             same
             regard
             in
             the
             eye
             of
             the
             Law
             in
             these
             times
             ,
             that
             they
             had
             done
             formerly
             ;
             nevertheless
             ,
             in
             two
             crimes
             these
             times
             wrought
             diversly
             ,
             urging
             the
             edge
             of
             the
             Law
             against
             the
             one
             ,
             and
             abating
             it
             as
             to
             the
             other
             .
             The
             latter
             of
             these
             is
             commonly
             called
             
               Petit
               Treason
            
             ,
             which
             is
             a
             murther
             destructive
             to
             the
             Commonwealth
             ,
             in
             an
             inferiour
             degree
             ,
             and
             at
             a
             further
             distance
             ,
             because
             it
             is
             destructive
             to
             that
             Legiance
             by
             which
             Families
             do
             consist
             ,
             and
             of
             whom
             Kingdomes
             are
             derived
             .
          
           
             In
             former
             times
             it
             extended
             unto
             the
             Legiance
             between
             Lord
             and
             Tenant
             ,
             
             and
             Parents
             and
             Children
             :
             But
             by
             this
             Law
             of
             25
             E.
             3.
             it
             is
             reduced
             to
             the
             Legiance
             onely
             of
             Man
             and
             Wife
             ,
             Master
             and
             Servant
             ,
             Clerk
             and
             his
             Ordinary
             ;
             the
             last
             of
             which
             was
             now
             lately
             taken
             up
             ,
             and
             might
             have
             been
             as
             well
             laid
             aside
             ,
             as
             divers
             others
             were
             ,
             but
             that
             in
             these
             times
             much
             is
             to
             be
             yielded
             to
             the
             power
             of
             the
             Prelacy
             ,
             who
             loved
             to
             raise
             the
             power
             of
             the
             Ordinary
             to
             an
             extraordinary
             pitch
             ,
             that
             themselves
             might
             be
             the
             more
             considerable
             .
          
           
             This
             reducing
             of
             Treason
             into
             a
             narrower
             ground
             ,
             made
             the
             Regiment
             of
             Felonies
             to
             swell
             .
             A
             hard
             thing
             it
             was
             in
             a
             Warring
             time
             ,
             for
             men
             to
             conceit
             themselves
             well
             drest
             ,
             until
             they
             were
             compleatly
             armed
             .
             Some
             used
             it
             for
             a
             Complement
             ,
             and
             amongst
             others
             ,
             honest
             men
             had
             as
             good
             cause
             to
             use
             it
             ,
             as
             some
             that
             were
             ill-affected
             had
             a
             bad
             ;
             and
             of
             the
             last
             sort
             ,
             some
             did
             aim
             at
             private
             revenge
             ,
             though
             many
             aimed
             against
             the
             publick
             quiet
             .
             But
             however
             the
             intentions
             of
             men
             thus
             harnassed
             might
             be
             different
             ,
             the
             looks
             of
             them
             all
             are
             so
             sour
             ,
             that
             it
             is
             hard
             to
             know
             a
             man
             for
             Peace
             ,
             from
             a
             man
             for
             War.
             And
             therefore
             the
             people
             were
             
             now
             so
             greedy
             after
             Peace
             ,
             as
             they
             are
             ready
             to
             magnifie
             or
             multiply
             all
             postures
             of
             arm'd
             men
             into
             the
             worst
             fashion
             ,
             being
             well
             assur'd
             that
             the
             readiest
             way
             to
             keep
             themselves
             from
             the
             hurt
             of
             such
             men
             ,
             is
             to
             have
             none
             of
             them
             at
             all
             .
             But
             Edward
             the
             Third
             had
             more
             need
             of
             them
             than
             so
             ,
             and
             will
             therefore
             allow
             men
             to
             ride
             armed
             ,
             
             but
             not
             to
             Troop
             together
             ,
             to
             rob
             ,
             kill
             ,
             or
             imprison
             any
             man
             ;
             and
             if
             any
             person
             did
             otherwise
             ,
             it
             should
             be
             Felony
             ,
             or
             Trespass
             ,
             but
             not
             High
             Treason
             .
          
           
             All
             this
             was
             in
             favour
             to
             the
             people
             ,
             and
             yet
             it
             was
             not
             all
             ;
             for
             when
             Mercy
             groweth
             profuse
             ,
             it
             becomes
             Cruelty
             .
             Murther
             is
             very
             incident
             to
             times
             of
             War
             ,
             yet
             is
             an
             Enemy
             to
             the
             Peace
             ,
             of
             so
             high
             a
             nature
             ,
             that
             though
             the
             King's
             Pardon
             may
             do
             much
             ,
             yet
             both
             King
             and
             People
             declare
             it
             an
             impardonable
             crime
             ,
             by
             the
             Common
             Law
             ,
             and
             
               that
               the
               King's
               Prerogative
               shall
               not
               extend
               so
               far
               as
               to
               pardon
               the
               same
               .
            
             This
             Justice
             done
             to
             the
             party
             dead
             ,
             was
             a
             mercy
             to
             them
             that
             were
             alive
             ;
             a
             means
             to
             save
             bloud
             by
             bloudshed
             ;
             and
             not
             so
             much
             by
             the
             King's
             Grant
             ,
             as
             by
             his
             Release
             .
             One
             thing
             more
             in
             these
             cases
             of
             bloud
             the
             people
             obtained
             of
             the
             King
             ,
             which
             they
             had
             not
             so
             much
             by
             Release
             as
             by
             Grant
             ,
             and
             that
             was
             the
             taking
             away
             of
             Englishire
             ,
             an
             ancient
             Badge
             of
             the
             Imperial
             power
             of
             the
             Danes
             over
             the
             Saxons
             ;
             and
             which
             had
             either
             continued
             through
             the
             desidiousness
             of
             the
             Saxons
             in
             the
             times
             of
             Edward
             the
             Confessor
             ,
             unto
             the
             Normans
             time
             ,
             or
             by
             them
             taken
             up
             again
             ,
             and
             continued
             until
             these
             times
             ,
             that
             Edward
             the
             Third
             was
             so
             far
             desirous
             to
             declare
             his
             readiness
             to
             maintain
             the
             Liberties
             of
             the
             people
             ,
             as
             to
             be
             willing
             to
             restore
             them
             where
             they
             failed
             ,
             and
             in
             particular
             took
             away
             the
             manner
             of
             presentment
             of
             Englishire
             ,
             blotting
             out
             the
             Title
             and
             Clause
             concerning
             it
             ,
             
             out
             of
             the
             Articles
             of
             Inquiry
             for
             the
             Judges
             Itinerant
             .
             And
             thus
             ,
             whether
             Native
             or
             Foreiner
             ,
             all
             men
             are
             now
             made
             in
             death
             equal
             ,
             and
             one
             Law
             serves
             all
             alike
             .
          
           
             Next
             unto
             bloud
             ,
             these
             times
             grew
             more
             sensible
             of
             Ravishments
             than
             former
             times
             had
             done
             .
             For
             though
             they
             had
             determined
             a
             severe
             penalty
             against
             so
             foul
             a
             crime
             ,
             and
             made
             it
             in
             the
             nature
             of
             a
             Felony
             capital
             ,
             which
             was
             enough
             to
             have
             scared
             any
             man
             from
             such
             attempts
             ;
             yet
             for
             the
             proof
             of
             the
             matter
             in
             Fact
             ,
             much
             rested
             upon
             the
             will
             of
             the
             Woman
             ,
             which
             for
             the
             most
             part
             grounded
             upon
             self-respects
             ,
             and
             private
             prudence
             ,
             laboured
             to
             conceal
             that
             which
             could
             not
             be
             made
             whole
             by
             revealing
             ;
             and
             by
             after-consent
             ,
             skin'd
             over
             the
             sore
             as
             to
             themselves
             ,
             which
             corrupted
             inwardly
             ,
             and
             endangered
             the
             whole
             Body
             .
             To
             cure
             which
             ,
             
             a
             Law
             is
             made
             to
             restrain
             such
             late
             connivance
             in
             the
             Woman
             ,
             by
             depriving
             her
             both
             of
             her
             Joynture
             and
             Inheritance
             ,
             
             which
             otherwise
             had
             been
             saved
             to
             her
             by
             such
             compliance
             ,
             as
             after-consent
             unto
             such
             violations
             .
          
        
         
           
             CHAP.
             X.
             Of
             the
             Course
             of
             Civil
             Justice
             during
             these
             times
             .
          
           
             HOwever
             the
             course
             of
             the
             Law
             concerning
             matters
             of
             the
             Crown
             ,
             passed
             in
             a
             troubled
             Wave
             ;
             yet
             in
             matters
             of
             Common
             Pleas
             ,
             it
             passed
             in
             a
             Calm
             and
             full
             Channel
             ,
             as
             the
             Reports
             in
             Print
             do
             sufficiently
             witness
             ;
             nor
             was
             there
             any
             change
             of
             Principles
             ,
             but
             onely
             some
             alteration
             
             tending
             to
             a
             clearer
             manifestation
             of
             the
             same
             .
             I
             will
             not
             touch
             upon
             every
             particular
             ,
             but
             onely
             upon
             two
             ,
             which
             reflect
             somewhat
             upon
             the
             publick
             Policy
             ;
             the
             one
             touching
             the
             course
             of
             Inheritance
             in
             some
             particular
             cases
             ,
             the
             other
             touching
             pleading
             in
             the
             Courts
             of
             Civil
             Justice
             .
          
           
             The
             first
             of
             these
             was
             occasioned
             from
             Conjuncture
             of
             Affairs
             ,
             the
             case
             being
             such
             ,
             that
             Edward
             the
             Third
             had
             now
             gotten
             himself
             a
             new
             Kingdom
             unto
             that
             of
             England
             ,
             and
             must
             look
             to
             maintain
             that
             by
             power
             ,
             which
             he
             obtained
             by
             force
             ;
             and
             conducing
             thereunto
             ,
             must
             have
             continual
             employment
             of
             the
             English
             in
             that
             Service
             ,
             as
             being
             most
             trusty
             to
             his
             Cause
             .
             And
             that
             it
             is
             unreasonable
             ,
             that
             such
             English
             as
             had
             devoted
             themselves
             to
             his
             Service
             in
             this
             Cause
             ,
             and
             in
             order
             thereunto
             ,
             had
             transported
             themselves
             and
             their
             Families
             into
             those
             foreign
             parts
             ,
             should
             thereby
             lose
             the
             benefit
             of
             Lieges
             in
             the
             Birth-right
             of
             their
             Children
             born
             in
             those
             foreign
             parts
             .
             
             Upon
             consideration
             had
             thereof
             ,
             and
             of
             a
             former
             leading
             Opinion
             of
             the
             Lawyers
             &
             Parliament
             ,
             a
             Declarative
             Law
             was
             made
             :
             
             
               That
               all
               Children
               born
               without
               the
               Kings
               Legiance
               ,
               whose
               Father
               and
               Mother
               ,
               at
               the
               time
               of
               their
               birth
               ,
               shall
               be
               under
               the
               Faith
               and
               Legiance
               of
               the
               King
               of
            
             England
             ,
             
               shall
               have
               the
               benefit
               of
               Inheritance
               within
               the
               same
               Legiance
               ,
               as
               other
               Inheritors
               have
               .
            
             These
             are
             the
             words
             of
             the
             Statute
             ,
             and
             do
             occasion
             a
             double
             observation
             ;
             one
             from
             the
             matter
             ,
             the
             other
             from
             the
             manner
             of
             the
             Expression
             .
          
           
             The
             Subject
             matter
             is
             so
             delivered
             ,
             not
             as
             an
             Introduction
             of
             a
             new
             Law
             ,
             but
             as
             a
             Declarative
             of
             the
             old
             ,
             that
             lay
             more
             obscurely
             hidden
             ,
             for
             want
             of
             occasion
             to
             reveal
             it
             ;
             and
             the
             substance
             thereof
             resteth
             onely
             in
             this
             :
             To
             enable
             the
             Children
             of
             English
             Natives
             ,
             born
             beyond
             the
             Seas
             ;
             not
             the
             Children
             of
             those
             that
             are
             of
             foreign
             birth
             ,
             though
             within
             the
             Kings
             Territories
             in
             those
             parts
             ,
             as
             the
             Opinion
             hath
             been
             .
             Nor
             doth
             any
             ancient
             Precedent
             or
             Case
             warrant
             the
             same
             ;
             as
             might
             be
             at
             large
             manifested
             ,
             if
             it
             might
             conduce
             to
             the
             end
             of
             this
             Discourse
             .
             And
             for
             the
             same
             cause
             ,
             after
             this
             Statute
             ,
             whenas
             the
             Commons
             would
             have
             had
             a
             general
             Naturalizing
             of
             all
             Infants
             born
             beyond
             the
             Sea
             ,
             within
             the
             Kings
             Segniories
             ;
             the
             same
             would
             not
             be
             granted
             ,
             
             otherwise
             than
             according
             to
             the
             former
             Statute
             ,
             and
             the
             Common
             Law.
             
          
           
             That
             which
             in
             the
             next
             place
             concerneth
             the
             manner
             of
             Expression
             ,
             is
             this
             :
             
               That
               a
               Child
               is
               said
               to
               be
               born
               out
               of
               the
               Kings
               Legiance
               ,
               and
               yet
               the
               Father
               and
               Mother
               at
               the
               same
               time
               to
               be
               of
               the
               Faith
               and
               Legiance
               of
               the
               King
               of
            
             England
             .
             It
             seemeth
             to
             me
             ,
             that
             it
             intendeth
             onely
             those
             Children
             of
             English
             Parents
             ,
             born
             within
             the
             Kings
             Territories
             beyond
             the
             Seas
             ,
             because
             the
             words
             ensuing
             ,
             concerning
             Certification
             of
             Bastardy
             of
             such
             Children
             ,
             are
             ,
             
               That
               the
               same
               shall
               be
               made
               by
               the
               Bishop
               of
               such
               place
               ,
               upon
               the
               Kings
               Writ
               directed
               to
               him
            
             ;
             which
             could
             never
             have
             passed
             into
             those
             places
             that
             are
             not
             of
             the
             Kings
             Territories
             :
             And
             so
             the
             Issue
             will
             be
             ,
             That
             the
             Legiance
             of
             those
             born
             in
             those
             parts
             ,
             though
             they
             are
             Leiges
             to
             the
             King
             ,
             yet
             they
             are
             not
             of
             the
             Legiance
             of
             the
             King
             of
             England
             ,
             but
             as
             Lord
             of
             that
             Territory
             .
          
           
             The
             other
             matter
             to
             be
             observed
             concerning
             pleading
             in
             the
             Courts
             of
             Civil
             Justice
             ,
             is
             this
             :
             That
             whereas
             anciently
             ,
             from
             the
             Normans
             time
             ,
             till
             these
             times
             ,
             
             the
             pleadings
             were
             in
             the
             Norman
             Tongue
             ,
             they
             shall
             be
             henceforth
             in
             English
             ;
             out
             of
             an
             inconvenience
             ,
             I
             believe
             ,
             rather
             supposed
             than
             felt
             .
             For
             though
             some
             kind
             of
             knowledge
             of
             Law-terms
             may
             be
             encreased
             
             thereby
             ,
             yet
             unless
             that
             shall
             be
             professedly
             studied
             ,
             it
             will
             breed
             nothing
             but
             Notions
             ,
             and
             they
             an
             over-weening
             conceit
             ,
             which
             many
             times
             sets
             men
             to
             Suits
             in
             Law
             to
             their
             own
             loss
             ;
             like
             some
             weak
             influence
             of
             the
             Celestial
             Bodies
             ,
             that
             are
             strong
             enough
             to
             stir
             up
             humours
             ,
             but
             not
             to
             expel
             them
             ,
             or
             draw
             them
             out
             .
             However
             ,
             even
             thus
             in
             part
             is
             the
             reproach
             of
             Normandy
             rolled
             away
             ,
             like
             that
             of
             Egypt
             from
             the
             Israelites
             at
             Mount
             Gilgal
             .
          
        
         
           
             CHAP.
             XI
             .
             Of
             the
             Militia
             in
             these
             times
             .
          
           
             WAR
             is
             ever
             terrible
             ,
             but
             if
             just
             and
             well
             governed
             ,
             Majestical
             :
             the
             one
             may
             excite
             resistance
             and
             defence
             ,
             but
             the
             other
             conquers
             before
             blow
             given
             ;
             because
             it
             convinceth
             the
             Judgment
             ,
             and
             so
             prevails
             upon
             the
             Conscience
             .
             For
             that
             heart
             can
             never
             be
             resolute
             in
             its
             own
             defence
             ,
             that
             is
             at
             War
             with
             its
             own
             understanding
             ;
             nor
             can
             such
             a
             heart
             consider
             such
             a
             War
             otherwise
             than
             as
             Divine
             ,
             and
             bearing
             the
             face
             of
             an
             Ordinance
             of
             God
             ;
             and
             then
             how
             can
             the
             Issue
             be
             unsuccessful
             ?
             It
             is
             no
             strange
             thing
             for
             Kings
             to
             miscarry
             in
             their
             Wars
             ,
             because
             it
             is
             rarely
             seen
             that
             they
             are
             under
             good
             Counsel
             ;
             but
             if
             a
             Christian
             Counsel
             miscarry
             ,
             we
             may
             conclude
             it
             extraordinary
             in
             the
             efficient
             cause
             ,
             and
             no
             less
             wonderful
             in
             the
             issue
             and
             end
             .
             Upon
             this
             ground
             it
             concerneth
             a
             Christian
             Nation
             ,
             not
             onely
             in
             point
             of
             honour
             ,
             but
             of
             safety
             and
             continuance
             ,
             to
             settle
             fundamental
             Laws
             of
             War
             ,
             against
             time
             of
             War
             ;
             as
             of
             Peace
             in
             time
             of
             Peace
             .
             Neither
             was
             England
             deficient
             herein
             ,
             saving
             that
             antient
             times
             were
             more
             obscure
             in
             the
             particulars
             ,
             and
             these
             days
             revealed
             them
             at
             such
             a
             time
             ,
             wherein
             we
             may
             say
             ,
             that
             Edward
             the
             Third
             approved
             himself
             not
             onely
             King
             of
             England
             ,
             but
             of
             himself
             ,
             above
             the
             ordinary
             strain
             of
             expectation
             .
             For
             being
             now
             become
             a
             famous
             Commander
             and
             Conquerour
             ,
             having
             also
             an
             Army
             inured
             to
             fight
             and
             overcome
             ,
             and
             so
             might
             have
             given
             a
             Law
             ;
             he
             nevertheless
             received
             the
             same
             ,
             submitting
             both
             it
             and
             himself
             to
             the
             Directory
             of
             the
             Parliament
             in
             making
             a
             War
             with
             France
             ,
             which
             was
             three
             to
             one
             against
             him
             in
             very
             respect
             ,
             but
             in
             the
             Title
             ,
             besides
             the
             disadvantage
             from
             Scotland
             ,
             that
             lay
             continually
             beating
             upon
             his
             Rear
             .
             The
             like
             may
             be
             observed
             of
             his
             War
             with
             Scotland
             ;
             in
             both
             which
             he
             evidently
             telleth
             the
             World
             ,
             that
             he
             held
             it
             unreasonable
             to
             enter
             upon
             the
             managing
             of
             an
             offensive
             
               Foreign
               War
            
             ,
             without
             the
             concurrence
             of
             the
             common
             consent
             of
             the
             People
             ;
             and
             that
             not
             onely
             for
             the
             thing
             it self
             ,
             but
             also
             for
             his
             own
             Personal
             Engagement
             in
             the
             Service
             .
             For
             a
             King
             ,
             though
             he
             be
             the
             Generalissimo
             ,
             yet
             is
             he
             so
             from
             the
             People
             ;
             and
             his
             Person
             being
             of
             that
             high
             value
             ,
             is
             not
             to
             be
             exposed
             to
             every
             occasion
             that
             may
             provoke
             War
             ,
             without
             due
             advice
             first
             had
             with
             the
             
               publick
               Council
            
             ;
             because
             in
             his
             Person
             the
             People
             adventureth
             as
             well
             as
             himself
             .
             And
             in
             this
             manner
             were
             the
             Wars
             in
             France
             by
             Edward
             the
             Third
             ,
             and
             in
             Scotland
             ,
             concluded
             upon
             debate
             .
             In
             the
             next
             place
             ,
             as
             touching
             the
             Arrays
             of
             Men
             for
             War
             ,
             I
             find
             no
             foot-steps
             of
             any
             power
             which
             was
             claimed
             as
             peculiar
             to
             the
             King
             therein
             ,
             and
             acknowledged
             
             by
             the
             Parliament
             ;
             but
             many
             instances
             do
             I
             meet
             with
             in
             the
             opposite
             ;
             all
             which
             do
             plainly
             tell
             us
             ,
             
             that
             the
             old
             shifts
             of
             Jurati
             and
             
               Obligati
               ad
               arma
            
             ,
             
             could
             do
             little
             either
             in
             the
             calling
             of
             men
             forth
             ,
             or
             arming
             them
             for
             the
             War.
             But
             in
             case
             of
             publick
             defence
             against
             Foreigners
             ,
             men
             were
             summoned
             upon
             their
             Legiance
             as
             anciently
             was
             used
             .
             
             And
             this
             was
             by
             both
             King
             and
             Parliament
             fully
             declared
             ,
             and
             all
             such
             Obligations
             by
             writing
             called
             in
             and
             damned
             as
             dishonourable
             to
             the
             King.
             In
             foreign
             service
             the
             course
             was
             no
             less
             regular
             :
             if
             the
             War
             was
             by
             special
             direction
             of
             the
             Parliament
             ,
             they
             likewise
             ordered
             the
             manner
             of
             the
             raising
             of
             Souldiers
             ,
             viz.
             
             so
             many
             out
             of
             a
             County
             ,
             and
             so
             many
             out
             of
             a
             Burrough
             ;
             all
             which
             are
             by
             the
             express
             words
             of
             the
             Statute
             said
             to
             be
             granted
             by
             the
             Knights
             and
             Burgesses
             .
          
           
             But
             if
             it
             was
             onely
             upon
             the
             King
             's
             particular
             instigation
             ,
             and
             not
             by
             order
             or
             consent
             of
             the
             Parliament
             ,
             
             the
             King
             in
             such
             case
             being
             Voluntier
             ,
             all
             the
             Souldiers
             were
             in
             like
             manner
             ;
             unless
             some
             particular
             Law
             or
             Tenure
             otherwise
             obliged
             them
             .
             As
             touching
             the
             arming
             of
             Souldiers
             ,
             the
             Law
             was
             yet
             more
             certain
             and
             particular
             .
             If
             the
             Souldiers
             were
             men
             of
             Estate
             ,
             they
             were
             armed
             according
             to
             the
             ancient
             rule
             ,
             asserted
             by
             the
             Statute
             at
             Winton
             ;
             or
             otherwise
             were
             especially
             assessed
             by
             the
             Parliament
             ,
             or
             by
             virtue
             of
             their
             Tenures
             .
             The
             first
             of
             these
             is
             confirmed
             by
             Edward
             the
             Third
             in
             Parliament
             ,
             wherein
             he
             willeth
             ,
             that
             no
             man
             shall
             be
             urged
             to
             arm
             himself
             otherwise
             than
             he
             was
             wont
             in
             the
             times
             of
             his
             Ancestors
             Kings
             of
             England
             .
             
             The
             two
             latter
             were
             likewise
             confirmed
             by
             another
             Law
             ,
             made
             in
             the
             same
             Kings
             time
             ,
             whereby
             it
             was
             ordained
             ,
             
               That
               no
               Man
               shall
               be
               constrained
               to
               find
               Men
               of
               Arms
               ,
               Hoblers
               ,
               nor
               Archers
               ,
               other
               than
               those
               which
               hold
               by
               such
               services
               ,
               if
               it
               be
               not
               by
               common
               consent
               and
               grant
               made
               in
               Parliament
               .
            
             
             By
             
               Men
               of
               Arms
            
             ,
             meaning
             those
             which
             we
             now
             call
             Curiassieres
             ,
             or
             compleat
             armed
             ;
             by
             Hoblers
             ,
             meaning
             those
             now
             called
             
               light
               Horse-men
            
             .
             The
             Archers
             served
             on
             Foot
             ,
             and
             were
             principally
             armed
             with
             Bows
             ,
             although
             they
             had
             also
             Swords
             ,
             or
             other
             such
             offensive
             portable
             Weapons
             .
          
           
             The
             first
             of
             these
             concerneth
             onely
             the
             arming
             of
             a
             man
             's
             own
             person
             ,
             the
             other
             the
             finding
             of
             Souldiers
             ,
             and
             arming
             of
             them
             ,
             and
             both
             together
             sufficient
             for
             the
             safeguard
             of
             the
             Rights
             and
             Liberties
             of
             the
             People
             ,
             invaded
             in
             those
             times
             by
             Commissions
             of
             Array
             ,
             and
             such
             other
             expressions
             of
             Prerogative
             Royal
             :
             for
             as
             touching
             the
             arming
             of
             a
             man
             's
             own
             person
             ,
             the
             Statute
             of
             1
             Edward
             3.
             formerly
             mentioned
             ;
             is
             clear
             in
             the
             point
             .
             And
             though
             the
             Statute
             of
             25
             Edward
             3.
             doth
             not
             in
             the
             latter
             direct
             ,
             as
             touching
             the
             finding
             Arms
             for
             others
             ,
             as
             is
             urged
             in
             his
             Majesty's
             Answer
             to
             the
             Declaration
             of
             the
             Parliament
             concerning
             the
             Commission
             of
             
               Array
               ,
               July
            
             
             4.
             1642.
             yet
             is
             it
             therein
             granted
             ,
             that
             a
             
               compleat
               Souldier
            
             is
             within
             the
             Letter
             of
             the
             Statute
             ;
             and
             seeing
             the
             person
             of
             the
             Souldier
             is
             not
             in
             the
             power
             of
             any
             private
             person
             in
             such
             cases
             to
             command
             him
             to
             the
             service
             ,
             it
             seemeth
             clear
             to
             me
             ,
             that
             the
             Statute
             must
             intend
             the
             arming
             of
             him
             with
             
               compleat
               Arms
            
             ,
             and
             not
             the
             armed
             person
             of
             the
             man.
             The
             Souldiery
             thus
             arrayed
             ,
             
             they
             are
             in
             the
             next
             place
             to
             be
             called
             to
             their
             Rendezvouz
             ;
             
             the
             Knights
             by
             Summons
             sent
             to
             the
             Sheriff
             ,
             but
             the
             rest
             by
             Proclamation
             .
             If
             the
             Knights
             appear
             not
             ,
             a
             Fine
             is
             set
             upon
             them
             :
             if
             others
             run
             away
             from
             their
             Conduct
             ,
             a
             Writ
             issued
             to
             the
             Serjeant
             at
             Arms
             to
             apprehend
             them
             ;
             if
             they
             were
             not
             arrayed
             ,
             then
             the
             Recognizances
             of
             such
             as
             undertook
             the
             work
             ,
             are
             estreated
             .
             All
             plunder
             or
             spoil
             committed
             by
             the
             Souldiers
             in
             their
             Conduct
             ,
             
             
             was
             to
             be
             satisfied
             by
             the
             Conductor
             or
             Commander
             that
             received
             their
             Pay
             ,
             
             or
             Charges
             for
             their
             Conduct
             .
             And
             although
             the
             Charges
             for
             Conduct
             had
             formerly
             
               de
               facto
            
             been
             defrayed
             sometimes
             by
             the
             County
             by
             virtue
             of
             Commissions
             that
             issued
             forth
             ,
             both
             for
             the
             raising
             and
             conducting
             of
             them
             ;
             yet
             was
             this
             no
             rule
             ,
             nor
             did
             Edward
             the
             Third
             claim
             any
             such
             duty
             ,
             but
             disclaimed
             it
             ,
             and
             ordained
             by
             Act
             of
             Parliament
             ,
             That
             both
             the
             Pay
             and
             
             Conduct-money
             ,
             should
             be
             disbursed
             by
             the
             King
             ,
             
             from
             the
             time
             of
             their
             departure
             from
             their
             several
             Counties
             .
             For
             to
             this
             end
             ,
             
             and
             for
             the
             safeguard
             of
             the
             Realm
             ,
             and
             for
             the
             maintenance
             of
             the
             Wars
             of
             
               Scotland
               ,
               France
            
             ,
             and
             Gascoign
             ,
             the
             King
             had
             supply
             from
             
               Aids
               ,
               Reliefs
               ,
               Wardship●
               ,
               Marriages
               ,
               Customs
               ,
            
             
             and
             Escheats
             :
             Nor
             did
             the
             Parliament
             grant
             any
             particular
             Aid
             by
             the
             Assessment
             or
             publick
             Tax
             ,
             but
             when
             they
             evidently
             saw
             the
             burthen
             of
             War
             to
             be
             extraordinary
             ;
             as
             it
             befel
             in
             the
             Conquest
             of
             so
             great
             and
             potent
             a
             Realm
             as
             France
             was
             .
             Wherein
             although
             the
             Taxes
             were
             many
             ,
             yet
             so
             well
             ordered
             were
             they
             ,
             and
             with
             that
             compliance
             from
             the
             King
             ,
             that
             the
             people
             endured
             them
             with
             much
             patience
             ,
             so
             long
             as
             the
             King
             lived
             .
             Lastly
             ,
             in
             all
             these
             Cases
             of
             
               Foreign
               Wars
            
             (
             for
             of
             such
             Cases
             onely
             these
             Laws
             are
             to
             be
             understood
             )
             
             it
             was
             especially
             provided
             ,
             
               That
               no
               man
               should
               be
               distrained
               ,
               or
               urged
               against
               his
               will
               ,
               to
               go
               out
               of
               his
               County
               .
            
             But
             in
             case
             of
             
               defensive
               War
            
             ,
             the
             course
             was
             otherwise
             :
             for
             all
             men
             in
             such
             cases
             are
             bound
             by
             the
             Law
             of
             Nature
             to
             defend
             their
             own
             Country
             from
             Invasion
             ,
             in
             order
             to
             the
             safety
             of
             their
             own
             Estates
             and
             Habitations
             .
             They
             were
             arrayed
             ,
             or
             gathered
             together
             by
             
               Commission
               of
               Array
            
             from
             the
             King
             ,
             armed
             according
             to
             the
             Laws
             formerly
             mentioned
             ,
             and
             not
             by
             Arbitrary
             order
             of
             the
             Commissioners
             .
             And
             by
             virtue
             of
             such
             Commissions
             ,
             they
             were
             drawn
             forth
             and
             led
             to
             places
             where
             need
             required
             .
             Sometimes
             to
             one
             Coast
             ,
             sometimes
             to
             another
             ,
             yet
             not
             altogether
             at
             the
             Kings
             pleasure
             :
             for
             the
             Parliament
             upon
             occasion
             set
             rules
             of
             Restriction
             ,
             
             and
             generally
             exempted
             the
             North-parts
             beyond
             Humber
             ,
             from
             being
             drawn
             Southward
             ,
             and
             left
             them
             as
             a
             reserve
             for
             the
             defence
             of
             the
             Marches
             bordering
             upon
             Scotland
             ;
             and
             sometimes
             ordered
             the
             Array
             should
             be
             executed
             onely
             in
             some
             particular
             Counties
             ,
             and
             other
             times
             wholly
             exempted
             the
             County
             adjacent
             ,
             
             within
             six
             miles
             of
             the
             Sea-coast
             .
             And
             because
             the
             King
             might
             under
             colour
             of
             a
             defence
             ,
             array
             the
             people
             ,
             where
             no
             such
             occasion
             led
             the
             way
             ,
             and
             command
             them
             out
             of
             their
             Counties
             ,
             
             a
             Statute
             is
             made
             that
             states
             the
             Case
             wherein
             such
             Array
             shall
             be
             ;
             the
             words
             whereof
             are
             variously
             set
             forth
             in
             the
             Books
             in
             print
             ,
             whether
             determinatively
             ,
             or
             carelesly
             ,
             I
             cannot
             tell
             ;
             but
             all
             of
             them
             to
             differ
             in
             sence
             one
             from
             another
             ,
             and
             from
             the
             Truth
             .
          
           
             Some
             of
             the
             common
             Books
             have
             the
             words
             thus
             :
             
               None
               shall
               be
               distrained
               to
               go
               out
               of
               their
               Counties
               ,
               unless
               for
               cause
               of
               necessity
               ,
               and
               of
               sudden
               coming
               of
               Strangers
               or
               Enemies
               into
               the
               Kingdom
               .
            
             Others
             read
             it
             thus
             :
             
               But
               where
               necessity
               requireth
               ,
               and
               the
               coming
               of
               strange
               Enemies
               into
               the
               Kingdom
               .
            
             
             The
             Kings
             Answer
             to
             the
             Parliaments
             Declaration
             concerning
             the
             
               Commission
               of
               Array
            
             ,
             would
             read
             it
             thus
             :
             
               Vnless
               in
               case
               of
               Necessity
               ,
               or
               of
               sudden
               coming
               of
               strange
               Enemies
               ,
            
             &c.
             
             But
             the
             words
             in
             the
             Roll
             are
             these
             :
             
               Et
               que
               nulls
               ne
               soient
               distresses
               d'aller
               hors
               de
               les
               Countees
               ,
               si
               non
               pur
               Cause
               de
               necessity
               ,
               de
               suddaine
               venue
               des
               Stranges
               Enemies
               en
               Reyaulme
               .
            
             In
             English
             thus
             ,
             word
             for
             word
             :
             
               And
               that
               none
               be
               distrained
               to
               go
               out
               of
               the
               Counties
               ,
               if
               not
               for
               cause
               of
               Necessity
               ,
               of
               sudden
               coming
               of
               strange
               Enemies
               into
               or
               in
               the
               Kingdom
               :
            
             which
             words
             determine
             the
             point
             .
             
             That
             none
             shall
             be
             by
             
               Commission
               of
               Array
            
             drawn
             out
             of
             their
             County
             ,
             but
             in
             case
             of
             necessity
             .
             And
             secondly
             ,
             that
             this
             case
             of
             necessity
             ,
             is
             onely
             
               the
               coming
               of
               strange
               Enemies
               into
               or
               in
               the
               Kingdom
            
             ;
             so
             as
             probably
             the
             Invasion
             must
             be
             actual
             ,
             before
             they
             be
             drawn
             out
             of
             their
             Counties
             ,
             and
             not
             onely
             feared
             ;
             and
             it
             must
             be
             a
             
               sudden
               Invasion
            
             ,
             and
             not
             of
             publick
             note
             ,
             and
             common
             fame
             foregoing
             ;
             for
             then
             the
             ordinary
             course
             ,
             either
             of
             Parliament
             or
             otherwise
             must
             ,
             be
             used
             to
             call
             those
             that
             are
             bound
             by
             Statute
             or
             Tenures
             ,
             or
             Voluntiers
             ,
             to
             that
             service
             ,
             seeing
             every
             Invasion
             is
             not
             so
             fatal
             as
             to
             require
             a
             Commission
             for
             a
             
               General
               Array
            
             .
             Against
             what
             hath
             been
             thus
             noted
             ,
             the
             judgement
             of
             Sir
             
               Edward
               Coke
            
             in
             
             Calvin's
             Case
             lies
             yet
             in
             the
             way
             ,
             who
             affirmeth
             ,
             
               that
               the
               Subjects
               of
            
             
             England
             
               are
               bound
               by
               their
               Legiance
               to
               go
               with
               the
               King
               in
               his
               Wars
               ,
               as
               well
               within
               the
               Realm
               ,
               as
               without
            
             ;
             and
             this
             Legiance
             he
             telleth
             us
             ,
             
               is
               that
               natural
               Legiance
               which
            
             ,
             he
             saith
             ,
             
               is
               absolute
               and
               indefinite
            
             ,
             &c.
             
               and
               not
               local
            
             ;
             which
             if
             not
             so
             ,
             then
             were
             not
             the
             English
             bound
             to
             go
             out
             of
             England
             ;
             an
             inference
             that
             is
             neither
             necessary
             ,
             nor
             is
             the
             thing
             affirmed
             certain
             .
             It
             is
             not
             necessary
             ,
             because
             
               English
               men
            
             may
             be
             bound
             to
             go
             out
             of
             England
             ;
             by
             vertue
             of
             their
             Tenures
             ,
             particular
             Contract
             ,
             or
             else
             by
             special
             Act
             of
             Parliament
             ,
             and
             not
             by
             vertue
             of
             that
             
               natural
               Legiance
            
             which
             in
             truth
             is
             nowhere
             .
          
           
             Now
             for
             the
             maintenance
             of
             the
             point
             ,
             the
             Reporter
             alledgeth
             two
             Statutes
             affirming
             the
             thing
             ,
             and
             common
             practice
             ;
             and
             lastly
             ,
             Authorities
             of
             the
             Judges
             of
             the
             Common
             Law.
             
             As
             touching
             the
             Statutes
             ,
             one
             in
             Henry
             the
             Seventh's
             time
             ,
             and
             the
             other
             in
             Edward
             the
             Sixth's
             time
             ,
             I
             shall
             speak
             of
             them
             in
             the
             succeeding
             times
             ,
             when
             we
             come
             at
             them
             ,
             for
             they
             are
             no
             Warrant
             of
             the
             Law
             in
             these
             times
             whereof
             we
             now
             treat
             ;
             much
             less
             is
             the
             modern
             practice
             of
             these
             later
             days
             ,
             a
             demonstration
             of
             the
             Law
             in
             the
             times
             of
             Edward
             the
             Third
             ,
             nor
             of
             the
             nature
             of
             the
             Law
             in
             any
             time
             ,
             seeing
             that
             it
             is
             obvious
             to
             times
             ,
             as
             well
             as
             particular
             persons
             ,
             to
             do
             and
             suffer
             things
             to
             be
             done
             which
             ought
             not
             so
             to
             be
             ;
             and
             therefore
             I
             shall
             for
             the
             present
             lay
             those
             two
             Considerations
             aside
             .
             But
             as
             touching
             the
             Opinions
             of
             the
             Judges
             of
             the
             Common
             Law
             ,
             two
             Cases
             are
             cited
             in
             the
             Affirmative
             ,
             which
             seem
             in
             the
             Negative
             ;
             and
             the
             rest
             conclude
             not
             to
             the
             point
             .
          
           
             The
             first
             of
             the
             two
             Cases
             ,
             is
             the
             opinion
             of
             Justice
             Thirning
             in
             the
             time
             of
             Henry
             the
             Fourth
             ,
             
             word
             for
             word
             thus
             :
             
               A
               Protection
               lies
               for
               the
               Defendant
               in
               a
               Writ
               upon
               the
               Statute
               of
               Labourers
               ,
               and
               yet
               the
               Defendant
               shall
               not
               have
               such
               matter
               by
               way
               of
               Plea
               ,
            
             viz.
             
               That
               the
               King
               hath
               retained
               him
               to
               go
               beyond
               the
               Sea
               :
               for
               the
               King
               cannot
               compel
               a
               man
               to
               go
               out
               of
               the
               Kingdom
            
             ;
             that
             is
             (
             as
             the
             Reporter
             saith
             )
             
               Not
               without
               Wages
            
             ;
             intimating
             thereby
             ,
             that
             if
             the
             King
             shall
             tender
             Wages
             to
             any
             Man
             ,
             he
             must
             go
             whither
             the
             King
             shall
             please
             to
             send
             him
             ;
             which
             is
             not
             onely
             destructive
             to
             the
             opinion
             of
             Thirning
             concerning
             the
             Plea
             ,
             but
             also
             (
             though
             granted
             )
             is
             destructive
             to
             the
             Reporter's
             Judgement
             in
             the
             main
             point
             .
             For
             if
             an
             
               English
               man
            
             may
             refuse
             to
             go
             without
             Wages
             ,
             then
             is
             he
             not
             bound
             to
             go
             by
             any
             
               natural
               absolute
               Legiance
            
             ,
             as
             the
             Reporter
             would
             have
             it
             .
             And
             as
             touching
             the
             second
             Case
             ,
             which
             is
             
             Bigot's
             and
             
             Bohun's
             Case
             ,
             it
             cleareth
             the
             same
             thing
             ;
             for
             it
             was
             resolved
             ,
             
               that
               they
               ought
               to
               go
               but
               in
               manner
               and
               form
               according
               to
               the
               Statutes
            
             ;
             then
             is
             not
             the
             ground
             in
             the
             
               absolute
               Legiance
            
             ,
             for
             that
             is
             not
             qualified
             but
             in
             the
             positive
             Statute-law
             ,
             which
             tieth
             onely
             in
             manner
             and
             form
             ,
             and
             that
             by
             voluntary
             consent
             in
             Parliament
             .
          
           
             The
             rest
             of
             the
             Cases
             do
             neither
             conclude
             the
             main
             point
             ,
             nor
             the
             particular
             thing
             that
             the
             Reporter
             intendeth
             :
             For
             he
             would
             imply
             to
             the
             
             Reader
             ,
             that
             
               English
               men
            
             were
             anciently
             used
             to
             be
             imprested
             for
             the
             Wars
             in
             France
             :
             and
             hereunto
             he
             voucheth
             one
             Authority
             out
             of
             ancient
             Reports
             of
             Law
             in
             Edward
             the
             Third's
             time
             ,
             
             one
             Anthority
             in
             the
             time
             of
             Henry
             the
             Fourth
             ,
             
             and
             three
             in
             the
             time
             of
             Henry
             the
             Sixth
             ;
             none
             of
             all
             which
             do
             speak
             one
             word
             concerning
             Impresting
             .
             And
             that
             in
             Edward
             the
             Third
             doth
             imply
             the
             contrary
             ;
             
             for
             the
             Case
             is
             ,
             that
             in
             a
             
               Praecipe
               quod
               reddat
            
             ,
             a
             Protection
             was
             offered
             by
             the
             Defendant
             ,
             as
             appointed
             to
             go
             beyond
             the
             Sea
             with
             the
             Duke
             of
             Lancaster
             ;
             and
             the
             Plaintiffs
             Counsel
             alledged
             ,
             
               That
               the
               Defendant
               had
               been
               beyond
               Sea
               with
               the
               Duke
               ,
               and
               was
               returned
               .
            
             To
             this
             the
             Defendant's
             Counset
             answered
             ,
             
               That
               the
               Duke
               was
               ready
               to
               return
               again
            
             ;
             and
             for
             this
             cause
             the
             Protection
             was
             not
             allowed
             .
             Yet
             a
             Quere
             is
             made
             upon
             this
             ground
             ,
             that
             it
             might
             be
             that
             the
             Defendant
             would
             not
             go
             over
             with
             him
             ,
             nor
             was
             it
             proved
             that
             he
             would
             ;
             which
             sheweth
             plainly
             ,
             the
             party
             was
             not
             imprested
             ;
             for
             then
             the
             thing
             had
             not
             been
             in
             his
             power
             to
             will
             or
             nill
             .
          
           
             The
             last
             instance
             that
             the
             Reporter
             produceth
             ,
             is
             that
             of
             
               Forinsecum
               Servitium
            
             ,
             or
             
               Foreign
               Service
            
             ,
             and
             that
             seemeth
             to
             be
             Knight-service
             to
             be
             performed
             abroad
             .
             But
             this
             falleth
             short
             of
             the
             Reporter's
             intention
             in
             three
             respects
             .
          
           
             First
             ,
             Though
             it
             belongeth
             to
             the
             King
             ,
             yet
             not
             to
             him
             onely
             ,
             but
             to
             other
             chief
             Lords
             ;
             
             so
             saith
             Bracton
             .
          
           
             Secondly
             ,
             It
             is
             not
             due
             from
             every
             
               English
               man.
            
             
          
           
             And
             lastly
             ,
             It
             is
             a
             Service
             due
             by
             vertue
             of
             Tenure
             ,
             and
             then
             the
             Conclusion
             will
             be
             ,
             That
             which
             is
             due
             by
             Tenure
             of
             Lands
             ,
             is
             not
             due
             by
             natural
             and
             
               absolute
               Legiance
            
             :
             and
             so
             this
             
               Foreign
               Service
            
             arising
             meerly
             by
             compact
             and
             agreement
             between
             Lord
             and
             Tenant
             ,
             and
             not
             by
             the
             
               natural
               duty
            
             of
             an
             English-born
             Subject
             ,
             (
             which
             is
             the
             thing
             that
             the
             Reporter
             drives
             at
             in
             all
             his
             discourse
             )
             will
             be
             so
             far
             from
             maintaining
             the
             Reporters
             opinion
             ,
             as
             it
             will
             evidently
             destroy
             the
             same
             .
          
           
             And
             thus
             the
             posture
             of
             this
             Nation
             in
             the
             Field
             remaineth
             regular
             in
             the
             rule
             ,
             whatever
             hath
             been
             said
             against
             it
             ;
             notwithstanding
             that
             in
             the
             very
             instant
             of
             Action
             there
             may
             be
             some
             irregularity
             ,
             which
             no
             doubt
             both
             was
             ,
             and
             ever
             will
             be
             ,
             in
             stormy
             times
             .
             Nor
             did
             it
             conquer
             the
             Law
             :
             For
             though
             War
             may
             seem
             to
             be
             but
             a
             sickness
             of
             the
             State
             ,
             yet
             being
             in
             Truth
             ,
             as
             the
             
               Vltimum
               refugium
            
             ,
             and
             onely
             reserve
             unto
             Law
             ,
             beaten
             to
             a
             retreat
             by
             opression
             ;
             it
             is
             no
             wonder
             if
             this
             motion
             ,
             or
             rather
             commotion
             ,
             that
             brings
             on
             the
             Law
             of
             Peace
             in
             the
             Rear
             ,
             be
             still
             and
             ever
             subject
             to
             rule
             of
             Law
             ,
             how
             unruly
             soever
             it self
             seemeth
             to
             be
             .
             Now
             because
             Law
             imports
             execution
             ,
             and
             that
             presupposes
             a
             Trial
             ,
             and
             it
             a
             Court
             ;
             therefore
             did
             our
             Ancestors
             (
             amongst
             other
             Courts
             not
             regulated
             by
             the
             Common
             Law
             )
             form
             a
             Court
             for
             the
             service
             of
             War
             ,
             called
             the
             Court-Marshal
             ,
             or
             the
             
               Constables
               Court
            
             ,
             according
             as
             the
             Office
             of
             one
             or
             the
             other
             had
             the
             preheminence
             .
             The
             proceedings
             herein
             were
             ordered
             ,
             as
             I
             said
             ,
             not
             accordiag
             to
             the
             Common
             Law
             ,
             for
             that
             is
             like
             the
             Land
             ,
             much
             distant
             from
             all
             other
             Nations
             ;
             and
             the
             Negotiation
             of
             this
             Island
             with
             other
             Nations
             (
             as
             in
             time
             of
             Peace
             ,
             so
             of
             War
             )
             requires
             a
             rule
             common
             to
             all
             those
             Nations
             ,
             or
             otherwise
             no
             Negotiation
             can
             be
             maintained
             .
             And
             for
             this
             cause
             the
             proceedings
             in
             this
             Court
             were
             ever
             according
             to
             the
             rule
             of
             the
             
               Civil
               Law.
            
             The
             work
             of
             this
             Court
             is
             principally
             Judicial
             ,
             and
             in
             some
             cases
             Ministerial
             .
          
           
             The
             first
             reflects
             upon
             cause
             Foreign
             and
             Domestick
             ,
             and
             both
             of
             those
             
             are
             either
             Criminal
             ,
             and
             such
             as
             concern
             the
             common
             Peace
             of
             the
             place
             of
             War
             ,
             or
             more
             civil
             ,
             relating
             onely
             unto
             private
             interest
             .
             As
             touching
             the
             first
             of
             these
             ,
             I
             suppose
             it
             is
             no
             Bull
             ,
             to
             speak
             of
             a
             
               common
               Peace
            
             ,
             in
             the
             place
             of
             War.
             For
             a
             
               common
               Peace
            
             must
             be
             in
             each
             party
             within
             it self
             ,
             or
             otherwise
             no
             party
             at
             private
             variance
             can
             subsist
             within
             it self
             ,
             much
             less
             make
             War
             with
             the
             other
             ;
             and
             therefore
             in
             order
             unto
             War
             ,
             there
             must
             be
             a
             
               Law
               of
               Peace
            
             ,
             for
             the
             Trial
             of
             Offenders
             ,
             and
             punishing
             them
             for
             offences
             committed
             against
             the
             good
             Government
             of
             the
             War
             :
             Such
             as
             are
             
               breaking
               of
               Ranks
               ,
               deserting
               the
               Standard
               ,
               running
               away
               from
               the
               Colours
               ,
               Mutinies
               ,
               Murthers
               ,
               Rapes
               ,
               Plundering-private
               Quarrels
               ,
               disobedience
            
             to
             command
             ,
             and
             such-like
             ;
             all
             which
             do
             bear
             the
             shew
             of
             crimes
             against
             the
             
               common
               Peace
            
             of
             the
             Army
             and
             the
             Country
             .
          
           
             Of
             the
             second
             sort
             ,
             are
             matters
             concerning
             Quarter
             ,
             and
             Contracts
             in
             order
             to
             the
             government
             of
             the
             War
             ,
             saving
             such
             as
             are
             made
             before
             either
             part
             be
             inrolled
             for
             the
             War.
             For
             if
             a
             man
             doth
             covenant
             to
             serve
             in
             the
             War
             ,
             
             and
             keepth
             not
             his
             day
             at
             the
             first
             Rendezvouz
             ,
             he
             is
             to
             be
             attached
             by
             Writ
             at
             the
             Common
             Law.
             
             Causes
             Domestical
             likewise
             fall
             under
             the
             like
             division
             :
             for
             whatsoever
             cause
             may
             be
             Forein
             ,
             may
             also
             be
             Domestick
             ;
             because
             the
             Army
             is
             ever
             embodied
             within
             the
             Kingdom
             ,
             and
             must
             be
             under
             the
             Directory
             of
             the
             
               Martial
               law
            
             upon
             the
             first
             forming
             thereof
             .
             Now
             though
             the
             particular
             Laws
             of
             the
             Army
             ,
             for
             the
             government
             thereof
             ,
             be
             ordinarily
             according
             to
             the
             prudence
             of
             the
             General
             ,
             yet
             certain
             Fundamentals
             have
             been
             
               ab
               Antiquo
            
             ,
             made
             by
             Custom
             ,
             and
             the
             Parliament
             ,
             against
             which
             the
             course
             of
             Judicature
             must
             not
             go
             .
             And
             as
             the
             Parliament
             saw
             need
             ,
             
             it
             set
             also
             particular
             directions
             ;
             as
             for
             the
             payment
             of
             
               Souldiers
               Wages
            
             for
             remedy
             of
             wastings
             and
             plunderings
             in
             their
             own
             Country
             ,
             and
             other
             such
             emergencies
             .
             But
             the
             execution
             of
             all
             these
             Laws
             Originally
             was
             in
             the
             Marshal
             of
             the
             Army
             .
             And
             because
             that
             the
             Army
             was
             generally
             dissolved
             ,
             or
             such
             persons
             engaged
             in
             such
             matters
             of
             controversie
             departed
             from
             the
             Army
             before
             the
             same
             were
             concluded
             ,
             therefore
             the
             
               Marshals
               Court
            
             continued
             ,
             in
             order
             to
             the
             determining
             of
             these
             matters
             .
             And
             in
             continuance
             of
             time
             ,
             other
             matters
             also
             crowded
             into
             that
             Society
             ,
             although
             sometimes
             under
             the
             Directory
             of
             the
             Constable
             of
             England
             ,
             as
             well
             as
             at
             other
             times
             under
             the
             Marshal
             ;
             more
             particularly
             ,
             that
             power
             of
             determining
             matters
             concerning
             Torniament
             ;
             a
             sport
             that
             like
             a
             Sarcasm
             tickles
             the
             fancy
             ,
             but
             wounds
             the
             heart
             ;
             and
             being
             of
             as
             little
             use
             in
             a
             Commonwealth
             as
             of
             benefit
             ,
             therefore
             is
             laid
             aside
             ;
             nor
             need
             I
             to
             speak
             any
             more
             concerning
             it
             .
             There
             is
             one
             thing
             more
             somewhat
             like
             a
             Torniament
             ,
             but
             that
             it
             is
             in
             good
             earnest
             ,
             and
             that
             is
             called
             Duel
             .
             This
             cometh
             likewise
             within
             the
             Cognizance
             of
             this
             Court
             ,
             but
             in
             a
             Ministerial
             way
             ,
             and
             as
             subservient
             to
             the
             Common
             Law
             ,
             in
             cases
             of
             Appeal
             and
             Right
             .
             Hereof
             needs
             likewise
             little
             more
             than
             the
             naming
             ,
             and
             therefore
             I
             shall
             leave
             the
             Reader
             ,
             that
             would
             understand
             the
             particular
             managing
             thereof
             ,
             unto
             the
             discourse
             compiled
             by
             the
             Duke
             of
             Gloucester
             in
             Richard
             the
             Second's
             time
             .
             
          
           
             Lastly
             ,
             As
             touching
             the
             antiquity
             of
             this
             Court
             ,
             though
             it
             may
             be
             great
             ,
             yet
             the
             power
             thereof
             was
             doubtful
             ,
             and
             scarce
             taken
             notice
             of
             in
             any
             publick
             Act
             of
             State
             ,
             till
             about
             these
             times
             ;
             whenas
             a
             complaint
             was
             made
             by
             the
             Commons
             for
             the
             encroachment
             of
             that
             Court
             upon
             the
             Liberty
             of
             People
             ,
             and
             bounds
             of
             the
             Courts
             of
             Common
             Law.
             
             Nor
             is
             it
             strange
             ,
             that
             such
             unquiet
             times
             brought
             forth
             such
             Precedents
             ;
             but
             much
             more
             strange
             ,
             that
             the
             
               Common
               Law
            
             held
             up
             its
             head
             against
             such
             violent
             irruptions
             of
             War.
             
          
        
         
           
             CHAP.
             XII
             .
             Of
             the
             Peace
             .
          
           
             YOu
             have
             seen
             the
             Kingdom
             in
             Armour
             ,
             now
             see
             it
             in
             Robes
             ,
             and
             you
             will
             say
             that
             its
             Majesty
             therein
             is
             as
             grave
             ,
             as
             it
             was
             in
             the
             other
             brave
             .
             It
             is
             true
             ,
             the
             tempers
             are
             so
             contrary
             ,
             as
             it
             may
             be
             wondred
             how
             one
             and
             the
             same
             should
             be
             wise
             and
             willing
             for
             both
             :
             but
             when
             God
             will
             do
             much
             ,
             he
             gives
             much
             ,
             and
             can
             make
             a
             People
             as
             one
             man
             ,
             like
             unto
             Caleb
             ,
             fitted
             both
             for
             War
             and
             Peace
             .
             Besides
             ,
             the
             Times
             were
             now
             much
             conducing
             hereto
             .
             It
             is
             vain
             to
             endeavour
             to
             allay
             Humours
             in
             the
             Body
             which
             are
             maintained
             by
             Agitation
             ;
             they
             must
             be
             purged
             out
             ,
             or
             the
             whole
             will
             still
             be
             endangered
             :
             and
             therefore
             ,
             although
             Kings
             hitherto
             did
             endeavour
             to
             establish
             a
             peaceable
             Government
             ,
             yet
             being
             led
             by
             ill
             Principles
             of
             private
             Interests
             ,
             they
             laboured
             to
             little
             purpose
             .
             But
             now
             the
             Scene
             is
             altered
             ,
             and
             one
             wise
             moderate
             King
             ,
             that
             was
             as
             wise
             as
             valiant
             ,
             did
             more
             than
             they
             all
             .
             And
             first
             set
             a
             rule
             upon
             his
             own
             desires
             ,
             contenting
             himself
             with
             the
             condition
             of
             an
             English
             King
             ;
             and
             then
             upon
             his
             people
             ,
             making
             them
             contented
             with
             the
             condition
             of
             
               English
               men
            
             .
          
           
             The
             order
             herein
             was
             no
             less
             observable
             ;
             for
             the
             former
             wrangling
             Times
             having
             trained
             up
             the
             mindes
             of
             men
             in
             a
             tumultuous
             way
             nor
             could
             they
             skill
             to
             pace
             in
             the
             steps
             of
             Peace
             ,
             the
             King
             led
             them
             into
             Foreign
             parts
             to
             spend
             their
             heat
             ,
             till
             being
             either
             weak
             or
             weary
             ,
             they
             are
             contented
             to
             return
             home
             ,
             and
             study
             the
             happiness
             of
             a
             quiet
             Life
             .
             These
             men
             thus
             ordered
             ,
             the
             rest
             at
             home
             are
             made
             more
             cool
             ,
             like
             a
             Body
             after
             Physick
             ,
             and
             all
             are
             now
             contented
             to
             submit
             to
             Law
             and
             Magistracy
             .
             〈◊〉
             fitting
             time
             now
             it
             was
             for
             
               Justices
               of
               Peace
            
             to
             come
             upon
             the
             Stage
             in
             their
             best
             garb
             .
             For
             though
             the
             work
             was
             more
             ancient
             ,
             yet
             like
             some
             loose
             Notes
             laid
             aside
             in
             several
             places
             ,
             it
             was
             not
             to
             be
             found
             ,
             but
             at
             a
             distance
             ,
             and
             after
             long
             delay
             .
             But
             Edward
             the
             Third
             sums
             up
             all
             into
             one
             brief
             ,
             and
             brings
             a
             compleat
             Model
             thereof
             into
             the
             World
             for
             future
             Ages
             to
             accomplish
             ,
             as
             occasion
             should
             lead
             the
             way
             .
             The
             course
             was
             now
             established
             to
             have
             Justices
             setled
             in
             every
             County
             ,
             there
             to
             be
             resident
             and
             attending
             that
             Service
             .
             First
             ,
             they
             were
             named
             Guardians
             ,
             or
             
               Wardens
               of
               the
               Peace
            
             ;
             
             but
             within
             a
             few
             Years
             altered
             their
             Title
             to
             Justices
             .
             First
             ,
             they
             were
             chosen
             out
             of
             the
             good
             and
             lawful
             men
             of
             each
             County
             :
             
             After
             that
             ,
             
             they
             were
             two
             or
             three
             chosen
             out
             of
             the
             worthiest
             men
             ,
             and
             these
             were
             to
             be
             joyned
             with
             Lawyers
             .
             
             Then
             was
             one
             Lord
             ,
             and
             three
             or
             four
             in
             each
             County
             of
             the
             most
             worthy
             men
             ,
             
             adjoyned
             with
             Lawyers
             .
             Afterward
             ,
             
             in
             Richard
             the
             Second's
             time
             ,
             the
             number
             of
             the
             Justices
             in
             each
             County
             might
             attain
             to
             the
             number
             of
             Six
             ,
             and
             no
             Steward
             of
             any
             Lord
             to
             be
             admitted
             into
             the
             Commission
             ;
             
             but
             within
             half
             a
             
             year
             all
             is
             at
             large
             ,
             so
             be
             it
             that
             the
             choice
             be
             out
             of
             the
             most
             sufficient
             
               Knights
               ,
               Esquires
            
             ,
             and
             Gentlemen
             of
             the
             County
             .
             Again
             ,
             within
             two
             years
             ,
             
             the
             number
             in
             each
             County
             is
             set
             at
             Eight
             ;
             yet
             in
             all
             these
             the
             Judges
             and
             Serjeants
             were
             not
             reckoned
             ,
             so
             as
             the
             work
             then
             seemeth
             not
             so
             much
             as
             now
             a
             days
             ,
             although
             it
             was
             much
             of
             the
             same
             kind
             ;
             and
             yet
             it
             grew
             up
             into
             that
             greatness
             which
             it
             had
             by
             degrees
             .
             Before
             they
             were
             setled
             by
             Edward
             the
             Third
             ,
             there
             were
             
               Custodes
               pacis
            
             ,
             which
             might
             be
             those
             whom
             we
             now
             a
             days
             call
             the
             
               High
               Constables
            
             of
             the
             Hundred
             ,
             whose
             work
             was
             purely
             Ministerial
             .
          
           
             Afterward
             ,
             about
             the
             second
             year
             of
             Edward
             the
             Third
             ,
             the
             Guardians
             of
             the
             Peace
             had
             power
             of
             Oyer
             and
             Terminer
             ,
             in
             matters
             of
             
               riding
               armed
            
             ,
             upon
             the
             Statute
             2
             Edw.
             3.
             
             
             After
             that
             ,
             they
             have
             power
             of
             enquiry
             by
             Indictment
             in
             certain
             Cases
             ;
             
             within
             four
             years
             after
             ,
             they
             have
             power
             of
             Oyer
             and
             Terminer
             in
             Cases
             of
             
               false
               Jurors
            
             ,
             
             and
             Maintenance
             :
             and
             about
             ten
             years
             after
             that
             ,
             
             they
             obtained
             like
             power
             in
             matters
             of
             Felony
             and
             Trespass
             .
             
             The
             way
             of
             Commissions
             in
             case
             of
             Life
             and
             Member
             ,
             thus
             opened
             ,
             another
             occasion
             of
             Commission
             offers
             it self
             for
             a
             determinative
             power
             ,
             in
             case
             of
             offences
             against
             the
             Statute
             of
             Labourers
             ;
             and
             the
             Cognizance
             hereof
             is
             soon
             setled
             upon
             Commissioners
             in
             the
             Counties
             specially
             chosen
             for
             that
             Service
             ;
             
             which
             questionless
             ,
             
             as
             the
             Times
             then
             stood
             ,
             
             was
             as
             commendable
             work
             as
             it
             was
             necessary
             .
             For
             Souldiers
             were
             so
             many
             ,
             that
             Labourers
             were
             very
             few
             ;
             and
             those
             that
             once
             are
             accustomed
             to
             Arms
             ,
             think
             ever
             after
             meanly
             of
             the
             Handicraft
             ;
             nor
             will
             they
             ever
             stoop
             thereto
             ,
             after
             their
             Spirits
             are
             once
             elevated
             by
             mastery
             of
             Adventures
             .
             And
             secondly
             ,
             those
             few
             Labourers
             that
             remained
             of
             the
             Sword
             ,
             Plague
             ,
             and
             other
             disasters
             of
             these
             wasting
             times
             ,
             understood
             their
             advantage
             ,
             and
             set
             a
             value
             upon
             their
             Labours
             ,
             far
             above
             their
             merit
             ;
             apprehending
             that
             men
             would
             rather
             part
             with
             too
             much
             of
             a
             little
             ,
             than
             to
             let
             their
             work
             lie
             still
             that
             must
             bring
             them
             in
             all
             they
             have
             .
             But
             these
             Commissioners
             lasted
             not
             long
             ,
             though
             the
             work
             did
             .
             The
             
               Justices
               of
               Peace
            
             are
             looked
             upon
             as
             meet
             for
             that
             service
             ;
             and
             it
             is
             a
             vain
             thing
             to
             multiply
             Commissions
             ,
             
             where
             the
             work
             may
             be
             done
             by
             one
             ,
             that
             before
             this
             time
             had
             obtained
             an
             additional
             Cognizance
             of
             all
             Causes
             of
             
               Riots
               ,
               Batteries
               ,
               wandering
            
             dangerous
             persons
             ,
             and
             offences
             in
             Weights
             and
             Measures
             ,
             
             and
             in
             Purveyance
             .
             To
             them
             ,
             I
             say
             ,
             all
             this
             work
             concerning
             Labourers
             is
             also
             committed
             by
             the
             Parliament
             ;
             and
             herewith
             a
             way
             was
             laid
             open
             for
             Crimes
             of
             greatest
             regard
             under
             Felony
             ,
             to
             be
             determined
             by
             Trial
             in
             the
             Country
             ,
             according
             to
             the
             course
             of
             Common
             Law.
             
          
           
             The
             issue
             of
             all
             which
             was
             ,
             not
             onely
             ease
             to
             the
             people
             ,
             but
             a
             great
             escape
             from
             the
             rigour
             of
             the
             Council-Table
             in
             the
             Star-chamber
             ,
             and
             the
             Kings
             Bench
             at
             Westminster
             ,
             on
             the
             one
             side
             ;
             and
             also
             from
             the
             gripe
             of
             the
             Clergie
             on
             the
             other
             ;
             who
             hitherto
             held
             the
             Cognizance
             of
             the
             Markets
             in
             Weights
             and
             Measures
             to
             themselves
             .
             This
             model
             so
             pleased
             all
             men
             ,
             that
             Richard
             the
             Second
             ,
             that
             was
             pleased
             with
             nothing
             but
             his
             own
             pleasure
             ,
             gave
             unto
             the
             
               Justices
               of
               Peace
            
             yet
             further
             power
             to
             execute
             the
             Statute
             at
             Northampton
             against
             
               riotous
               ridings
            
             ,
             
             and
             to
             settle
             the
             Wages
             of
             Labourers
             and
             Servants
             ,
             to
             punish
             unlawful
             Huntings
             by
             the
             meaner
             sort
             of
             people
             ,
             and
             regrators
             of
             Wool
             ,
             
               false
               Weights
            
             in
             the
             Staple
             ,
             
             unlawful
             wearing
             of
             Liveries
             ,
             and
             unlawful
             Fishings
             contrary
             to
             the
             Statute
             at
             Westminster
             2.
             
             
             Thus
             was
             the
             power
             of
             
               Justices
               of
               Peace
            
             grown
             to
             that
             heighth
             in
             these
             and
             other
             things
             ,
             
             that
             it
             undermined
             ,
             
             not
             onely
             the
             
             Council-Table
             and
             
               Kings
               Bench
            
             ,
             but
             the
             Commissions
             of
             Gaol-delivery
             and
             of
             Oyer
             and
             Terminer
             ;
             so
             far
             forth
             ,
             as
             their
             work
             was
             much
             less
             than
             formerly
             .
             For
             Neighbours
             ,
             in
             cases
             of
             crime
             ,
             are
             better
             trusted
             with
             the
             Lives
             and
             Estates
             of
             men
             ,
             than
             Strangers
             ;
             so
             as
             in
             all
             this
             ,
             the
             people
             are
             still
             the
             gainers
             .
          
           
             The
             manner
             of
             Judicature
             by
             these
             
               Justices
               of
               the
               Peace
            
             still
             remains
             :
             nothing
             appears
             by
             any
             Statute
             in
             these
             times
             ,
             
             that
             one
             
               Justice
               of
               the
               Peace
            
             might
             do
             alone
             ,
             but
             record
             a
             
               forcible
               Detainer
            
             ;
             although
             questionless
             ,
             in
             point
             of
             present
             security
             of
             the
             Peace
             and
             good
             Behaviour
             ,
             by
             the
             intent
             of
             the
             Statutes
             he
             might
             do
             many
             things
             ;
             but
             in
             Cases
             of
             Oyer
             and
             Terminer
             all
             must
             be
             done
             in
             
               publick
               Sessions
            
             ,
             which
             the
             Justices
             of
             the
             Peace
             had
             power
             to
             hold
             by
             Commission
             onely
             ,
             until
             the
             Thirty
             sixth
             year
             of
             Edward
             the
             Third
             ;
             
             and
             ever
             after
             that
             ,
             they
             held
             their
             Sessions
             by
             vertue
             of
             the
             Statutes
             ,
             
             and
             had
             power
             to
             determine
             divers
             things
             in
             their
             Sessions
             according
             to
             discretion
             .
             These
             were
             remedies
             after
             the
             Fact
             ;
             now
             see
             what
             preventing
             Physick
             these
             times
             afforded
             .
          
           
             One
             thing
             that
             much
             irritated
             the
             spirits
             of
             men
             into
             discontents
             ,
             was
             
               false
               News
            
             ,
             or
             slanderous
             reports
             ,
             raised
             and
             spread
             amongst
             the
             great
             men
             .
             For
             in
             these
             Times
             the
             Lords
             were
             of
             such
             a
             considerable
             power
             ,
             as
             the
             vexation
             of
             one
             Lord
             ,
             proved
             the
             vexation
             of
             a
             multitude
             of
             the
             meaner
             sort
             .
             And
             though
             the
             Statute
             of
             Westminster
             the
             1.
             formerly
             had
             provided
             against
             such
             Tales
             ,
             yet
             it
             touched
             onely
             such
             as
             concerned
             
               discord
               between
               the
               King
               and
               people
               ,
            
             although
             by
             implication
             also
             it
             might
             be
             construed
             to
             extend
             further
             .
             But
             Richard
             the
             Second
             ,
             willing
             to
             live
             in
             quiet
             ,
             that
             he
             might
             enjoy
             his
             pleasure
             ,
             would
             have
             the
             people
             know
             their
             duties
             in
             plain
             words
             ,
             
             and
             agreed
             to
             a
             Law
             ,
             That
             all
             such
             as
             published
             such
             
               false
               News
            
             ,
             
             tending
             to
             sow
             strife
             between
             the
             Great
             men
             ,
             should
             be
             imprisoned
             until
             the
             first
             mover
             was
             found
             ;
             and
             if
             he
             were
             not
             found
             ,
             then
             the
             Relator
             should
             be
             punished
             by
             advice
             of
             the
             Council
             :
             So
             much
             power
             was
             then
             given
             to
             the
             Council
             ,
             whatever
             it
             was
             .
          
           
             Thus
             the
             seed
             was
             choked
             ,
             or
             was
             so
             intended
             to
             be
             ,
             though
             every
             passion
             was
             not
             thus
             suppressed
             .
             For
             some
             angers
             conquer
             all
             fear
             ,
             and
             will
             hold
             possession
             come
             what
             will.
             In
             the
             next
             place
             therefore
             ,
             provision
             is
             made
             against
             the
             first
             Actings
             in
             sorting
             of
             parties
             by
             Tokens
             and
             Liveries
             ;
             utterly
             inhibiting
             the
             meaner
             sort
             of
             the
             people
             from
             giving
             of
             Liveries
             to
             maintain
             quarrels
             ,
             upon
             pain
             of
             Fine
             and
             Imprisonment
             ,
             and
             the
             Trial
             to
             be
             before
             the
             
               Justices
               of
               Assize
            
             ;
             
             which
             it
             seems
             was
             in
             affirmance
             of
             former
             Laws
             ,
             as
             by
             the
             Preamble
             of
             the
             Statute
             doth
             appear
             ,
             though
             the
             Laws
             themselves
             are
             not
             extant
             .
             About
             Fifteen
             years
             after
             ,
             it
             was
             by
             sad
             experience
             found
             that
             the
             Lords
             maintained
             quarrels
             by
             multitude
             of
             Liveries
             ;
             and
             therefore
             another
             Law
             was
             made
             ,
             inhibiting
             the
             Lords
             to
             give
             Liveries
             to
             any
             but
             their
             menial
             Servants
             :
             
             and
             it
             is
             ordered
             ,
             that
             the
             
               Justices
               of
               the
               Peace
            
             shall
             make
             enquiry
             of
             such
             offences
             ,
             and
             punish
             them
             according
             to
             their
             discretion
             .
          
           
             A
             third
             prevention
             was
             provided
             against
             gathering
             together
             of
             Parties
             ,
             after
             they
             are
             sorted
             :
             For
             the
             humours
             may
             so
             abound
             ,
             as
             nothing
             will
             keep
             them
             in
             ;
             they
             must
             either
             break
             out
             into
             a
             sore
             ,
             or
             a
             long
             sickness
             of
             State
             will
             certainly
             follow
             .
             To
             this
             end
             therefore
             ,
             the
             Statute
             made
             at
             Northampton
             is
             again
             revived
             ,
             
             expresly
             forbidding
             all
             persons
             to
             
               ride
               armed
            
             ,
             unless
             in
             some
             particular
             cases
             ▪
             
             of
             executing
             Justice
             ,
             or
             guarding
             the
             person
             of
             the
             King
             ,
             
             or
             his
             Justices
             ,
             and
             suchlike
             .
             And
             if
             men
             will
             be
             so
             adventurous
             as
             to
             out●dare
             Law
             by
             publick
             force
             ,
             Troopings
             together
             ,
             and
             riotous
             Ridings
             ,
             another
             course
             is
             taken
             ,
             not
             by
             
               Commission
               of
               the
               Peace
            
             ,
             
             but
             rather
             of
             War
             ,
             directed
             unto
             valiant
             persons
             in
             every
             County
             ,
             and
             they
             have
             power
             thereby
             to
             apprehend
             such
             Offenders
             ,
             and
             imprison
             them
             until
             the
             Gaol-delivery
             ,
             though
             no
             Indictment
             be
             found
             thereof
             ,
             until
             the
             Gaol-delivery
             shall
             be
             .
             By
             this
             Commission
             therefore
             power
             is
             given
             of
             
               Posse
               Comitatus
            
             ,
             in
             nature
             of
             a
             
               Commission
               of
               Array
            
             ,
             with
             an
             additional
             power
             of
             fighting
             and
             destroying
             ;
             so
             as
             though
             the
             King
             granteth
             the
             Power
             by
             the
             Commission
             ,
             yet
             the
             Parliament
             giveth
             the
             Power
             to
             the
             Commission
             ;
             and
             be
             it
             a
             Commission
             for
             Peace
             ,
             or
             War
             ,
             it
             is
             originally
             from
             that
             power
             .
          
           
             The
             fourth
             and
             last
             prevention
             ,
             was
             the
             taking
             away
             means
             of
             continuance
             and
             supporting
             such
             Riotous
             ways
             ,
             
             
               Viz.
               Castles
               and
               Gaols
               out
               of
               the
               Custody
               of
               private
               hands
               ,
               and
               restoring
               them
               to
               their
               Counties
               .
            
             For
             Gaols
             and
             Castles
             are
             taken
             promiscuously
             for
             places
             of
             security
             ,
             in
             times
             of
             Peace
             to
             keep
             ill
             persons
             from
             going
             out
             ,
             and
             in
             times
             of
             War
             from
             getting
             in
             .
             Amongst
             these
             ,
             some
             belonged
             to
             the
             King
             ,
             and
             were
             committed
             to
             such
             as
             he
             favoured
             ,
             who
             commonly
             (
             in
             such
             times
             of
             Oppression
             and
             Violence
             )
             grew
             too
             big
             for
             Justice
             ,
             usurping
             a
             
               Gaol
               delivery
            
             ,
             and
             making
             such
             places
             of
             strength
             ,
             many
             times
             ,
             even
             to
             the
             innocent
             ,
             a
             Prison
             to
             keep
             them
             from
             the
             Law
             ;
             but
             unto
             guilty
             persons
             ,
             an
             Asylum
             to
             defend
             them
             against
             the
             Law.
             And
             these
             thus
             belonging
             to
             the
             King
             ,
             were
             under
             no
             Law
             ,
             but
             of
             Prerogative
             ;
             whereas
             other
             Castles
             of
             private
             persons
             were
             under
             the
             yoke
             of
             the
             Statute
             ,
             13
             E.
             1.
             
             For
             remedy
             of
             all
             which
             ,
             the
             
               Kings
               Castles
            
             are
             once
             more
             returned
             to
             the
             
             Sheriff's
             Custody
             ,
             by
             Act
             of
             Parliament
             ;
             who
             questionless
             have
             the
             power
             to
             dispose
             of
             all
             places
             of
             strength
             ,
             whether
             in
             order
             to
             Peace
             or
             War
             ;
             and
             could
             not
             dispose
             them
             into
             a
             more
             safe
             and
             indifferent
             hand
             than
             the
             Sheriff's
             ,
             who
             is
             as
             well
             the
             
               King's
               Officer
            
             ,
             as
             the
             
               Kingdoms
               Servant
            
             ;
             and
             much
             intrusted
             by
             the
             Law
             ,
             in
             the
             execution
             of
             its
             own
             power
             .
             And
             thus
             is
             this
             Nation
             now
             prepared
             for
             a
             setled
             Peace
             ;
             a
             condition
             that
             is
             long
             in
             ripening
             ,
             and
             soon
             rotten
             ,
             unless
             it
             be
             well
             fenced
             and
             over-awed
             by
             a
             good
             Conscience
             .
             But
             Richard
             the
             Second
             was
             neither
             so
             good
             ,
             nor
             so
             happy
             ;
             his
             Heart
             affected
             to
             be
             high
             ,
             but
             his
             Head
             could
             not
             bear
             it
             ;
             he
             turns
             giddy
             ,
             and
             runs
             far
             wide
             .
             Those
             that
             would
             reduce
             him
             ,
             he
             enforces
             into
             Foreign
             Countries
             ;
             and
             himself
             holds
             on
             his
             career
             over
             Hedge
             and
             Ditch
             into
             Ireland
             ;
             where
             under
             pretension
             of
             holding
             possession
             of
             that
             Kingdom
             ,
             he
             lost
             England
             :
             and
             whilst
             he
             plays
             his
             game
             in
             that
             Country
             ,
             another
             plays
             King
             by
             your
             leave
             ,
             in
             this
             ,
             and
             steps
             into
             the
             Throne
             ;
             teaching
             the
             King
             thereby
             this
             Lesson
             ,
             though
             too
             late
             ;
             
               That
               Non-residency
               is
               dangerous
               for
               a
               Priest
               ,
               but
               unto
               a
               Prince
               fatal
               ,
               unless
               his
               Subjects
               be
               fast
               to
               him
               when
               he
               is
               loose
               to
               them
               .
            
          
        
         
           
           
             CHAP.
             XIII
             .
             A
             View
             of
             the
             Summary
             Courses
             of
             Henry
             the
             Fourth
             ,
             Henry
             the
             Fifth
             ,
             and
             Henry
             the
             Sixth
             ,
             in
             their
             several
             Reigns
             .
          
           
             HE
             that
             played
             this
             prank
             ,
             was
             the
             banished
             Duke
             of
             Hertford
             ,
             Son
             of
             John
             of
             Gaunt
             ,
             and
             by
             his
             death
             now
             become
             Duke
             of
             Lancaster
             by
             Title
             ;
             and
             as
             the
             Times
             then
             were
             ,
             it
             proved
             not
             hard
             to
             get
             more
             .
             For
             in
             uncertain
             Commonwealths
             ,
             it
             is
             an
             easie
             thing
             for
             a
             man
             of
             opinion
             ,
             that
             hath
             less
             than
             his
             due
             ,
             to
             get
             more
             than
             he
             ought
             .
             As
             Son
             of
             John
             of
             Gaunt
             ,
             this
             Duke
             had
             the
             peoples
             good
             wishes
             :
             he
             (
             a
             wise
             and
             a
             brave
             man
             ,
             and
             under
             oppression
             )
             gained
             the
             more
             upon
             the
             people
             ,
             by
             how
             much
             they
             love
             brave
             men
             ,
             and
             compassionate
             such
             as
             suffer
             wrong
             ;
             especially
             from
             such
             persons
             from
             whom
             they
             all
             found
             the
             like
             measure
             .
             All
             these
             concurring
             with
             the
             King's
             absence
             ,
             invited
             the
             Duke
             to
             adventure
             himself
             upon
             the
             influence
             of
             the
             peoples
             favour
             ,
             to
             gain
             his
             own
             right
             ,
             and
             what
             more
             the
             people
             would
             allow
             him
             ;
             and
             if
             no
             more
             ,
             yet
             his
             Honour
             is
             saved
             ;
             he
             came
             for
             his
             own
             ,
             and
             attained
             his
             end
             .
          
           
             Thus
             then
             he
             comes
             over
             without
             Army
             ,
             or
             Foreign
             Power
             ,
             or
             other
             help
             ,
             saving
             the
             advice
             and
             interest
             of
             Archbishop
             Arundel
             ,
             who
             was
             his
             Companion
             in
             suffering
             ,
             Partner
             in
             the
             Cause
             ,
             and
             no
             less
             welcome
             to
             the
             Clergie
             ,
             than
             the
             Duke
             himself
             was
             to
             the
             people
             ;
             and
             so
             gained
             power
             to
             the
             Duke
             ,
             though
             he
             brought
             none
             .
             Upon
             their
             arrival
             ,
             the
             Aspects
             of
             all
             are
             benign
             ,
             the
             Dukedom
             waits
             for
             him
             ;
             and
             in
             that
             ,
             as
             in
             a
             Mirrour
             ,
             he
             beholds
             the
             way
             fair
             and
             easie
             ;
             yet
             further
             ,
             it
             pities
             him
             to
             see
             the
             Kingdom
             so
             torn
             in
             pieces
             and
             spoiled
             .
             The
             people
             knew
             him
             able
             ,
             and
             hoped
             him
             willing
             to
             amend
             all
             :
             they
             offered
             him
             their
             Service
             ;
             which
             he
             accepts
             ,
             and
             therewith
             the
             Crown
             .
             So
             hard
             a
             thing
             it
             is
             for
             to
             put
             a
             stop
             to
             a
             Conquerour
             in
             his
             career
             .
          
           
             By
             this
             time
             was
             the
             Duke
             of
             Hertford
             thus
             become
             Duke
             of
             Lancaster
             ,
             and
             King
             of
             England
             ,
             under
             the
             name
             of
             Henry
             the
             Fourth
             ,
             by
             a
             design
             that
             in
             the
             proof
             was
             more
             easie
             than
             commendable
             :
             and
             which
             being
             effected
             ,
             cost
             more
             skill
             to
             make
             that
             seem
             fair
             which
             was
             so
             foul
             ,
             than
             to
             accomplish
             the
             thing
             .
             He
             therefore
             first
             heaps
             together
             Titles
             ,
             enough
             to
             have
             buried
             the
             clamour
             of
             Usurpation
             ,
             if
             it
             would
             have
             succeeded
             .
             Conquest
             was
             a
             Title
             freest
             from
             Dispute
             whilst
             Power
             holds
             ;
             but
             it
             looks
             better
             from
             a
             Foreign
             Enemy
             ,
             than
             one
             sworn
             to
             the
             
               English
               Crown
            
             ;
             and
             therefore
             after
             that
             had
             served
             his
             turn
             ,
             he
             disclaimed
             it
             ;
             as
             that
             which
             was
             ,
             though
             meet
             enough
             to
             have
             ,
             yet
             unmeet
             to
             hold
             .
          
           
             His
             right
             by
             Designation
             from
             his
             Predecessor
             he
             glanced
             upon
             ,
             but
             durst
             not
             adventure
             it
             too
             deep
             into
             the
             peoples
             consideration
             ,
             whose
             Ancestors
             had
             formerly
             over-ruled
             the
             Case
             against
             King
             John.
             He
             then
             stayed
             upon
             a
             concealed
             Title
             from
             a
             concealed
             Son
             of
             Henry
             the
             Third
             ,
             of
             whom
             they
             who
             listed
             might
             be
             perswaded
             ,
             but
             few
             believed
             the
             thing
             ,
             nor
             did
             himself
             ;
             but
             thence
             takes
             his
             slight
             up
             to
             a
             
               Jus
               Divinum
            
             ,
             or
             some
             hidden
             Fate
             that
             called
             him
             to
             the
             work
             ;
             but
             even
             there
             his
             Wings
             failed
             him
             ,
             and
             so
             he
             falls
             flat
             upon
             the
             
               Peoples
               Election
               ,
               
               De
               bene
               esse
               .
            
             Some
             of
             these
             ,
             or
             all
             together
             ,
             might
             make
             Title
             enough
             for
             a
             great
             Man
             that
             resolved
             to
             hold
             by
             hook
             ,
             what
             he
             had
             got
             by
             crook
             ;
             and
             therefore
             trussing
             them
             up
             all
             together
             ,
             he
             enters
             his
             claim
             to
             the
             Crown
             ,
             
               As
               coming
               from
               the
               Bloud
               Royal
               from
               King
            
             Henry
             ,
             
               and
               through
               the
               Right
               that
               God
               his
               Grace
               hath
               sent
               me
               ;
               with
               the
               help
               of
               my
               Kin
               and
               Friends
               to
               recover
               the
               same
               ,
               which
               was
               in
               point
               to
               be
               undone
               for
               want
               of
               good
               Governance
               ,
               and
               due
               Justice
               .
            
             The
             extract
             of
             all
             is
             ,
             that
             he
             was
             chosen
             by
             the
             People
             and
             Parliament
             then
             sitting
             .
             And
             albeit
             that
             by
             the
             Resignation
             of
             Richard
             the
             Second
             ,
             the
             Parliament
             might
             seem
             ,
             in
             strict
             construction
             of
             Law
             ,
             to
             be
             expired
             ,
             together
             with
             the
             Kings
             power
             who
             called
             them
             together
             ;
             yet
             did
             not
             that
             Parliament
             so
             apprehend
             the
             matter
             ,
             but
             proceeded
             not
             onely
             to
             definitive
             Sentence
             of
             deposing
             him
             ,
             but
             declared
             themselves
             by
             their
             Commissaries
             ,
             to
             be
             the
             
               Three
               States
            
             ,
             and
             Representative
             of
             the
             People
             of
             England
             ;
             maintaining
             thereby
             their
             subsistency
             by
             the
             consistence
             of
             the
             Members
             together
             ,
             although
             their
             Chief
             was
             for
             the
             present
             like
             a
             head
             in
             a
             Trance
             ,
             till
             they
             had
             chosen
             Henry
             the
             Fourth
             to
             succeed
             in
             the
             Throne
             ;
             by
             this
             means
             preventing
             the
             conceit
             of
             discontinuance
             in
             the
             very
             Bud
             of
             the
             Notion
             .
          
           
             Much
             like
             his
             entry
             was
             his
             continuance
             ,
             a
             continual
             tide
             of
             Foreign
             and
             Domestick
             War
             and
             Conspiracy
             ,
             enough
             to
             exercise
             his
             great
             Courage
             ;
             although
             he
             was
             more
             wise
             than
             warlike
             ,
             being
             loth
             to
             take
             up
             Arms
             ;
             (
             for
             well
             he
             knew
             ,
             that
             a
             sick
             Title
             never
             sleeps
             but
             in
             a
             Bed
             of
             Peace
             )
             and
             more
             loth
             to
             lay
             them
             down
             :
             For
             besides
             Victory
             ,
             whereby
             he
             gained
             upon
             his
             Enemies
             in
             time
             of
             War
             ,
             he
             knew
             how
             to
             make
             advantage
             of
             them
             in
             time
             of
             Peace
             ,
             to
             secure
             his
             Friends
             ,
             to
             keep
             others
             in
             awe
             ,
             to
             enforce
             such
             Laws
             as
             stood
             with
             reason
             of
             State
             ,
             and
             the
             present
             posture
             of
             Affairs
             ;
             and
             where
             Laws
             failed
             ,
             to
             fill
             up
             the
             period
             with
             Dictates
             of
             his
             own
             Will.
             And
             upon
             this
             account
             the
             Product
             was
             a
             Government
             full
             of
             Ulcers
             ▪
             of
             Bloudshed
             ,
             without
             regard
             of
             persons
             ,
             whether
             of
             the
             Lay
             or
             Religious
             Order
             ,
             without
             
               Legal
               Trial
            
             ,
             or
             
               priviledge
               of
               Clerk.
            
             So
             was
             Archbishop
             Walden
             dethroned
             ,
             Archbishop
             Scroop
             put
             to
             death
             ,
             and
             Dukes
             were
             dismounted
             without
             Conviction
             or
             Imputation
             ,
             saving
             of
             the
             Kings
             displeasure
             .
             Taxes
             multiplied
             ,
             although
             begotten
             they
             were
             upon
             the
             Parliament
             ,
             like
             some
             monstrous
             Births
             shewn
             to
             the
             World
             ,
             to
             let
             it
             know
             what
             could
             be
             done
             ;
             
             but
             concealed
             by
             Historians
             ,
             to
             let
             it
             know
             what
             may
             not
             be
             done
             .
             Yea
             ,
             the
             Priviledges
             of
             Parliament
             invaded
             in
             point
             of
             Election
             :
             A
             thing
             that
             none
             of
             his
             Predecessors
             ever
             exemplified
             to
             him
             ,
             nor
             none
             of
             his
             Successors
             ever
             imitated
             him
             in
             .
             Nor
             had
             he
             purposed
             it
             ,
             but
             that
             he
             was
             loth
             the
             People
             should
             know
             more
             of
             the
             Government
             than
             needs
             must
             .
          
           
             To
             keep
             off
             Foreign
             Troubles
             ,
             he
             made
             Peace
             with
             France
             for
             longer
             time
             than
             he
             lived
             ;
             yet
             was
             ever
             infested
             with
             the
             Sword
             of
             St.
             Paul
             ,
             in
             behalf
             of
             Richard
             the
             Second's
             Queen
             ;
             and
             with
             the
             Factions
             between
             the
             Houses
             of
             Orleans
             and
             Burgundy
             ,
             in
             which
             he
             had
             interested
             himself
             to
             preserve
             the
             Foreign
             Neighbourhood
             in
             Parties
             one
             against
             another
             ,
             that
             himself
             might
             attend
             his
             own
             security
             at
             home
             .
             He
             would
             have
             moved
             the
             Scots
             ,
             but
             they
             were
             already
             under
             English
             Banners
             ;
             nor
             could
             he
             reach
             so
             far
             ,
             having
             so
             many
             Enemies
             even
             in
             his
             own
             bosom
             .
             The
             Welsh
             were
             big
             with
             Antiquity
             ,
             and
             Mountains
             of
             Defence
             ;
             they
             begin
             to
             bethink
             themselves
             of
             their
             Antient
             Principality
             ,
             hold
             the
             Kings
             Arms
             at
             hard
             duty
             ,
             
             till
             by
             Laws
             Enacted
             in
             Parliament
             ,
             they
             lost
             their
             Liberties
             of
             bearing
             
               Office
               Ministerial
            
             ,
             
             or
             of
             Judicature
             ,
             of
             
               holding
               Castle
            
             ,
             of
             Convention
             without
             the
             Kings
             License
             ,
             yea
             ,
             of
             Purchase
             ;
             and
             by
             degrees
             were
             
             brought
             down
             from
             the
             height
             of
             a
             
               Free
               Principality
            
             ,
             to
             be
             starved
             in
             their
             power
             ,
             and
             inferiour
             to
             a
             
               Free
               People
            
             .
             And
             thus
             the
             Welsh
             on
             the
             one
             side
             ,
             the
             
               discontented
               Lords
            
             on
             the
             other
             ,
             and
             Mortimar's
             Title
             in
             all
             ,
             so
             busied
             the
             King
             ,
             as
             though
             he
             lopped
             off
             the
             Tops
             as
             they
             sprang
             up
             ,
             yet
             they
             sprang
             forth
             as
             they
             were
             lopped
             ;
             nor
             was
             it
             the
             Kings
             lot
             all
             this
             while
             to
             find
             out
             the
             root
             of
             All
             ,
             or
             to
             strike
             at
             that
             .
          
           
             Lastly
             ,
             when
             time
             had
             made
             all
             Troublers
             weary
             ,
             yet
             he
             still
             sits
             upon
             Torns
             ;
             he
             was
             jealous
             of
             his
             Subjects
             ,
             jealous
             of
             his
             Son
             ,
             yea
             ,
             jealous
             of
             himself
             :
             it
             being
             ever
             the
             first
             and
             last
             of
             his
             thoughts
             ,
             how
             to
             keep
             his
             Crown
             .
             For
             the
             most
             part
             of
             his
             Reign
             ,
             he
             was
             troubled
             with
             the
             walking
             Ghost
             of
             Richard
             the
             Second
             ;
             ever
             and
             anon
             he
             was
             alive
             ,
             he
             was
             here
             ,
             he
             was
             there
             ,
             and
             so
             the
             peoples
             minds
             were
             always
             kept
             at
             random
             ;
             but
             when
             all
             these
             Spirits
             are
             conjured
             down
             ,
             Richard
             the
             Second's
             Ghost
             is
             yet
             within
             Henry's
             own
             breast
             .
             
               So
               ruled
            
             Henry
             
               the
               Fourth
               ,
               an
               unhappy
               confident
               man
               ,
               that
               durst
               undertake
               more
               than
               he
               would
               ,
               did
               more
               than
               he
               ought
               ,
               was
               successful
               in
               what
               he
               did
               ,
               yet
               never
               attained
               his
               end
               ,
               to
               be
               sure
               of
               his
               Crown
               ,
               and
               quiet
               of
               mind
               .
            
             For
             a
             Plaister
             to
             this
             Sore
             ,
             he
             turned
             somewhat
             towards
             Religion
             ;
             but
             shewed
             it
             more
             in
             zeal
             to
             Church-men
             ,
             than
             in
             works
             of
             Piety
             :
             and
             therefore
             may
             be
             thought
             to
             regard
             them
             rather
             as
             his
             best
             Friends
             in
             right
             of
             Archbishop
             Arundel
             ,
             than
             as
             in
             relation
             to
             Religion
             .
             Yet
             ,
             
             as
             if
             he
             overlooked
             that
             ,
             he
             desires
             their
             Prayers
             ,
             becomes
             a
             strict
             observer
             of
             superstitious
             Rites
             ,
             is
             fiery
             zealous
             against
             the
             Lollards
             ,
             intends
             a
             Journey
             into
             the
             
               Holy
               Land
            
             ,
             and
             War
             against
             the
             Infidels
             ;
             the
             common
             Physick
             of
             guilty
             Kings
             in
             those
             days
             .
             Briefly
             ,
             he
             did
             will
             to
             do
             any
             thing
             ,
             but
             undo
             what
             he
             had
             done
             ;
             and
             had
             done
             more
             ,
             had
             his
             Journey
             to
             the
             
               Holy
               Land
            
             succeeded
             .
             But
             (
             whether
             hastned
             or
             delayed
             by
             a
             Prophecie
             of
             the
             ending
             of
             his
             days
             ,
             falls
             not
             within
             my
             Pen
             to
             censure
             ;
             )
             entring
             upon
             the
             Work
             he
             died
             ,
             in
             the
             beginning
             of
             his
             purposes
             ,
             in
             the
             midst
             of
             his
             fears
             ;
             never
             came
             to
             the
             
               Holy
               Land
            
             ,
             and
             yet
             yielded
             up
             his
             last
             breath
             in
             Jerusalem
             .
          
           
             The
             Parliament
             was
             then
             sitting
             ,
             and
             was
             witness
             of
             the
             death
             of
             Henry
             the
             Fourth
             ,
             
             as
             it
             had
             been
             of
             his
             entrance
             upon
             the
             Throne
             ,
             as
             if
             purposed
             to
             see
             the
             course
             of
             the
             Crown
             in
             the
             doubtful
             current
             between
             the
             two
             Houses
             of
             Lancaster
             and
             York
             ;
             and
             to
             maintain
             their
             own
             Honour
             ,
             in
             directing
             the
             Scepter
             according
             to
             their
             warranty
             upon
             a
             late
             Intail
             by
             Act
             of
             Parliament
             .
             Yet
             did
             not
             all
             rest
             upon
             this
             :
             for
             the
             Heir
             of
             Henry
             the
             Fourth
             was
             a
             Man
             every
             inch
             of
             him
             ,
             and
             meant
             not
             to
             Moot
             upon
             the
             point
             :
             His
             Father
             died
             a
             King
             ,
             and
             he
             his
             Heir
             had
             the
             Crown
             ,
             and
             was
             resolved
             to
             hold
             it
             .
             A
             rough
             young
             man
             he
             had
             been
             formerly
             ,
             and
             bold
             enough
             to
             out-face
             small
             doubts
             in
             point
             of
             Succession
             ;
             for
             he
             could
             (
             for
             need
             )
             out-face
             common
             Civility
             it self
             .
             This
             might
             have
             lien
             in
             his
             way
             ;
             for
             he
             that
             cannot
             govern
             himself
             ,
             can
             much
             less
             govern
             a
             Kingdom
             .
             Yet
             a
             hidden
             providence
             concluded
             quite
             contrary
             ,
             and
             rendred
             him
             a
             clear
             Testimony
             of
             a
             strange
             change
             by
             the
             anointing
             Oyl
             ,
             like
             that
             of
             Saul
             ,
             that
             forthwith
             had
             the
             Spirit
             of
             another
             man.
             So
             though
             not
             hammered
             thereto
             by
             Affliction
             ,
             as
             was
             Edward
             the
             First
             ,
             yet
             was
             he
             his
             parallel
             in
             Government
             ,
             and
             superiour
             in
             Success
             .
             Being
             seated
             in
             the
             Throne
             ,
             all
             men
             thought
             it
             dangerous
             to
             abide
             the
             adventure
             of
             the
             Turn
             of
             this
             Kings
             Spirit
             .
             The
             Clergie
             had
             but
             yesterday
             tried
             the
             Mastery
             with
             the
             Laity
             ,
             and
             gained
             it
             but
             by
             one
             Vote
             :
             there
             was
             no
             dealing
             with
             the
             Clergie
             whilst
             Archbishop
             Arundel
             lived
             ,
             nor
             with
             him
             
             whilst
             Henry
             the
             Fourth
             lived
             ,
             or
             his
             Merits
             were
             in
             memory
             ;
             but
             now
             they
             both
             are
             dead
             ,
             the
             Clergie
             and
             the
             Laity
             are
             upon
             even
             ground
             .
             This
             might
             make
             the
             Clergie
             now
             not
             over-confident
             :
             The
             Lords
             looked
             on
             the
             King
             as
             a
             man
             like
             enough
             to
             strike
             him
             that
             stands
             next
             .
             The
             wise
             men
             saw
             he
             would
             be
             doing
             ;
             all
             men
             were
             tired
             with
             Intestine
             Quarrels
             ;
             and
             jumped
             in
             one
             ,
             
               That
               he
               that
               would
               be
               in
               action
               ,
               should
               act
               abroad
               ;
               where
               he
               might
               get
               Renown
               ,
               and
               a
               Purchase
               big
               enough
               for
               his
               Spirit
               .
            
          
           
             Scotland
             was
             a
             Kingdom
             yet
             incompetent
             to
             the
             King's
             Appetite
             .
             France
             was
             the
             fairer
             Mark
             ,
             and
             better
             Game
             ;
             and
             though
             too
             big
             for
             the
             English
             gripe
             ,
             yet
             the
             Eagle
             stooped
             ,
             and
             sped
             himself
             so
             well
             ,
             as
             within
             six
             years
             he
             fastned
             upon
             the
             Sword
             and
             Scepter
             ,
             and
             a
             Daughter
             of
             France
             ,
             and
             might
             have
             seized
             the
             Crown
             ,
             but
             chose
             to
             suffer
             a
             blur
             to
             lie
             upon
             his
             Title
             derived
             from
             Edward
             the
             Third
             ,
             rather
             than
             to
             incur
             the
             censure
             of
             Arrogancy
             over
             a
             stooping
             Enemy
             ,
             or
             to
             pluck
             the
             fruit
             from
             the
             Tree
             before
             it
             was
             fully
             ripe
             ;
             which
             in
             time
             would
             fall
             ●nto
             his
             lap
             by
             a
             better
             Law
             than
             that
             of
             the
             Sword
             :
             Otherwise
             it
             might
             be
             well
             conceited
             ,
             that
             
               he
               that
               hath
               both
               Right
               and
               Power
               ,
               and
               will
               not
               seize
               ,
               disclaims
               .
            
             Besides
             ,
             the
             King
             was
             as
             well
             Inheritor
             to
             his
             Father's
             Fate
             as
             Crown
             :
             still
             he
             had
             success
             ,
             but
             the
             end
             was
             so
             far
             distant
             ,
             that
             he
             died
             in
             the
             way
             thereto
             .
             The
             brave
             Dauphine
             of
             France
             maintaining
             War
             (
             after
             his
             Father
             the
             French
             King
             had
             yielded
             up
             the
             Bucklers
             to
             Henry
             the
             Fifth
             )
             till
             Henry
             the
             Fifth
             died
             ,
             and
             the
             English
             did
             forgo
             what
             they
             had
             formerly
             gotten
             in
             France
             by
             the
             Sword
             of
             that
             great
             Commander
             .
             Nor
             did
             the
             English
             gain
             any
             thing
             in
             the
             conclusion
             of
             this
             War
             ,
             but
             an
             honourable
             windy
             repute
             of
             being
             one
             of
             the
             five
             Chief
             Nations
             of
             Christendom
             ,
             (
             if
             honour
             it
             be
             to
             be
             reputed
             amongst
             the
             Nations
             )
             a
             Conquerour
             of
             France
             ,
             the
             chief
             Leader
             unto
             the
             dethroning
             of
             three
             Popes
             at
             once
             ,
             the
             Election
             of
             Pope
             Martin
             ,
             and
             of
             giving
             a
             Cure
             to
             that
             deadly
             Wound
             of
             the
             Popedom
             which
             had
             spent
             the
             bloud
             of
             two
             hundred
             thousand
             mens
             lives
             lost
             in
             that
             Quarrel
             .
          
           
             These
             Foreign
             Engagements
             made
             the
             King
             less
             sollicitous
             of
             the
             point
             of
             Prerogative
             at
             home
             ;
             and
             the
             rather
             ,
             because
             he
             knew
             the
             way
             to
             conquer
             his
             private
             Enemies
             Arms
             ,
             and
             his
             Subjects
             Hearts
             ;
             without
             loss
             of
             Honour
             in
             the
             one
             ,
             or
             Reverence
             in
             the
             other
             .
             He
             loved
             Justice
             above
             the
             rank
             of
             his
             Predecessors
             ,
             and
             in
             some
             respects
             above
             himself
             ;
             for
             he
             advanced
             Gascoign
             for
             doing
             Justice
             ,
             though
             to
             the
             King
             's
             own
             shame
             .
             He
             liked
             not
             to
             intrude
             himself
             into
             Elections
             ,
             and
             therefore
             ,
             though
             requested
             by
             the
             Monks
             of
             Canterbury
             ,
             he
             would
             not
             nominate
             a
             Successour
             to
             Archbishop
             Arundel
             ,
             
             but
             left
             the
             whole
             work
             to
             them
             .
             In
             the
             Authority
             of
             his
             place
             he
             was
             moderate
             ,
             and
             where
             his
             Predecessors
             did
             matters
             without
             the
             
               Lords
               consent
            
             ;
             when
             he
             made
             his
             Unkle
             the
             Marquiss
             of
             Dorset
             ,
             Duke
             of
             Exeter
             ,
             and
             had
             given
             him
             a
             Pension
             to
             maintain
             that
             honour
             ,
             
             he
             asked
             the
             
               Lords
               consent
            
             thereto
             .
             To
             the
             Clergie
             he
             was
             more
             than
             just
             ,
             if
             not
             indulgent
             ;
             led
             thereto
             by
             his
             Father's
             example
             ,
             as
             being
             wrapped
             up
             in
             the
             same
             Interest
             as
             I
             conceive
             ,
             rather
             than
             out
             of
             any
             liking
             of
             their
             ways
             ,
             now
             growing
             more
             bold
             upon
             Usurpation
             than
             in
             former
             times
             .
             Or
             it
             may
             be
             ,
             that
             having
             prevailed
             in
             that
             work
             in
             France
             ,
             which
             to
             any
             rational
             man
             must
             needs
             appear
             above
             the
             power
             of
             the
             King
             ,
             and
             all
             the
             Realm
             of
             England
             ;
             he
             looked
             upon
             it
             as
             more
             than
             humane
             ,
             and
             himself
             as
             an
             instrument
             of
             Miracles
             .
             And
             was
             stirred
             up
             in
             his
             Zeal
             to
             God
             ,
             according
             to
             his
             understanding
             in
             those
             dark
             times
             ,
             to
             give
             the
             Clergie
             scope
             ,
             and
             to
             pleasure
             them
             with
             their
             liberty
             of
             the
             
             Canon-Law
             ,
             that
             began
             now
             to
             thunder
             with
             Fire
             and
             Terrour
             in
             such
             manner
             ,
             
             that
             neither
             greatness
             nor
             multitude
             could
             withstand
             the
             dint
             ;
             as
             was
             evidenced
             in
             that
             Penance
             inflicted
             upon
             the
             Lord
             Strange
             and
             his
             Lady
             in
             case
             of
             Bloud-shed
             in
             
               Holy
               Ground
            
             ;
             and
             their
             hot
             pursuit
             of
             the
             Lord
             Cobham
             unto
             a
             death
             of
             a
             new
             nature
             ,
             for
             somewhat
             done
             which
             was
             sometimes
             called
             Treason
             ,
             and
             sometimes
             Heresie
             .
             And
             thus
             became
             Henry
             the
             Fifth
             baptized
             in
             the
             Flames
             of
             the
             Lollards
             ,
             as
             his
             Father
             had
             sadly
             rendred
             up
             his
             spirit
             in
             the
             same
             .
             I
             say
             ,
             in
             this
             he
             is
             to
             be
             looked
             upon
             as
             one
             misled
             for
             want
             of
             light
             ,
             rather
             than
             in
             opposition
             against
             the
             light
             :
             For
             in
             his
             last
             Will
             ,
             wherein
             men
             are
             wont
             to
             be
             more
             serious
             and
             sincere
             ,
             amongst
             his
             private
             regards
             ,
             he
             forgets
             not
             to
             reflect
             upon
             Religion
             to
             this
             purpose
             .
             
               We
               further
               bequeath
            
             (
             saith
             he
             )
             
               to
               the
               redundant
               Mercy
               of
               the
               Most
               Excellent
               Saviour
               ,
               the
               Faith
               ,
               Hope
               ,
               and
               Charity
               ,
               the
               Vertue
               ,
               Prosperity
               ,
               and
               Peace
               of
               the
               Kings
               our
               Successours
               ,
               and
               of
               our
               Kingdom
               of
            
             England
             ;
             
               that
               God
               for
               his
               goodness
               sake
               would
               protect
               ,
               visit
               ,
               and
               defend
               them
               from
               Divisi●●s
               ,
               Dissentions
               ,
               and
               from
               all
               manner
               of
               decitfulness
               of
               Hereticks
               .
            
             And
             thus
             the
             Piety
             ,
             Justice
             ,
             and
             Moderation
             of
             Henry
             the
             Fifth
             ,
             adorned
             and
             crowned
             the
             honour
             of
             his
             Courage
             and
             Greatness
             ,
             with
             that
             honourable
             Title
             of
             
               Prince
               of
               Priests
            
             :
             And
             had
             he
             been
             blessed
             with
             a
             clearer
             light
             ,
             he
             might
             as
             well
             under
             God
             have
             obtained
             the
             Title
             of
             
               Prince
               of
               Princ●s
            
             ,
             wanting
             nothing
             that
             might
             have
             rendred
             him
             a
             precedent
             of
             Fame
             .
          
           
             But
             the
             time
             is
             now
             come
             ,
             
             that
             the
             Tide
             of
             England's
             Glory
             must
             turn
             ,
             and
             the
             sudden
             Conquest
             in
             France
             by
             Henry
             the
             Fifth
             ,
             not
             unlike
             the
             Macedonian
             Monarchy
             ,
             must
             disgorge
             it self
             of
             what
             it
             had
             hastily
             devoured
             ,
             but
             never
             could
             digest
             .
             Three
             things
             concurred
             hereunto
             ;
             one
             dangerous
             ,
             the
             other
             two
             fatal
             to
             the
             flourishing
             condition
             of
             any
             Nation
             .
          
           
             First
             ,
             The
             King
             is
             a
             Minor
             in
             the
             least
             degree
             that
             ever
             any
             Prince
             sate
             on
             English
             Throne
             .
             He
             entred
             thereinto
             ,
             neither
             knowing
             what
             he
             did
             ,
             nor
             where
             he
             was
             ;
             and
             some
             say
             ,
             he
             sate
             therein
             in
             his
             Mothers
             Lap
             :
             for
             his
             Life
             had
             been
             more
             in
             the
             Womb
             than
             abroad
             .
             A
             sad
             presage
             of
             what
             followed
             !
             for
             many
             men
             think
             that
             he
             was
             in
             a
             Lap
             all
             his
             days
             .
             Nor
             are
             the
             chief
             men
             to
             be
             blamed
             herein
             :
             for
             it
             is
             a
             certain
             Truth
             ,
             That
             it
             is
             much
             better
             that
             the
             Election
             of
             a
             King
             should
             be
             grounded
             upon
             a
             rule
             that
             is
             known
             ,
             though
             it
             be
             by
             descent
             of
             Inheritance
             ,
             than
             upon
             none
             at
             all
             .
             For
             if
             a
             Child
             should
             succeed
             ,
             or
             a
             Lunatick
             ,
             yet
             where
             the
             Principle
             of
             Government
             resteth
             upon
             the
             Representative
             of
             the
             people
             ,
             there
             is
             the
             less
             cause
             of
             Complaint
             ;
             the
             Government
             being
             still
             the
             same
             ,
             both
             for
             Strength
             ,
             Wisdom
             ,
             and
             Uniformity
             ,
             though
             it
             may
             be
             the
             Nation
             not
             so
             active
             and
             brave
             :
             For
             a
             Commonwealth
             can
             admit
             of
             no
             Minority
             ,
             though
             a
             Monarchy
             by
             descent
             may
             .
          
           
             Secondly
             ,
             This
             deficiency
             in
             Nature
             might
             have
             been
             supplied
             ,
             but
             that
             these
             times
             were
             unhappy
             in
             the
             great
             power
             of
             the
             Lords
             ;
             to
             please
             whom
             ,
             the
             Government
             is
             parcelled
             out
             into
             two
             shares
             :
             One
             is
             made
             Protector
             of
             the
             King's
             person
             ,
             the
             other
             Protector
             of
             the
             Kingdom
             ;
             too
             many
             by
             one
             :
             For
             let
             their
             persons
             be
             never
             so
             eminent
             for
             Abilities
             ,
             if
             they
             be
             not
             as
             eminent
             for
             Humility
             and
             Self-command
             ,
             their
             hearts
             will
             soon
             over-rule
             their
             heads
             into
             a
             Faction
             .
             
               And
               therefore
               though
               the
               Earl
               of
            
             Warwick
             
               was
               a
               wise
               man
               ,
               and
               the
               Duke
               of
            
             Gloucester
             
               a
               wise
               man
               ,
               yet
               the
               
               Earl
               of
            
             Warwick
             
               with
               the
               Duke
               of
            
             Gloucester
             ,
             
               were
               not
               wise
            
             .
             On
             the
             other
             side
             ,
             the
             Protectorship
             of
             the
             King's
             person
             being
             in
             the
             Duke
             of
             Exeter
             ,
             and
             that
             of
             the
             Realm
             in
             the
             Duke
             of
             Gloucester
             ,
             things
             succeeded
             passing
             well
             ;
             for
             they
             both
             had
             one
             publick
             aim
             ,
             and
             the
             Duke
             of
             Exeter
             could
             comply
             with
             the
             Spirit
             of
             the
             Duke
             of
             Gloucester
             ,
             who
             otherwise
             was
             not
             so
             pliant
             .
             But
             after
             five
             years
             ,
             the
             Duke
             of
             Exeter
             dying
             ,
             and
             the
             Government
             of
             the
             King's
             person
             devolving
             to
             the
             Earl
             of
             Warwick
             ,
             who
             sided
             with
             the
             proud
             Cardinal
             of
             Winchester
             against
             the
             Duke
             of
             Gloucester
             ,
             and
             so
             not
             onely
             consumed
             the
             rest
             of
             the
             Kings
             Non-age
             in
             a
             restless
             disturbance
             of
             Affairs
             ,
             but
             also
             despoiled
             Henry
             the
             Sixth
             of
             the
             spirit
             of
             a
             King
             for
             the
             future
             ,
             and
             so
             the
             Kingdom
             of
             a
             King.
             For
             it
             was
             not
             the
             condition
             of
             Henry
             the
             Sixth
             ,
             to
             be
             endowed
             with
             a
             spirit
             of
             such
             height
             ,
             but
             might
             well
             have
             been
             led
             by
             Advice
             ,
             and
             needed
             not
             the
             Earl
             of
             Warwick's
             rugged
             Brow
             to
             over-look
             him
             ;
             who
             was
             not
             content
             to
             have
             the
             King
             onely
             attendant
             upon
             his
             Advice
             ,
             but
             must
             likewise
             have
             him
             under
             his
             Rod
             ,
             to
             be
             corrected
             for
             his
             Faults
             ;
             and
             that
             by
             a
             Commission
             under
             the
             King
             's
             own
             Hand
             ,
             and
             Seal
             ,
             dated
             in
             the
             Eleventh
             year
             of
             the
             King's
             Reign
             :
             and
             so
             under
             colour
             of
             curbing
             ,
             he
             killed
             that
             spirit
             in
             the
             King
             ,
             which
             otherwise
             doubtless
             had
             both
             spirit
             and
             pride
             enough
             to
             act
             himself
             above
             his
             due
             height
             ,
             and
             could
             not
             have
             been
             so
             long
             a
             Child
             ,
             and
             so
             little
             a
             Man
             as
             he
             was
             .
          
           
             It
             is
             very
             true
             ,
             that
             Henry
             the
             Fifth
             by
             Will
             ,
             seemed
             to
             countenance
             his
             Brothers
             ;
             and
             it
             cannot
             be
             denied
             but
             the
             Duke
             of
             Gloucester
             was
             of
             such
             noble
             parts
             ,
             that
             they
             could
             hardly
             dilate
             in
             any
             work
             inferiour
             to
             the
             Government
             of
             a
             Kingdom
             .
             Nevertheless
             ,
             to
             yield
             much
             to
             the
             Will
             of
             a
             diseased
             King
             in
             such
             cases
             ,
             is
             as
             ill
             a
             preceden●
             as
             the
             making
             of
             a
             King
             by
             Adoption
             .
             And
             it
             had
             been
             better
             for
             the
             people
             to
             have
             adhered
             to
             the
             Duke
             of
             Gloucester
             alone
             ,
             than
             by
             joyning
             him
             with
             another
             ,
             bring
             into
             a
             precedent
             such
             a
             luxuriant
             Complement
             of
             State
             ,
             as
             a
             
               Protectorship
               of
               a
               Kingdom
            
             ,
             which
             is
             of
             such
             little
             use
             to
             a
             Commonwealth
             ,
             and
             of
             so
             bitter
             Fruit
             to
             the
             Party
             ,
             as
             must
             needs
             bring
             Repentance
             when
             it
             is
             too
             late
             .
             
               For
               he
               that
               can
               manage
               the
               Protectorship
               of
               a
               Realm
               ,
               without
               anger
               of
               good
               men
               ,
               or
               envy
               of
               bad
               men
               ,
               is
               fitting
               to
               live
               onely
               with
               Angels
               ,
               and
               too
               good
               for
               the
               World.
            
             Nor
             did
             the
             Duke
             of
             Gloucester
             meet
             with
             better
             measure
             how
             wise
             soever
             he
             was
             ,
             and
             truly
             devoted
             to
             the
             good
             of
             the
             Realm
             .
             For
             after
             four
             and
             twenty
             years
             Government
             ,
             so
             wisely
             and
             faithfully
             carried
             on
             by
             him
             ,
             that
             Justice
             it self
             could
             not
             touch
             his
             person
             ;
             unjustice
             did
             ,
             and
             he
             received
             this
             reward
             from
             his
             Nephew
             Henry
             the
             Sixth
             ,
             that
             he
             died
             in
             the
             dark
             ,
             because
             the
             Cause
             durst
             not
             endure
             the
             light
             .
          
           
             Now
             is
             Henry
             the
             Sixth
             perswaded
             that
             he
             is
             of
             full
             Age
             ,
             he
             had
             laid
             aside
             his
             Guardian
             the
             Duke
             of
             Gloucester
             ;
             but
             forgetting
             to
             sue
             out
             his
             Livery
             ,
             he
             betakes
             himself
             from
             the
             Grace
             of
             God
             ,
             into
             the
             warm
             Sun
             ,
             (
             as
             the
             Proverb
             is
             )
             changing
             the
             Advice
             of
             a
             faithful
             experienced
             wise
             Counsellour
             ,
             for
             the
             Government
             of
             an
             Imperious
             Woman
             ,
             his
             Queen
             :
             who
             allowed
             him
             no
             more
             of
             a
             King
             ,
             than
             the
             very
             Name
             ;
             and
             that
             also
             she
             abused
             ,
             to
             out-face
             the
             World.
             And
             after
             she
             had
             removed
             the
             Duke
             of
             Gloucester
             out
             of
             the
             way
             ,
             undertook
             the
             sway
             of
             the
             Kingdom
             in
             her
             own
             person
             ,
             being
             a
             Foreigner
             ,
             neither
             knowing
             nor
             caring
             for
             other
             Law
             than
             the
             Will
             of
             a
             Woman
             .
          
           
             Thus
             the
             Glory
             of
             the
             House
             of
             Lancaster
             goes
             down
             ,
             and
             now
             a
             Star
             of
             the
             House
             of
             York
             appears
             in
             the
             rising
             ,
             and
             the
             people
             look
             to
             it
             .
             The
             Queen
             hereat
             becomes
             a
             Souldier
             ,
             and
             begins
             the
             
               Civil
               Wars
            
             between
             the
             two
             Houses
             ,
             wherein
             (
             her
             English
             party
             growing
             wise
             and
             weary
             )
             she
             
             prays
             Aid
             of
             Ireland
             ;
             a
             Nation
             that
             like
             unto
             Crows
             ,
             ever
             wants
             to
             prey
             upon
             the
             Infirmities
             of
             England
             .
             The
             Wars
             continue
             about
             sixteen
             years
             by
             ●its
             ,
             wherein
             the
             first
             loss
             fell
             to
             the
             English
             party
             ,
             the
             pretensions
             being
             yet
             onely
             for
             good
             Government
             .
             Then
             the
             Field
             is
             quiet
             for
             about
             four
             years
             ;
             after
             which
             ,
             the
             clamour
             of
             ill
             Government
             revives
             ,
             and
             together
             therewith
             a
             claim
             to
             the
             Crown
             by
             the
             House
             of
             York
             is
             avouched
             .
             Thereupon
             the
             Wars
             grew
             hot
             for
             about
             four
             years
             more
             ;
             and
             then
             an
             ebb
             of
             as
             long
             Quiet
             ensues
             .
             The
             Tide
             at
             last
             returns
             ,
             and
             in
             two
             years
             War
             ,
             
             ends
             the
             Quarrel
             ,
             with
             the
             death
             of
             Fourscore
             Princes
             of
             the
             Bloud-Royal
             ,
             and
             of
             this
             good
             man
             ,
             but
             unhappy
             King.
             
          
           
             Unhappy
             King
             ,
             I
             say
             ,
             that
             to
             purchase
             his
             Kingdoms
             Freedom
             from
             a
             Foreign
             War
             ,
             sold
             himself
             to
             a
             Woman
             ,
             and
             yet
             lost
             his
             Bargain
             ,
             and
             left
             it
             to
             Observation
             ,
             
               That
               a
               Conscientious
               man
               that
               marries
               for
               by-regards
               ,
               never
               thrives
               .
            
             For
             France
             espied
             their
             advantage
             ;
             they
             had
             maintained
             War
             with
             England
             from
             the
             death
             of
             Henry
             the
             Fifth
             ,
             with
             various
             success
             .
             The
             Duke
             of
             Bedford
             being
             Regent
             for
             the
             English
             ;
             for
             the
             space
             of
             fourteen
             years
             mightily
             sustained
             the
             fainting
             condition
             of
             the
             English
             Affairs
             in
             those
             parts
             ;
             and
             having
             crowned
             his
             Master
             Henry
             the
             Sixth
             in
             Paris
             ,
             in
             the
             ninth
             year
             died
             ;
             leaving
             behind
             him
             an
             honourable
             Witness
             ,
             even
             from
             his
             Enemies
             :
             
               That
               he
               was
               a
               brave
               Commander
               ,
               a
               true
               Patriot
               ,
               and
               a
               faithful
               Servant
               to
               his
               Lord
               and
               Brother
            
             Henry
             
               the
               Fifth
               ,
               and
               to
               his
               Son
            
             Henry
             
               the
               Sixth
            
             .
             But
             now
             the
             Duke
             of
             Bedford
             is
             dead
             ;
             and
             though
             France
             had
             concluded
             a
             Peace
             with
             the
             English
             ,
             yet
             they
             could
             not
             forget
             the
             smart
             of
             their
             Rod
             ,
             but
             concluded
             their
             Peace
             upon
             a
             Marriage
             to
             be
             had
             with
             a
             Woman
             of
             their
             own
             bloud
             and
             interest
             .
             And
             what
             they
             could
             not
             effect
             by
             Arms
             in
             th●●r
             own
             Field
             ,
             they
             did
             upon
             English
             ground
             by
             a
             Feminine
             Spirit
             ,
             which
             they
             sent
             over
             into
             England
             to
             be
             their
             Queen
             ;
             and
             in
             one
             Civil
             War
             (
             shedding
             more
             English
             bloud
             by
             the
             English
             Sword
             ,
             than
             they
             could
             formerly
             do
             by
             all
             the
             men
             of
             France
             )
             were
             revenged
             upon
             England
             to
             the
             full
             ,
             
             at
             the
             English-mens
             own
             charge
             .
             For
             what
             the
             English
             gain
             by
             the
             Sword
             ,
             is
             commonly
             lost
             by
             Discourse
             .
          
           
             A
             Kingdom
             is
             never
             more
             befooled
             ,
             than
             in
             the
             Marriage
             of
             their
             King
             :
             if
             the
             Lady
             be
             great
             ,
             she
             is
             good
             enough
             ,
             though
             as
             Jezabel
             ,
             she
             will
             neither
             reverence
             her
             Husband
             ,
             obey
             her
             Lord
             and
             King
             ,
             nor
             regard
             his
             people
             .
             And
             thus
             was
             this
             Kingdom
             scourged
             by
             a
             Marriage
             ,
             for
             the
             sin
             of
             the
             wise
             men
             ,
             that
             (
             building
             upon
             a
             false
             Foundation
             )
             advised
             the
             King
             in
             the
             breach
             of
             Contract
             with
             the
             Earl
             of
             
             Arminiack's
             Daughter
             .
             And
             thus
             the
             King
             also
             ,
             for
             that
             hearkning
             to
             such
             Counsel
             ,
             murthered
             the
             Duke
             of
             Gloucester
             ,
             that
             had
             been
             to
             him
             a
             Father
             ;
             yielded
             up
             his
             Power
             to
             his
             Queen
             ,
             (
             a
             masterless
             and
             proud
             woman
             ,
             that
             made
             him
             like
             a
             broken
             Idol
             without
             use
             )
             suffered
             a
             Recovery
             of
             his
             Crown
             and
             Scepter
             in
             the
             Parliament
             from
             his
             own
             Issue
             ,
             to
             the
             Line
             of
             York
             ;
             then
             renewing
             the
             War
             (
             at
             his
             Queens
             beck
             )
             lost
             what
             he
             had
             left
             of
             his
             Kingdom
             ,
             Country
             ,
             and
             Liberty
             ;
             and
             (
             like
             the
             King
             that
             forgot
             the
             kindness
             of
             Jehojada
             )
             lost
             his
             Life
             by
             the
             hand
             of
             his
             Servant
             .
          
        
         
           
           
             CHAP.
             XIV
             .
             Of
             the
             Parliament
             during
             the
             Reigns
             of
             these
             Kings
             .
          
           
             THe
             Interest
             of
             the
             Parliament
             of
             England
             is
             never
             more
             predominant
             ,
             than
             when
             Kings
             want
             Title
             or
             Age.
             The
             first
             of
             these
             was
             the
             Case
             of
             Henry
             the
             Fourth
             immediately
             ;
             but
             of
             them
             all
             ,
             in
             relation
             to
             the
             pretended
             Law
             of
             the
             Crown
             :
             but
             Henry
             the
             Sixth
             had
             the
             disadvantage
             of
             both
             ;
             whereof
             in
             its
             due
             place
             .
          
           
             The
             pretended
             Law
             of
             the
             Crown
             of
             England
             ,
             is
             to
             hold
             by
             Inheritance
             ,
             with
             power
             to
             dispose
             of
             the
             same
             ,
             in
             such
             manner
             ,
             by
             such
             means
             ,
             and
             unto
             such
             persons
             as
             the
             King
             shall
             please
             .
             To
             this
             ,
             it
             cannot
             be
             denied
             ,
             divers
             Kings
             had
             put
             in
             their
             claims
             ,
             by
             devising
             their
             Crown
             in
             their
             last
             Will
             :
             but
             the
             success
             must
             be
             attributed
             to
             some
             power
             under
             God
             ,
             that
             must
             be
             the
             Executor
             when
             all
             is
             done
             ;
             and
             which
             must
             in
             cases
             of
             Debate
             concerning
             Succession
             ,
             determine
             the
             matter
             by
             a
             Law
             best
             known
             to
             the
             Judge
             himself
             .
          
           
             Not
             much
             unlike
             hereunto
             ,
             is
             the
             Case
             of
             Henry
             the
             Fourth
             ,
             who
             like
             a
             Bud
             putting
             up
             in
             the
             place
             of
             a
             fading
             Leaf
             ,
             dismounts
             his
             Predecessor
             :
             First
             ,
             from
             the
             peoples
             regard
             ,
             and
             after
             from
             his
             Throne
             ;
             which
             being
             empty
             ,
             sometimes
             he
             pretended
             the
             resignation
             of
             his
             Predecessor
             to
             him
             ,
             other
             whiles
             an
             obscure
             Title
             by
             descent
             ;
             his
             Conscience
             telling
             him
             all
             the
             while
             ,
             that
             it
             was
             the
             Sword
             that
             wrought
             the
             work
             .
             But
             when
             he
             comes
             to
             plead
             his
             Title
             to
             Foreign
             Princes
             by
             protestation
             ,
             laying
             aside
             the
             mention
             of
             them
             all
             ,
             he
             justifies
             upon
             the
             
               unanimous
               consent
            
             of
             the
             Parliament
             ,
             and
             the
             people
             ,
             in
             his
             own
             onely
             person
             .
             And
             so
             before
             all
             the
             World
             ,
             confessed
             the
             Authority
             and
             Power
             of
             the
             Parliament
             of
             England
             ,
             in
             disposing
             of
             the
             Crown
             in
             special
             Cases
             ,
             as
             a
             sufficient
             Bar
             unto
             any
             pretended
             Right
             that
             might
             arise
             from
             the
             House
             of
             Mortimar
             .
             And
             yet
             because
             he
             never
             walks
             safely
             that
             hath
             an
             Enemy
             pursuing
             him
             still
             within
             reach
             ,
             he
             bethinks
             himself
             not
             sure
             enough
             ,
             unless
             his
             next
             Successours
             follow
             the
             dance
             upon
             the
             same
             foot
             :
             To
             this
             end
             an
             Act
             of
             Parliament
             leads
             the
             Tune
             ,
             whereby
             the
             Crown
             is
             granted
             or
             confirmed
             to
             Henry
             the
             Fourth
             for
             life
             ,
             and
             entailed
             upon
             his
             Sons
             ,
             
               Thomas
               ,
               John
            
             ,
             and
             Humphrey
             ,
             by
             a
             Petition
             presented
             5
             Hen.
             4.
             
          
           
             Thus
             Henry
             the
             Fourth
             ,
             
             to
             save
             his
             own
             stake
             ,
             brought
             his
             Posterity
             into
             the
             like
             capacity
             with
             himself
             ,
             
             that
             they
             must
             be
             Kings
             ,
             or
             not
             subsist
             in
             the
             World
             ,
             if
             the
             House
             of
             York
             prevails
             .
             And
             so
             he
             becomes
             secured
             against
             the
             House
             of
             York
             treading
             on
             his
             heels
             ,
             unless
             the
             Parliament
             of
             England
             shall
             eat
             their
             own
             word
             .
             However
             ,
             for
             the
             present
             the
             House
             of
             Lancaster
             hath
             the
             Crown
             entailed
             ,
             and
             the
             Inheritance
             is
             left
             
               in
               the
               Clouds
            
             ,
             to
             be
             revealed
             in
             due
             time
             .
             
             For
             though
             this
             was
             the
             first
             precedent
             of
             this
             kind
             ,
             yet
             was
             it
             not
             the
             last
             wherein
             the
             Parliament
             exercised
             a
             Power
             by
             Grant
             or
             Confirmation
             ,
             to
             direct
             the
             Law
             and
             Course
             of
             the
             Crown
             as
             they
             pleased
             .
          
           
             The
             due
             consideration
             hereof
             ,
             will
             make
             the
             things
             that
             follow
             less
             strange
             .
             For
             the
             Parliament
             ,
             according
             to
             occasion
             ,
             as
             the
             
               Supream
               Power
            
             of
             this
             Kingdom
             ,
             exercised
             Supream
             Jurisdiction
             in
             order
             to
             the
             safety
             of
             the
             Kingdom
             ,
             
             as
             if
             no
             King
             had
             been
             to
             be
             found
             ,
             in
             issuing
             forth
             Writs
             under
             the
             Great
             Seal
             ;
             concluding
             of
             matters
             without
             the
             
             
               Royal
               Assent
            
             ;
             
             treating
             of
             Peace
             with
             Foreign
             Nations
             ,
             and
             of
             other
             matters
             ;
             and
             determining
             their
             Resolves
             before
             discovery
             made
             to
             the
             King
             of
             their
             Counsels
             ;
             
             making
             Ordinances
             ,
             
             and
             ruling
             by
             them
             ,
             3
             
               H.
               6.
               n.
               29.
               2
               
               H.
               6.
               n.
               27.
               8
               
               H.
               6.
               n.
            
             12.
             referring
             matters
             determinable
             in
             Parliament
             ,
             to
             be
             determined
             according
             to
             their
             directions
             
               Authoritate
               Parliamenti
               ;
               confirming
               Peace
            
             made
             by
             the
             King
             ;
             
             protesting
             against
             Peace
             made
             without
             or
             against
             their
             consent
             ;
             making
             Embassadours
             with
             power
             to
             engage
             for
             the
             Kingdom
             ;
             
             making
             Generals
             of
             the
             Army
             ,
             
             Admirals
             at
             Sea
             ,
             
               Chancellors
               ,
               Barons
            
             ,
             and
             
               Privy
               Counsellors
            
             ,
             and
             giving
             them
             instructions
             ,
             8
             H.
             4.
             n.
             73.
             
             
               and
               76.
               and
               31.
               5
               
               H.
               4.
               n.
               57.
               31
               
               H.
               6.
               n.
            
             21.
             and
             binding
             them
             to
             observance
             upon
             Oath
             ,
             
             11
             
               H.
               4.
               n.
            
             19
             ,
             
             39.
             ordering
             the
             person
             of
             the
             King
             ,
             denying
             his
             power
             of
             Judicature
             in
             Parliament
             ,
             and
             ordering
             his
             Houshold
             and
             Revenue
             ;
             
             besides
             many
             other
             particulars
             .
             
          
           
             Now
             if
             such
             as
             these
             things
             were
             thus
             done
             ,
             not
             by
             one
             Parliament
             ,
             which
             possibly
             might
             be
             overswayed
             by
             Factions
             ,
             but
             by
             the
             course
             of
             a
             Series
             of
             Parliaments
             ,
             that
             mightily
             laboured
             against
             Faction
             ,
             and
             unworthy
             ends
             and
             aims
             ;
             that
             man
             who
             shall
             determine
             the
             same
             to
             be
             unjust
             or
             indiscreet
             ,
             should
             himself
             first
             be
             determined
             to
             be
             very
             just
             ,
             and
             exceeding
             wise
             .
             Nor
             was
             the
             Parliament
             partial
             in
             all
             this
             ;
             but
             being
             in
             a
             way
             of
             Reformation
             ,
             it
             set
             upon
             the
             work
             of
             reforming
             it self
             .
          
           
             Some
             that
             are
             very
             zealous
             in
             the
             point
             of
             Arbitrary
             and
             Absolute
             Government
             of
             Kings
             in
             this
             Nation
             ,
             and
             in
             all
             other
             ,
             amongst
             other
             grounds
             rest
             upon
             this
             one
             ,
             That
             an
             English
             King
             hath
             power
             to
             call
             Parliaments
             ,
             and
             dissolve
             them
             ;
             to
             make
             and
             unmake
             Members
             as
             he
             shall
             please
             .
             I
             do
             easily
             grant
             ,
             that
             Kings
             have
             many
             Occasions
             and
             Opportunities
             to
             beguile
             their
             People
             ;
             yet
             can
             they
             do
             nothing
             as
             Kings
             ,
             but
             what
             of
             right
             they
             ought
             to
             do
             .
             
               They
               may
               call
               Parliaments
               ,
               but
               neither
               as
               often
               or
               seldom
               as
               they
               please
               ,
               if
               the
               Statue-Laws
               of
               this
               Realm
               might
               take
               place
               .
            
             Nor
             if
             they
             could
             ,
             is
             that
             power
             necessarily
             and
             absolutely
             arising
             from
             Supremacy
             ;
             seeing
             it
             is
             well
             known
             that
             such
             power
             is
             betrusted
             by
             the
             Superiour
             States
             in
             other
             Nations
             ,
             to
             the
             Inferiour
             ,
             who
             dayly
             attend
             on
             publick
             Affairs
             ;
             and
             therefore
             can
             discern
             when
             the
             general
             Conventions
             are
             most
             necessary
             .
             As
             touching
             the
             dissolving
             of
             Parliaments
             against
             the
             wills
             of
             the
             Houses
             ,
             it
             is
             true
             that
             sad
             precedents
             have
             been
             of
             later
             times
             in
             that
             kind
             ;
             and
             so
             for
             want
             of
             due
             attendance
             ,
             Parliaments
             have
             been
             enforced
             to
             adjourn
             ,
             to
             prevent
             a
             worse
             inconvenience
             :
             but
             these
             are
             infirmities
             better
             buried
             in
             silence
             ,
             than
             produced
             as
             Arguments
             of
             power
             ;
             seeing
             it
             is
             evident
             that
             Kings
             themselves
             were
             no
             greater
             gainers
             thereby
             ,
             than
             an
             angry
             man
             is
             by
             his
             passions
             .
             It
             is
             true
             al●o
             ,
             that
             Kings
             may
             make
             Lords
             and
             Corporations
             that
             may
             send
             their
             Burgesses
             to
             the
             Parliament
             ;
             and
             thus
             the
             King
             may
             make
             as
             many
             as
             he
             will
             ,
             (
             as
             the
             Pope
             did
             with
             the
             Bishops
             in
             the
             Council
             of
             Trent
             )
             yet
             cannot
             he
             unmake
             them
             when
             he
             pleases
             ,
             nor
             take
             the
             Members
             from
             the
             Parliament
             ,
             without
             attainder
             and
             forfeiture
             ,
             according
             to
             the
             known
             Law.
             Neither
             can
             all
             these
             Instances
             prove
             ,
             that
             the
             Kings
             of
             England
             have
             the
             sole
             and
             supreme
             power
             over
             the
             Parliament
             :
             Nor
             did
             the
             Parliament
             in
             these
             times
             allow
             of
             any
             such
             Authority
             ,
             and
             therefore
             proceeded
             for
             the
             reforming
             of
             themselves
             by
             themselves
             ,
             in
             many
             particulars
             ,
             as
             the
             Statutes
             do
             hold
             forth
             .
          
           
             And
             first
             in
             the
             point
             of
             Elections
             ,
             (
             for
             an
             errour
             in
             that
             ,
             is
             like
             an
             errour
             in
             the
             first
             Concoction
             ,
             
             that
             spoils
             the
             whole
             Nutriment
             )
             they
             ordained
             ,
             that
             the
             Election
             of
             Knights
             shall
             be
             at
             the
             next
             County-Court
             after
             the
             Writ
             delivered
             to
             the
             Sheriff
             .
             
          
           
           
             That
             in
             full
             Court
             ,
             between
             the
             hours
             of
             eight
             and
             nine
             in
             the
             morning
             ,
             Proclamation
             shall
             be
             made
             of
             the
             day
             and
             place
             of
             the
             Parliament
             .
             That
             the
             Suters
             duly
             summoned
             ,
             and
             others
             there
             present
             ,
             shall
             then
             proceed
             to
             the
             Elections
             ;
             notwithstanding
             any
             Prayer
             or
             Commandment
             to
             the
             contrary
             .
             That
             the
             names
             of
             the
             persons
             elected
             (
             whether
             present
             or
             absent
             they
             be
             )
             shall
             be
             returned
             by
             Indenture
             between
             the
             Sheriff
             and
             the
             Elizors
             ;
             and
             that
             a
             Clause
             to
             that
             end
             shall
             be
             added
             to
             the
             Writ
             of
             Summons
             .
          
           
             This
             was
             enough
             to
             make
             the
             Sheriff
             understand
             ,
             
             but
             not
             to
             obey
             ,
             
             till
             a
             penalty
             of
             
               one
               hundred
               pound
            
             is
             by
             other
             Laws
             imposed
             upon
             him
             ,
             
             and
             a
             
               years
               imprisonment
               without
               Baibor
               Mainprise
            
             ,
             besides
             
               damages
               for
               false
               return
            
             in
             such
             cases
             ;
             and
             the
             party
             so
             unduly
             returned
             ,
             fined
             ,
             and
             deprived
             of
             all
             the
             Wages
             for
             his
             service
             .
             Thus
             the
             manner
             of
             Election
             is
             reduced
             ;
             but
             the
             persons
             are
             more
             considerable
             :
             for
             hitherto
             any
             man
             of
             English
             bloud
             promiscuously
             had
             right
             to
             give
             or
             receive
             a
             Vote
             ,
             although
             his
             Residency
             were
             over
             the
             wide
             World.
             
          
           
             But
             the
             Parliament
             in
             the
             time
             of
             Henry
             the
             Fifth
             ,
             
             reduced
             these
             also
             (
             whether
             they
             were
             such
             as
             did
             chuse
             ,
             
             or
             were
             chosen
             )
             unto
             their
             proper
             Counties
             ,
             or
             else
             rendred
             them
             uncapable
             to
             vote
             or
             serve
             for
             any
             County
             .
             And
             the
             like
             Order
             was
             made
             for
             the
             Burroughs
             ,
             
               That
               no
               person
               must
               serve
               for
               any
               City
               or
               Burrough
               ,
            
             
             
               nor
               give
               vote
               in
               Electing
               such
               as
               shall
               serve
               for
               that
               Town
               ,
               unless
               they
               be
               both
               free
               ,
               and
               resiants
               within
               that
               City
               or
               Burrough
               :
            
             A
             Law
             no
             less
             wholsom
             than
             seasonable
             .
             For
             the
             times
             of
             Henry
             the
             Fourth
             had
             taught
             men
             to
             know
             by
             experience
             ,
             That
             a
             King
             that
             hath
             Souldiers
             scattered
             over
             the
             Kingdom
             ,
             can
             easily
             sway
             the
             County-courts
             ,
             and
             make
             Parliaments
             for
             their
             own
             Tooth
             .
             Yet
             this
             was
             not
             enough
             ;
             for
             all
             Elizors
             ,
             though
             of
             the
             meanest
             sort
             ,
             yet
             are
             still
             able
             to
             do
             as
             much
             hurt
             with
             their
             Vote
             ,
             as
             those
             of
             the
             best
             sort
             ,
             both
             for
             wisdom
             and
             publick
             mind
             ,
             can
             do
             good
             by
             theirs
             .
             This
             made
             Elections
             much
             subject
             to
             parties
             and
             confusions
             ,
             and
             rendred
             the
             Parliament
             much
             less
             considerable
             .
          
           
             A
             remedy
             hereunto
             is
             provided
             ,
             in
             the
             minority
             of
             Henry
             the
             Sixth
             ,
             
               viz.
               That
               no
               man
               should
               give
               his
               Vote
               in
               Elections
               in
               the
               County
               ,
            
             
             
               unless
               he
               hath
               forty
               shillings
               yearly
               in
               free
               Lands
               or
               Tenements
               ;
               and
               this
               is
               to
               be
               testified
               upon
               Oath
               of
               the
               party
               .
            
             And
             more
             plainly
             it
             is
             orderded
             ,
             (
             within
             two
             years
             after
             )
             that
             each
             Elizor
             shall
             have
             Frank-Tenement
             of
             that
             value
             within
             the
             same
             County
             .
             And
             thus
             the
             Free-men
             yielded
             up
             their
             liberty
             of
             Election
             to
             the
             Free-holders
             ,
             
             possibly
             not
             knowing
             what
             they
             did
             ;
             nevertheless
             ,
             the
             Parliament
             well
             knew
             what
             they
             did
             :
             this
             change
             was
             no
             less
             good
             than
             great
             .
          
           
             For
             first
             ,
             These
             times
             were
             no
             times
             for
             any
             great
             measure
             of
             Civility
             :
             The
             Preface
             of
             the
             Statute
             shews
             ,
             
               That
               the
               meanest
               held
               himself
               as
               good
               a
               man
               ,
               as
               the
               greatest
               in
               the
               Country
            
             ;
             and
             this
             tended
             to
             Parties
             ,
             Tumults
             ,
             and
             Bloudshed
             .
          
           
             Secondly
             ,
             Where
             the
             Multitude
             prevail
             ,
             the
             meaner
             sort
             are
             upon
             the
             upper
             hand
             ;
             and
             these
             (
             generally
             ignorant
             )
             cannot
             judge
             of
             persons
             nor
             times
             ,
             but
             being
             for
             the
             most
             part
             led
             by
             Faction
             or
             Affection
             ,
             rather
             than
             by
             right
             Understanding
             ,
             make
             their
             Elections
             ;
             and
             thereby
             the
             general
             Council
             of
             this
             Nation
             ,
             less
             generous
             and
             noble
             .
          
           
             Thirdly
             ,
             There
             is
             no
             less
             equity
             in
             the
             change
             ,
             than
             policy
             :
             For
             what
             can
             be
             more
             reasonable
             ,
             than
             that
             those
             men
             onely
             should
             have
             their
             Votes
             in
             Election
             of
             the
             Common-Council
             of
             the
             Kindom
             ,
             whose
             Estates
             are
             chargeable
             with
             the
             publick
             Taxes
             and
             Assessments
             ,
             and
             with
             the
             Wages
             
             of
             those
             persons
             that
             are
             chosen
             for
             the
             publick
             Service
             .
             But
             above
             all
             the
             rest
             ,
             this
             advancing
             of
             the
             Free-holders
             in
             this
             manner
             of
             Election
             ,
             was
             beneficial
             to
             the
             Free-men
             of
             England
             ,
             although
             perchance
             they
             considered
             not
             thereof
             ;
             and
             this
             will
             more
             clearly
             appear
             ,
             in
             the
             consideration
             of
             these
             three
             particulars
             .
          
           
             First
             ,
             It
             abated
             the
             power
             of
             the
             Lords
             and
             
               great
               Men
            
             ,
             who
             held
             the
             inferiour
             sort
             at
             their
             Devotion
             ,
             and
             much
             of
             what
             they
             had
             by
             their
             Vote
             .
          
           
             Secondly
             ,
             It
             rendred
             the
             Body
             of
             the
             People
             more
             brave
             ;
             for
             the
             advancing
             of
             the
             Free-holder
             above
             the
             Free-man
             ,
             raiseth
             the
             spirit
             of
             the
             meaner
             sort
             to
             publick
             regards
             ,
             and
             (
             under
             a
             kind
             of
             Ambition
             )
             to
             aspire
             unto
             the
             degree
             of
             a
             Free-holder
             ,
             that
             they
             may
             be
             somewhat
             in
             the
             Commonwealth
             .
             And
             thus
             leaving
             the
             meanest
             rank
             sifted
             to
             the
             very
             bran
             ,
             they
             become
             less
             considerable
             ,
             and
             more
             subject
             to
             the
             Coercive
             power
             ,
             whilst
             in
             the
             mean
             time
             the
             Free-holder
             ,
             now
             advanced
             unto
             the
             degree
             of
             a
             Yeoman
             ,
             becomes
             no
             less
             careful
             to
             maintain
             correspondency
             with
             the
             Laws
             ,
             than
             he
             was
             industrious
             in
             the
             attaining
             of
             his
             degree
             .
          
           
             Thirdly
             ,
             But
             this
             means
             now
             the
             Law
             makes
             a
             separation
             of
             the
             inferiour
             Clergie
             and
             Cloistered
             people
             ,
             from
             this
             service
             ,
             wherein
             they
             might
             serve
             particular
             ends
             much
             ,
             but
             Rome
             much
             more
             .
             For
             nothing
             appeareth
             ,
             but
             that
             these
             
               dead
               persons
            
             in
             Law
             ,
             were
             nevertheless
             Free-men
             in
             Fact
             ,
             and
             lost
             not
             the
             liberty
             of
             their
             Birth-right
             by
             entring
             into
             Religion
             ,
             to
             become
             thereby
             either
             Bond
             ,
             or
             no
             
               Free
               Members
            
             of
             the
             people
             of
             England
             .
          
           
             Lastly
             ,
             
             As
             a
             binding
             Plaister
             above
             the
             rest
             ;
             First
             ,
             a
             Negative
             Law
             is
             ▪
             made
             ,
             that
             the
             persons
             elected
             in
             the
             County
             ,
             must
             not
             be
             of
             the
             degree
             of
             a
             Yeoman
             ,
             but
             of
             the
             most
             noted
             
               Knights
               ,
               Esquires
            
             ,
             or
             Gentlemen
             of
             the
             County
             ;
             which
             tacitly
             implies
             ,
             that
             it
             was
             too
             common
             to
             advance
             those
             of
             the
             meaner
             sort
             .
             Whether
             by
             reason
             of
             the
             former
             wasting
             times
             ,
             Knights
             and
             Esquires
             were
             grown
             scant
             in
             number
             ,
             or
             (
             by
             reason
             of
             their
             rudeness
             )
             in
             account
             ;
             or
             it
             may
             be
             the
             Yeomanry
             grew
             now
             to
             feel
             their
             strength
             ,
             and
             meant
             not
             to
             be
             further
             Underlings
             to
             the
             great
             Men
             ,
             than
             they
             are
             to
             their
             Feathers
             ,
             to
             wear
             them
             no
             longer
             than
             they
             will
             make
             them
             brave
             .
             Secondly
             ,
             the
             person
             thus
             agreed
             upon
             ,
             his
             Entertainment
             must
             be
             accordingly
             ;
             
             and
             therefore
             the
             manner
             of
             taxing
             in
             full
             County
             ,
             and
             levying
             the
             rate
             of
             Wages
             for
             their
             maintenance
             ,
             is
             reformed
             and
             settled
             .
             And
             Lastly
             ,
             their
             persons
             are
             put
             under
             the
             protection
             of
             the
             Law
             in
             an
             especial
             manner
             ;
             for
             as
             their
             work
             is
             full
             of
             reflection
             ,
             so
             formerly
             they
             had
             met
             with
             many
             sad
             influences
             for
             their
             labour
             .
             
             And
             therefore
             a
             penal
             Law
             is
             made
             ,
             against
             force
             to
             be
             made
             upon
             the
             persons
             of
             those
             Workmen
             of
             State
             ,
             either
             in
             their
             going
             to
             that
             Service
             ,
             or
             attending
             thereupon
             ;
             making
             such
             Delinquents
             liable
             to
             Fine
             and
             Imprisonment
             ,
             and
             double
             damages
             .
             And
             thus
             however
             the
             times
             were
             full
             of
             Confusions
             ,
             yet
             a
             foundation
             was
             laid
             of
             a
             more
             uniform
             Government
             in
             future
             times
             ,
             than
             England
             hitherto
             had
             seen
             .
          
        
         
           
           
             CHAP.
             XV.
             Of
             the
             Custos
             ,
             or
             ,
             Protector
             Regni
             .
          
           
             KIngs
             ,
             though
             they
             have
             vast
             Dimensions
             ,
             yet
             are
             not
             infinite
             ,
             nor
             greater
             than
             the
             bounds
             of
             one
             Kingdom
             ;
             wherein
             ,
             if
             present
             ,
             they
             are
             in
             all
             places
             present
             ;
             if
             otherwise
             ,
             they
             are
             like
             the
             Sun
             gone
             down
             ,
             and
             must
             rule
             by
             reflexion
             ,
             as
             the
             Moon
             in
             the
             night
             .
             In
             a
             mixt
             Commonwealth
             they
             are
             integral
             Members
             ,
             and
             therefore
             regularly
             must
             act
             
               Per
               deputatum
            
             ,
             when
             their
             persons
             are
             absent
             in
             another
             Legialty
             ,
             and
             cannot
             act
             
               Per
               se
            
             :
             Partly
             because
             their
             Lustre
             is
             somewhat
             eclipsed
             by
             another
             Horizon
             ;
             and
             partly
             by
             common
             intendment
             they
             cannot
             take
             notice
             of
             things
             done
             in
             their
             absence
             .
             It
             hath
             therefore
             been
             the
             ancient
             course
             of
             Kings
             of
             this
             Nation
             ,
             to
             constitute
             Vice-gerents
             in
             their
             absence
             ,
             giving
             them
             several
             Titles
             ,
             and
             several
             Powers
             ,
             according
             as
             the
             necessity
             of
             Affairs
             required
             .
             Sometimes
             they
             are
             called
             
               Lord
               Warden
            
             ,
             or
             
               Lord
               Keeper
            
             of
             the
             Kingdom
             ,
             and
             have
             therewith
             the
             gegeral
             power
             of
             a
             King
             ;
             
             as
             it
             was
             with
             
               John
               Warren
            
             Earl
             of
             Surrey
             ,
             appointed
             thereunto
             by
             Edward
             the
             First
             ,
             who
             had
             not
             onely
             power
             to
             command
             ,
             but
             to
             grant
             ;
             and
             this
             power
             extended
             both
             to
             England
             and
             Scotland
             .
             And
             
               Peter
               Gaveston
            
             (
             though
             a
             Foreigner
             )
             had
             the
             like
             power
             given
             him
             by
             Edward
             the
             Second
             over
             England
             ,
             to
             the
             reproach
             of
             the
             English
             Nobility
             ;
             
             which
             also
             they
             revenged
             afterward
             .
             Sometimes
             these
             Vice-gerents
             are
             called
             Lieutenants
             ;
             which
             seemeth
             to
             confer
             onely
             the
             King's
             power
             in
             the
             Militia
             ,
             as
             a
             
               Lieutenant
               general
            
             in
             an
             Army
             .
             And
             thus
             Richard
             the
             Second
             made
             Edmund
             Duke
             of
             York
             his
             Lieutenant
             of
             the
             Kingdom
             of
             England
             ,
             to
             oppose
             the
             entry
             of
             the
             Duke
             of
             Hertford
             (
             afterwards
             called
             Henry
             the
             Fourth
             )
             into
             England
             ,
             during
             the
             King's
             absence
             in
             Ireland
             .
             And
             in
             the
             mean
             while
             the
             other
             part
             of
             the
             Royalty
             which
             concerned
             the
             Revenues
             of
             the
             Crown
             ,
             was
             betrusted
             to
             the
             Earl
             of
             Wiltshire
             ,
             Sir
             
               John
               Bush
            
             ,
             Sir
             
               James
               Baggot
            
             ,
             and
             Sir
             
               Henry
               Green
            
             ,
             unto
             whom
             (
             men
             say
             )
             
               The
               King
               put
               his
               Kingdom
               to
               farm
               .
            
             But
             more
             ordinarily
             the
             Kings
             power
             was
             delegated
             unto
             one
             ,
             under
             both
             the
             Titles
             of
             
               Lord
               Guardian
            
             of
             the
             Kingdom
             ,
             and
             Lieutenant
             within
             the
             same
             ;
             such
             was
             the
             Title
             of
             
               Henry
               Lacy
            
             Earl
             of
             Lincoln
             ,
             and
             of
             
               Gilbert
               de
               Clare
            
             Earl
             of
             Gloucester
             ,
             
             and
             of
             
               Audomar
               de
               Valentia
            
             Earl
             of
             Pembrooke
             ;
             all
             of
             them
             at
             several
             times
             so
             constituted
             by
             Edward
             the
             Second
             ,
             as
             by
             the
             Patent-Rolls
             appeareth
             .
             So
             likewise
             did
             Edward
             the
             Third
             make
             his
             Brother
             John
             of
             Eltham
             twice
             ,
             and
             the
             Black
             Prince
             thrice
             ,
             and
             Lionel
             Duke
             of
             Clarence
             ,
             and
             his
             Brother
             Thomas
             ,
             each
             of
             them
             once
             ,
             in
             the
             several
             passages
             of
             Edward
             the
             Third
             beyond
             the
             Sea
             ,
             in
             the
             third
             ,
             fifth
             ,
             twelfth
             ,
             fourteenth
             ,
             sixteenth
             ,
             
             nineteenth
             ,
             and
             thirty
             third
             years
             of
             his
             Reign
             ;
             concerning
             which
             ,
             see
             the
             Patent-Rolls
             of
             those
             years
             .
             And
             Henry
             the
             Fifth
             gave
             likewise
             the
             same
             Title
             and
             Authority
             to
             the
             Duke
             of
             Bedford
             ,
             upon
             the
             King's
             Voyage
             into
             France
             ;
             
             and
             afterward
             that
             Duke
             being
             sent
             over
             to
             second
             the
             King
             in
             the
             French
             Wars
             ,
             the
             Duke
             of
             Gloucester
             obtained
             the
             same
             power
             and
             place
             .
             But
             Henry
             the
             Sixth
             added
             a
             further
             Title
             of
             Protector
             and
             Defender
             of
             the
             Kingdom
             and
             Church
             of
             England
             ;
             this
             was
             first
             given
             to
             the
             Duke
             of
             Bedford
             ,
             
             and
             afterwards
             he
             being
             made
             Regent
             of
             France
             ,
             it
             was
             conferred
             upon
             the
             Duke
             of
             Gloucester
             :
             And
             towards
             the
             latter
             time
             of
             Henry
             the
             Sixth
             ,
             
             it
             was
             granted
             by
             him
             to
             
             Richard
             Duke
             of
             York
             .
             This
             Title
             carried
             along
             with
             it
             a
             power
             different
             from
             that
             of
             a
             King
             ,
             onely
             in
             honour
             ;
             and
             the
             person
             so
             adorned
             ,
             may
             be
             said
             to
             
               sway
               the
               Scepter
            
             ,
             but
             not
             to
             
               wear
               the
               Crown
            
             .
             And
             therefore
             in
             the
             minority
             of
             Henry
             the
             Sixth
             ,
             whenas
             the
             Government
             was
             ordered
             by
             the
             Parliament
             ,
             and
             to
             that
             end
             a
             Protector
             was
             made
             ,
             and
             he
             well
             guarded
             with
             a
             Privy
             Council
             ,
             and
             they
             provided
             with
             Instructions
             ;
             one
             of
             them
             was
             ,
             
               That
               in
               all
               matters
               not
               to
               be
               transacted
               ordinarily
               but
               by
               the
               King
               's
               express
               consent
               ,
               the
               Privy
               Council
               should
               advise
               with
               the
               Protector
               :
            
             But
             this
             is
             not
             so
             needful
             ,
             in
             regard
             that
             it
             concerneth
             the
             power
             of
             executing
             of
             Laws
             ,
             which
             by
             right
             of
             the
             liberty
             of
             the
             Subject
             ,
             is
             the
             known
             duty
             of
             the
             Scepter
             ,
             in
             whose
             hands
             soever
             it
             is
             holden
             .
             And
             therefore
             I
             shall
             pass
             to
             the
             
               Legislative
               Power
            
             ,
             wherein
             it
             is
             evident
             that
             the
             
             Protector
             's
             power
             was
             no
             whit
             inferiour
             to
             the
             King's
             power
             .
             For
             First
             ,
             the
             
               Protector
               ,
               Ex
               Officio
            
             ,
             by
             advice
             of
             the
             Council
             ,
             did
             summon
             Parliaments
             by
             Writs
             ,
             even
             as
             the
             Kings
             themselves
             ,
             under
             their
             own
             Test
             ;
             and
             if
             they
             did
             not
             bear
             the
             
               Royal
               Assent
            
             ,
             yet
             did
             they
             direct
             the
             same
             ,
             and
             received
             Petitions
             in
             Parliament
             to
             them
             directed
             as
             to
             Kings
             ,
             and
             every
             way
             supplied
             the
             room
             of
             a
             King
             ,
             in
             order
             to
             the
             perfecting
             ,
             publishing
             ,
             and
             enforcing
             of
             Law
             to
             Execution
             .
             Secondly
             ,
             the
             Parliaments
             holden
             by
             Protectors
             ,
             and
             Laws
             therein
             made
             ,
             are
             no
             whit
             inferiour
             to
             those
             by
             the
             King
             ,
             whether
             for
             Honour
             or
             Power
             .
             And
             therefore
             if
             a
             Parliament
             be
             holden
             by
             the
             
               Lord
               Warden
            
             ,
             and
             sitting
             the
             Parliament
             the
             King
             in
             person
             shall
             arrive
             ,
             and
             be
             there
             present
             ,
             neither
             is
             the
             Parliament
             interrupted
             thereby
             ,
             nor
             the
             power
             thereof
             changed
             at
             all
             ;
             though
             the
             power
             and
             place
             of
             the
             Wardenship
             of
             the
             Kingdom
             doth
             utterly
             vanish
             by
             the
             personal
             access
             of
             the
             King
             :
             because
             in
             all
             places
             where
             the
             King
             is
             subservient
             to
             the
             Kingdom
             or
             the
             Commonwealth
             ,
             the
             
               Lord
               Warden
            
             in
             his
             absence
             is
             conservient
             unto
             him
             ,
             being
             in
             his
             stead
             ,
             and
             not
             under
             him
             ;
             for
             the
             very
             place
             supposeth
             him
             as
             not
             ,
             because
             not
             present
             .
          
           
             And
             this
             was
             by
             a
             Law
             declaratively
             published
             at
             such
             time
             as
             Henry
             the
             Fifth
             was
             Regent
             of
             France
             ;
             
             and
             therefore
             by
             common
             presumption
             ,
             was
             likely
             to
             have
             much
             occasion
             of
             residence
             in
             that
             Kingdom
             ;
             a●●
             it
             holdeth
             in
             equal
             force
             with
             all
             other
             Laws
             of
             the
             highest
             size
             :
             which
             is
             the
             rather
             to
             be
             noted
             ,
             because
             it
             is
             (
             though
             under
             a
             Protector
             )
             obligatory
             to
             the
             King
             ,
             and
             makes
             his
             personal
             presence
             no
             more
             considerable
             than
             the
             presence
             of
             his
             shadow
             :
             For
             the
             King
             spent
             three
             whole
             years
             in
             the
             French
             Wars
             ,
             and
             during
             that
             time
             never
             saw
             England
             ;
             where
             nevertheless
             ,
             in
             that
             interim
             ,
             three
             Parliaments
             had
             been
             holden
             ,
             one
             by
             the
             Duke
             of
             Bedford
             ,
             and
             two
             by
             the
             Duke
             of
             Gloucester
             ;
             in
             the
             last
             of
             which
             this
             Law
             was
             made
             .
             And
             in
             truth
             ,
             if
             we
             look
             upon
             this
             Title
             of
             the
             Kingdoms
             Guardianship
             in
             its
             bare
             Lineaments
             ,
             without
             lights
             and
             shadows
             ,
             it
             will
             appear
             little
             better
             than
             a
             Crown
             of
             Feathers
             ,
             worn
             onely
             for
             bravery
             ,
             and
             in
             nothing
             adding
             to
             the
             real
             ability
             of
             the
             governing
             part
             of
             this
             Nation
             :
             Neither
             were
             the
             persons
             of
             these
             Magnificoes
             so
             well
             deserving
             ,
             nor
             did
             the
             Nation
             expect
             any
             such
             matter
             from
             them
             .
             Edward
             the
             First
             was
             a
             wise
             King
             ,
             and
             yet
             in
             his
             absence
             chose
             Edward
             the
             Second
             to
             hold
             that
             place
             ,
             he
             being
             then
             not
             above
             fourteen
             years
             of
             age
             .
             Afterwards
             Edward
             the
             Second's
             Queen
             ,
             and
             the
             Lords
             of
             her
             party
             ,
             were
             wise
             enough
             in
             their
             way
             ,
             and
             yet
             they
             chose
             Edward
             the
             Third
             to
             be
             their
             
               Custos
               Regni
            
             ,
             then
             not
             fourteen
             years
             old
             ;
             his
             Father
             in
             the
             mean
             time
             being
             neither
             absent
             from
             the
             Kingdom
             ,
             nor
             deposed
             ,
             but
             onely
             dismissed
             from
             acting
             in
             the
             administration
             of
             the
             Government
             .
             
             Edward
             the
             Third
             follows
             the
             same
             example
             ;
             he
             first
             makes
             his
             Brother
             John
             of
             
               Eltham
               
               Custos
               Regni
            
             ;
             and
             this
             he
             did
             at
             two
             several
             times
             ;
             once
             ,
             when
             he
             was
             but
             Eleven
             years
             old
             ;
             afterwards
             ,
             when
             he
             was
             about
             Fourteen
             .
             Then
             he
             made
             his
             Son
             ,
             the
             
               Black
               Prince
            
             ,
             upon
             several
             occasions
             ,
             three
             times
             Lord-Warden
             of
             the
             Kingdom
             ;
             once
             ,
             he
             being
             about
             Nine
             years
             old
             ;
             and
             again
             ,
             when
             he
             was
             Eleven
             years
             old
             ;
             and
             once
             ,
             when
             about
             Fourteen
             years
             old
             .
             Lastly
             ,
             Edward
             the
             Third
             appointed
             his
             Son
             Lionel
             Duke
             of
             Clarence
             unto
             this
             place
             of
             
               Custos
               Regni
            
             ,
             when
             as
             he
             was
             scarce
             Eight
             years
             old
             ;
             all
             which
             will
             appear
             upon
             the
             comparing
             their
             Ages
             with
             the
             several
             Rolls
             of
             25
             
               E.
               1.
               
               &
               3
               ,
               5
               ,
               12
               ,
               14
               ,
               26.
               19
               
               E.
            
             3.
             
             If
             therefore
             the
             work
             of
             a
             
               Custos
               Regni
            
             be
             such
             as
             may
             be
             as
             well
             done
             by
             the
             Infants
             of
             Kings
             ,
             as
             by
             the
             wisest
             Counsellor
             ,
             or
             most
             valiant
             man
             ,
             it
             is
             ,
             in
             my
             opinion
             ,
             manifest
             ,
             that
             the
             place
             is
             of
             little
             other
             use
             to
             this
             Commonwealth
             ,
             than
             to
             serve
             as
             an
             attire
             to
             a
             comely
             person
             ,
             to
             make
             it
             seem
             more
             fair
             because
             it
             is
             in
             fashion
             ;
             nor
             doth
             it
             advance
             the
             value
             of
             a
             King
             one
             grain
             above
             what
             his
             Personal
             endowments
             do
             deserve
             .
          
           
             Hitherto
             of
             the
             Title
             and
             Power
             ;
             the
             next
             consideration
             will
             be
             ,
             of
             the
             original
             Fountain
             from
             whence
             it
             is
             derived
             ;
             wherein
             the
             Precedents
             are
             clear
             and
             plain
             ,
             that
             ordinarily
             they
             are
             the
             next
             and
             immediate
             Off-spring
             of
             Kings
             ,
             if
             they
             be
             present
             
               within
               the
               four
               Seas
            
             ,
             to
             be
             by
             them
             enabled
             by
             Letters-Patents
             or
             Commission
             .
             But
             whether
             present
             or
             absent
             ,
             the
             Parliament
             when
             it
             sate
             did
             ever
             peruse
             their
             Authority
             ;
             and
             if
             it
             saw
             need
             ,
             changed
             ,
             enlarged
             ,
             or
             abridged
             both
             it
             and
             them
             .
             Thus
             was
             the
             Duke
             of
             Gloucester
             made
             
               Lord
               Warden
            
             in
             the
             time
             of
             Henry
             the
             Fifth
             ,
             (
             he
             being
             then
             in
             France
             )
             in
             the
             room
             of
             the
             Duke
             of
             Bedford
             .
             The
             like
             also
             in
             Henry
             the
             Sixth's
             time
             ,
             when
             as
             the
             King
             was
             young
             :
             for
             then
             the
             Parliament
             made
             the
             Duke
             of
             
               Bedford
               Lord
               Warden
            
             ,
             and
             added
             unto
             that
             Title
             the
             Title
             of
             Protector
             .
             Afterward
             ,
             at
             the
             Duke's
             going
             over
             into
             France
             ,
             they
             committed
             that
             service
             to
             the
             Duke
             of
             Gloucester
             (
             if
             I
             forget
             not
             the
             nature
             of
             the
             Roll
             )
             during
             the
             Duke
             of
             
             Bedford's
             absence
             ,
             and
             with
             a
             Salvo
             of
             his
             right
             .
             Not
             unlike
             hereunto
             was
             the
             course
             that
             was
             taken
             by
             the
             Parliament
             in
             these
             sullen
             later
             times
             of
             Henry
             the
             Sixth
             ;
             whereof
             more
             hereafter
             in
             the
             next
             Paragraph
             .
          
           
             Lastly
             ,
             The
             limitation
             of
             this
             high
             power
             and
             Title
             ,
             is
             different
             according
             to
             the
             occasion
             ;
             for
             the
             Guardianship
             of
             the
             Kingdom
             by
             common
             intendment
             ,
             is
             to
             endure
             no
             longer
             than
             the
             King
             is
             absent
             from
             the
             Helm
             ,
             either
             by
             voluntary
             deserting
             the
             work
             ,
             or
             employment
             in
             Foreign
             parts
             ,
             though
             united
             they
             be
             under
             the
             Government
             of
             the
             same
             King
             ,
             together
             with
             this
             Nation
             ,
             such
             as
             are
             these
             parts
             of
             
               France
               ,
               Ireland
            
             ,
             and
             Scotland
             ,
             then
             under
             the
             English
             Fee.
             This
             is
             apparent
             from
             the
             nature
             of
             the
             Statute
             of
             Henry
             the
             Fifth
             formerly
             mentioned
             :
             for
             if
             there
             was
             need
             to
             provide
             by
             that
             Statute
             that
             the
             Kings
             arrival
             and
             personal
             presence
             should
             not
             dissolve
             the
             Parliament
             assembled
             by
             the
             authority
             of
             the
             
               Custos
               Regni
            
             ,
             then
             doth
             it
             imply
             ,
             that
             the
             personal
             presence
             of
             the
             King
             ,
             by
             and
             upon
             his
             arrival
             ,
             had
             otherwise
             determined
             the
             Parliament
             ,
             and
             that
             Authority
             whereby
             it
             sate
             .
             But
             the
             Precedents
             are
             more
             clear
             ,
             all
             of
             them
             generally
             running
             in
             these
             or
             the
             like
             words
             ,
             
               In
               absentia
               Regis
            
             ,
             or
             
               Quamdiu
               Rex
               fuerit
               in
               partibus
               transmarinis
               .
            
             It
             is
             also
             to
             be
             granted
             ,
             that
             the
             King's
             will
             is
             many
             times
             subjoyned
             thereunto
             ,
             as
             if
             it
             were
             in
             him
             to
             displace
             them
             ,
             and
             place
             others
             in
             his
             absence
             :
             yet
             do
             I
             find
             no
             Precedent
             of
             any
             such
             nature
             ,
             without
             the
             concurrence
             of
             the
             Lords
             or
             Parliament
             ;
             and
             yet
             that
             the
             Parliament
             hath
             ordered
             such
             things
             without
             his
             consent
             .
             For
             when
             Richard
             the
             First
             ,
             passing
             to
             the
             
               Holy
               Land
            
             ,
             had
             left
             the
             Bishop
             of
             Ely
             to
             execute
             that
             place
             during
             his
             absence
             in
             remote
             
             parts
             ;
             the
             Lords
             finding
             the
             Bishop
             unfaithful
             in
             his
             Charge
             ,
             excluded
             him
             both
             from
             that
             place
             and
             Kingdom
             ,
             and
             made
             the
             King's
             Brother
             
               John
               ,
               Lord
               Warden
            
             in
             his
             stead
             .
          
           
             But
             in
             the
             Case
             of
             the
             Protectorship
             ,
             which
             supposeth
             disability
             in
             the
             person
             of
             the
             King
             ,
             the
             same
             by
             common
             intendment
             is
             to
             continue
             during
             the
             King's
             disability
             ;
             and
             therefore
             in
             the
             Case
             of
             Henry
             the
             Sixth
             ,
             it
             was
             determined
             ,
             
             that
             the
             Protectorship
             doth
             
               Ipso
               facto
            
             cease
             at
             the
             King's
             Coronation
             ;
             because
             thereby
             the
             King
             is
             supposed
             able
             to
             govern
             :
             although
             in
             later
             times
             it
             hath
             not
             so
             been
             holden
             .
             For
             Kings
             have
             been
             capable
             of
             that
             Ceremony
             ,
             assoon
             as
             of
             the
             Title
             ;
             and
             yet
             commonly
             are
             supposed
             to
             be
             under
             the
             rule
             of
             necessity
             of
             Protectorship
             ,
             till
             they
             be
             Fourteen
             years
             of
             age
             ,
             or
             (
             as
             the
             Case
             may
             be
             )
             longer
             .
             For
             although
             Henry
             the
             Sixth
             was
             once
             thought
             ripe
             when
             he
             was
             eight
             years
             old
             ,
             yet
             in
             the
             issue
             he
             proved
             scarce
             ripe
             for
             the
             Crown
             at
             his
             two
             and
             twentieth
             year
             .
             Nevertheless
             ,
             the
             
               default
               of
               Age
            
             is
             not
             the
             onely
             incapacity
             of
             Kings
             ;
             they
             have
             infirmities
             as
             other
             men
             ,
             yea
             more
             dangerous
             than
             any
             other
             man
             ;
             which
             though
             an
             unpleasant
             Tune
             it
             be
             to
             harp
             upon
             ,
             yet
             it
             is
             a
             Theam
             that
             Nations
             sometimes
             are
             enforced
             to
             ruminate
             upon
             ,
             when
             God
             will
             give
             them
             Kings
             in
             his
             Wrath
             ,
             and
             give
             those
             also
             over
             to
             their
             own
             lusts
             in
             his
             Anger
             .
             In
             such
             cases
             therefore
             this
             Nation
             sometimes
             have
             fled
             to
             the
             refuge
             of
             a
             Protector
             ;
             and
             seldom
             it
             is
             that
             they
             can
             determine
             for
             how
             long
             .
             When
             Henry
             the
             Sixth
             was
             above
             Thirty
             years
             old
             ,
             Richard
             Duke
             of
             York
             was
             made
             Protector
             ,
             and
             
               Defender
               of
               the
               Realm
            
             ,
             and
             of
             the
             Church
             .
             It
             was
             done
             (
             if
             the
             Record
             saith
             true
             )
             by
             the
             King
             himself
             ,
             
               Authoritate
               Parliamenti
            
             .
             It
             was
             further
             provided
             by
             the
             Parliament
             ,
             that
             though
             this
             was
             to
             continue
             
               Quamdiu
               Regi
               placuerit
            
             ,
             yet
             the
             Duke
             should
             hold
             that
             place
             till
             the
             Kings
             Son
             Edward
             should
             come
             to
             years
             of
             discretion
             ,
             and
             shall
             declare
             that
             he
             will
             take
             that
             place
             upon
             himself
             .
          
           
             The
             ground
             hereof
             is
             said
             to
             be
             ,
             
             that
             the
             King
             was
             
               Gravi
               infirmitate
               detentus
            
             ;
             which
             could
             not
             be
             intended
             of
             any
             bodily
             distemper
             :
             for
             neither
             doth
             any
             such
             thing
             appear
             by
             any
             Author
             or
             Record
             .
             Nor
             if
             such
             had
             been
             ,
             yet
             had
             it
             been
             an
             irrational
             thing
             in
             the
             Parliament
             to
             determine
             the
             same
             upon
             the
             Princes
             discretion
             ,
             and
             acceptance
             of
             the
             Charge
             upon
             himself
             .
             It
             seemeth
             therefore
             ,
             that
             it
             was
             
               Gravis
               infirmitas
               Animi
            
             ,
             and
             that
             this
             way
             of
             the
             Parliament
             tended
             to
             a
             tacite
             sliding
             him
             out
             of
             the
             Government
             of
             the
             Kingdom
             ,
             by
             a
             moderate
             expression
             of
             a
             general
             incapacity
             in
             his
             person
             .
          
           
             The
             Conclusion
             of
             all
             that
             hath
             been
             said
             concerning
             this
             Title
             ,
             is
             double
             :
             One
             ,
             that
             both
             the
             
               Custos
               Regni
            
             ,
             and
             Protector
             ,
             are
             not
             subsistent
             ,
             but
             consistent
             with
             that
             of
             a
             King
             ,
             because
             it
             supposes
             a
             King
             under
             incapacity
             .
          
           
             Secondly
             ,
             That
             they
             tend
             to
             teach
             the
             people
             a
             necessity
             of
             having
             
               one
               Chief
            
             ,
             although
             it
             may
             ,
             in
             truth
             ,
             seem
             to
             be
             but
             a
             trick
             of
             State
             ;
             like
             some
             pretty
             carved
             Cherubims
             in
             the
             Roof
             of
             a
             Building
             ,
             that
             do
             seem
             to
             bear
             it
             up
             ,
             whenas
             ,
             in
             truth
             ,
             it
             is
             the
             Pillars
             that
             support
             both
             it
             and
             them
             .
          
        
         
           
           
             CHAP.
             XVI
             .
             Concerning
             the
             Privy-Council
             .
          
           
             NAtions
             do
             meet
             with
             their
             Exigences
             ,
             as
             well
             as
             persons
             ;
             and
             in
             such
             condition
             ,
             resolutions
             taken
             up
             by
             sudden
             conceit
             ,
             are
             many
             times
             more
             effectual
             than
             more
             mature
             deliberations
             ;
             which
             require
             more
             time
             in
             composing
             ,
             are
             more
             slow
             in
             conclusion
             ,
             let
             slip
             opportunities
             ,
             and
             fall
             short
             of
             expectation
             in
             the
             end
             .
             Such
             are
             the
             ways
             of
             debate
             in
             the
             
               Grand
               Representative
            
             of
             the
             Kingdom
             .
             Add
             hereunto
             ,
             that
             in
             putting
             the
             Laws
             in
             execution
             ,
             greater
             discretion
             is
             required
             than
             can
             enter
             into
             the
             head
             of
             any
             one
             man
             ,
             and
             greater
             speed
             than
             can
             stand
             with
             debate
             amongst
             many
             .
             And
             therefore
             it
             is
             beyond
             all
             doubt
             ,
             that
             the
             
               Conventicles
               of
               Council
            
             are
             no
             less
             necessary
             in
             their
             degree
             ,
             than
             the
             
               Assembly
               of
               the
               Estates
            
             of
             this
             Nation
             in
             their
             Grand
             Convention
             .
          
           
             Yet
             with
             this
             Caveat
             ,
             that
             one
             Genius
             may
             move
             in
             both
             ;
             for
             otherwise
             the
             motions
             of
             Government
             must
             needs
             be
             inconstant
             ,
             inconsistent
             ,
             and
             like
             that
             of
             an
             Hypocrite
             ,
             one
             way
             abroad
             ,
             another
             way
             at
             home
             ;
             neither
             comfortable
             to
             it self
             ,
             nor
             confiding
             to
             others
             .
             And
             therefore
             cannot
             these
             Privateer-Councils
             ,
             by
             any
             proportion
             of
             Reason
             ,
             be
             better
             constituted
             ,
             than
             by
             the
             Representative
             it self
             ,
             that
             it
             may
             be
             a
             Creature
             made
             in
             its
             own
             Image
             ,
             one
             and
             the
             same
             with
             the
             Image
             of
             the
             maker
             .
          
           
             This
             was
             the
             wisdom
             and
             the
             practice
             of
             these
             times
             ,
             
             more
             ordinarily
             than
             in
             the
             former
             :
             for
             the
             Parliament
             was
             no
             less
             jealous
             of
             the
             power
             of
             Henry
             the
             Fourth
             ,
             
             than
             of
             the
             infirmities
             of
             Henry
             the
             Sixth
             ;
             nor
             more
             assured
             in
             the
             aims
             of
             any
             of
             them
             all
             ,
             
             than
             themselves
             were
             in
             in
             their
             own
             Title
             to
             the
             Crown
             .
          
           
             Neither
             was
             this
             sufficient
             :
             for
             the
             Parliament
             looked
             upon
             themselves
             as
             a
             body
             that
             sometimes
             must
             retire
             to
             rest
             ;
             and
             upon
             the
             
               Privy
               Council
            
             ,
             as
             Watch-men
             subject
             to
             change
             ;
             and
             therefore
             they
             not
             onely
             give
             them
             instructions
             ,
             
             but
             engage
             them
             unto
             observance
             .
             Their
             instructions
             were
             sometimes
             occasional
             ,
             but
             some
             more
             general
             ;
             of
             which
             I
             shall
             instance
             onely
             in
             two
             ,
             which
             were
             to
             be
             of
             everlasting
             regard
             .
             First
             ,
             
               That
               they
               should
               hold
               no
               pleas
               before
               them
               ,
            
             that
             is
             to
             say
             ,
             at
             the
             Council-Table
             ,
             or
             at
             the
             Privy
             Council
             ;
             nor
             before
             any
             of
             them
             ,
             unless
             as
             Judges
             in
             the
             Chancery
             ,
             
             Exchequer
             ,
             or
             Benches
             at
             Westminster
             ;
             so
             as
             whatsoever
             misscarriages
             were
             had
             by
             the
             
               Privy
               Council
            
             in
             Cases
             of
             Judicature
             in
             the
             Star-chamber
             formerly
             ,
             are
             now
             reduced
             .
             The
             second
             rule
             was
             this
             ,
             That
             no
             dispatches
             should
             be
             made
             at
             the
             Council-Table
             of
             any
             matters
             there
             agitated
             ,
             
             but
             by
             general
             consent
             .
             Unity
             gives
             life
             to
             Action
             ,
             
             carrying
             therewith
             both
             Authority
             and
             Power
             ;
             and
             ,
             when
             all
             is
             done
             ,
             must
             derive
             its
             original
             from
             without
             ,
             and
             in
             all
             good
             ends
             from
             above
             .
             And
             therefore
             ,
             as
             a
             Seal
             to
             all
             the
             rest
             ,
             it
             was
             wisely
             done
             by
             the
             Parliament
             to
             draw
             the
             mindes
             of
             the
             
               Privy
               Council
            
             together
             ,
             and
             to
             present
             them
             joyntly
             before
             God
             ,
             by
             an
             Oath
             ,
             obliging
             themselves
             to
             a
             solemn
             and
             constant
             observance
             of
             their
             instructions
             ,
             
             and
             to
             perievere
             therein
             .
             For
             the
             unchangeable
             God
             can
             onely
             stamp
             a
             lasting
             Image
             upon
             the
             mind
             ,
             and
             bind
             the
             same
             ,
             that
             is
             so
             subject
             to
             change
             ,
             to
             an
             unchangeable
             Law
             ,
             whereby
             the
             people
             may
             be
             made
             as
             happy
             for
             continuance
             ,
             as
             for
             Righteousness
             and
             Peace
             .
          
           
           
             The
             
               Privy
               Council
            
             thus
             setled
             ,
             dressed
             ,
             and
             girt
             ,
             becomes
             of
             high
             esteem
             ,
             both
             for
             Trust
             and
             honourable
             Employment
             in
             great
             matters
             .
             The
             Mint
             is
             the
             very
             Liver
             of
             the
             Nation
             ,
             and
             was
             wont
             to
             be
             the
             chief
             care
             of
             the
             Parliament
             it self
             in
             all
             the
             dimensions
             thereof
             .
             Now
             the
             Mint
             is
             two
             ways
             considered
             ,
             viz.
             either
             in
             the
             value
             of
             the
             Metal
             and
             Money
             ,
             or
             in
             the
             Coinage
             .
          
           
             The
             first
             of
             these
             ,
             and
             things
             most
             immediately
             concurring
             therewith
             ,
             the
             Parliament
             still
             retains
             to
             its
             own
             immediate
             Survey
             ;
             such
             as
             are
             the
             inhibiting
             of
             exportation
             of
             Gold
             and
             Silver
             ,
             and
             of
             melting
             of
             Coyn
             into
             Plate
             or
             Bullion
             ;
             the
             regulating
             of
             the
             current
             of
             Foreign
             Coyn
             ,
             the
             reducing
             of
             money
             ,
             both
             Foreign
             and
             Domestick
             ,
             imbased
             by
             Counterfacture
             ,
             Clipping
             ,
             Washing
             ,
             &c.
             the
             regulating
             of
             Allay
             of
             Gold
             and
             Silver
             ;
             the
             regulating
             Exchange
             ,
             and
             such
             like
             :
             concerning
             all
             which
             ,
             the
             Reader
             may
             please
             to
             peruse
             the
             Statutes
             2
             
               H.
               4.
               cap.
               5
               ,
               6
               ,
               11
               ,
               13.
               4
               
               H.
               4.
               cap.
               16.
               3
               
               H.
               5.
               
               Stat
               ,
               1.
               
               &
               4.
               cap.
               6.
               
               &
               9.
               cap.
            
             11.
             and
             2
             
               H.
               6.
               cap.
            
             6.
             
          
           
             The
             second
             Consideration
             touching
             the
             Mint
             ,
             
             concerned
             the
             election
             and
             government
             of
             the
             Officers
             ,
             
             touching
             the
             Mint
             and
             Exchange
             ,
             or
             the
             places
             where
             they
             shall
             be
             holden
             ;
             which
             ,
             with
             some
             other
             matters
             of
             inferiour
             nature
             ,
             were
             left
             to
             the
             Order
             of
             the
             Privy
             Council
             ,
             either
             with
             the
             King
             ,
             or
             alone
             ,
             in
             case
             of
             the
             King's
             absence
             or
             disability
             .
          
           
             A
             second
             power
             given
             to
             the
             
               Privy
               Council
            
             ,
             was
             in
             point
             of
             Trade
             and
             Merchandize
             :
             Formerly
             they
             had
             somewhat
             to
             do
             therein
             ,
             but
             still
             the
             Parliament
             set
             out
             their
             bounds
             .
             In
             Richard
             the
             Second's
             time
             ,
             the
             people
             had
             liberty
             of
             Trade
             in
             some
             Commodities
             by
             way
             of
             Exportation
             ,
             but
             the
             
               Privy
               Council
            
             might
             restrain
             them
             upon
             inconvenience
             to
             the
             publick
             .
             Now
             the
             same
             is
             confirmed
             ;
             
             and
             though
             it
             concerned
             Corn
             onely
             ,
             yet
             it
             was
             a
             Precedent
             that
             led
             the
             way
             to
             a
             much
             larger
             power
             in
             the
             Trade
             of
             the
             Staple
             Commodities
             of
             this
             Island
             ,
             
             to
             enlarge
             or
             straiten
             it
             as
             they
             though
             meet
             .
             And
             so
             they
             became
             in
             a
             fair
             way
             to
             have
             a
             principal
             power
             over
             the
             Revenues
             and
             Riches
             of
             this
             Nation
             .
             But
             this
             lasted
             not
             long
             ;
             
             for
             within
             ten
             years
             these
             Licenses
             of
             Transportation
             cost
             the
             Merchant
             so
             much
             ,
             
             as
             he
             could
             make
             little
             gains
             of
             all
             his
             care
             and
             pains
             ;
             and
             therefore
             a
             rule
             is
             set
             to
             a
             general
             allowance
             of
             all
             Transportation
             of
             Corn
             ,
             till
             the
             price
             of
             Wheat
             came
             to
             a
             Noble
             ,
             and
             Barley
             at
             Three
             shillings
             ,
             
             and
             no
             longer
             .
             This
             being
             first
             made
             Temporary
             ,
             was
             afterwards
             made
             Perpetual
             ;
             and
             so
             gave
             a
             restraint
             unto
             the
             power
             of
             the
             King
             and
             Council
             .
             But
             where
             no
             positive
             restraint
             was
             made
             by
             any
             Statute
             ,
             the
             King
             and
             Council
             seemed
             to
             have
             the
             sole
             power
             left
             unto
             them
             ,
             to
             open
             and
             shut
             the
             passes
             of
             Trade
             as
             they
             pleased
             .
             For
             whereas
             the
             Commodity
             of
             Butter
             and
             Cheese
             was
             made
             Staple
             ,
             the
             King
             and
             Council
             had
             power
             to
             stop
             the
             sale
             thereof
             ;
             
             notwithstanding
             that
             the
             Law
             gave
             full
             liberty
             to
             the
             Subjects
             to
             bring
             all
             their
             
             Staple-Commodities
             to
             the
             Staple
             .
             Nevertheless
             ,
             this
             power
             in
             the
             King
             is
             not
             primitive
             ,
             but
             derived
             from
             the
             Parliament
             ;
             for
             they
             had
             power
             over
             the
             Kings
             Licenses
             and
             Restraints
             in
             such
             cases
             ,
             as
             by
             the
             several
             Statutes
             do
             appear
             .
          
           
             A
             third
             power
             given
             to
             the
             
               Privy
               Council
            
             ,
             was
             a
             power
             of
             Summons
             and
             Process
             against
             Delinquents
             in
             cases
             of
             Riots
             ,
             Extortions
             ,
             Oppressions
             ,
             and
             grievous
             Offences
             .
             
             The
             Summons
             to
             be
             by
             Privy-Seal
             ,
             the
             Process
             ,
             Proclamations
             ;
             and
             for
             Non-appearance
             ,
             Forfeiture
             ,
             if
             the
             Delinquent
             be
             of
             the
             degree
             of
             a
             Lord
             ;
             if
             of
             inferiour
             rank
             ,
             then
             a
             Fine
             or
             Out-lawry
             .
             At
             the
             first
             view
             ,
             the
             Statute
             hath
             an
             ill
             favoured
             Aspect
             ,
             as
             if
             
             it
             raised
             up
             a
             new
             Court
             of
             Judicature
             ;
             but
             the
             time
             is
             to
             be
             considered
             with
             the
             occasion
             ;
             for
             it
             was
             made
             for
             the
             securing
             of
             the
             peace
             in
             a
             turbulent
             time
             .
             And
             besides
             ,
             the
             Law
             carrieth
             along
             with
             it
             two
             restrictions
             ,
             which
             puts
             the
             right
             of
             Cognizance
             in
             the
             
               Privy
               Council
            
             to
             the
             question
             .
          
           
             First
             ,
             It
             saveth
             the
             Jurisdiction
             of
             other
             Courts
             ,
             and
             provideth
             further
             ,
             
               That
               no
               matter
               determinable
               by
               the
               Law
               of
               this
               Realm
               ,
               shall
               be
               by
               this
               Act
               determined
               in
               other
               form
               than
               after
               the
               course
               of
               the
               same
               Law
               in
               the
               Kings
               Court
               ,
               having
               determination
               of
               the
               same
               :
            
             which
             implieth
             ,
             that
             some
             kinds
             of
             Riots
             and
             Extortions
             are
             of
             so
             high
             a
             nature
             ,
             that
             though
             determinable
             in
             the
             Kings●Court
             ,
             yet
             are
             they
             to
             be
             determined
             before
             the
             Lords
             .
          
           
             In
             the
             next
             place
             this
             Law
             provideth
             ,
             
               That
               such
               offences
               as
               are
               determinable
               by
               the
               Law
               of
               the
               Realm
               ,
            
             that
             is
             by
             Jury
             ,
             
               shall
               still
               be
               so
               tried
            
             .
          
           
             Secondly
             ,
             
             If
             Conviction
             be
             upon
             Confession
             ,
             or
             by
             Certificate
             ,
             in
             case
             where
             (
             by
             reason
             of
             parties
             and
             partakings
             )
             Inquisition
             by
             Jury
             cannot
             be
             had
             ,
             there
             the
             Lords
             shall
             immediately
             determine
             the
             same
             .
          
           
             Lastly
             ,
             If
             the
             Certificate
             be
             traversed
             ,
             then
             the
             same
             shall
             be
             tried
             in
             the
             King
             's
             Bench.
             
          
           
             But
             there
             is
             another
             Restriction
             that
             undoeth
             all
             in
             effect
             in
             point
             of
             right
             ;
             because
             what
             this
             Law
             setleth
             therein
             ,
             it
             setleth
             but
             for
             seven
             years
             ,
             and
             leaveth
             the
             
               Privy
               Council
            
             to
             the
             limits
             of
             the
             Common
             Law
             for
             the
             future
             .
             In
             the
             mean
             time
             ,
             the
             
               Privy
               Council
            
             may
             be
             thought
             terrible
             ,
             and
             very
             high
             ,
             both
             by
             this
             Law
             ,
             and
             the
             greatness
             of
             the
             Lords
             .
             Kings
             Unkles
             ,
             and
             Kings
             Brothers
             ,
             are
             Subjects
             indeed
             ,
             but
             of
             so
             high
             a
             degree
             ,
             that
             if
             a
             little
             goodness
             of
             nature
             ,
             or
             publick
             spirit
             shine
             in
             them
             ,
             they
             soon
             become
             the
             Objects
             of
             admiration
             from
             the
             Vulgar
             ,
             and
             gain
             more
             from
             them
             by
             their
             vicinity
             ,
             than
             the
             King
             can
             do
             at
             a
             distance
             .
             For
             the
             Commons
             of
             England
             ,
             by
             the
             fair
             demeanour
             of
             popular
             great
             men
             ,
             are
             soon
             won
             out
             of
             their
             very
             Cloaths
             ;
             and
             are
             never
             more
             in
             danger
             to
             part
             with
             their
             Liberties
             ,
             than
             when
             the
             Heaven
             is
             fair
             above
             their
             heads
             ,
             and
             the
             Nobility
             serve
             the
             King
             ,
             and
             flatter
             them
             .
             Nevertheless
             ,
             as
             I
             said
             ,
             the
             season
             must
             also
             be
             considered
             of
             this
             power
             thus
             by
             this
             Law
             contracted
             :
             for
             what
             the
             Lords
             gained
             not
             by
             their
             popularity
             ,
             the
             Queen
             did
             with
             her
             power
             ;
             who
             now
             ,
             mindful
             of
             her
             contemned
             beauty
             ,
             and
             opposition
             from
             the
             Duke
             of
             Gloucester
             against
             her
             Marriage
             ,
             removes
             him
             out
             of
             the
             way
             ,
             gets
             the
             reins
             of
             Government
             into
             her
             hand
             ,
             and
             like
             a
             Woman
             drives
             on
             in
             full
             career
             .
          
           
             The
             Duke
             of
             York
             ,
             and
             other
             Lords
             ,
             not
             liking
             this
             gallop
             ,
             endeavour
             to
             stop
             her
             pace
             ;
             but
             are
             all
             over-born
             ,
             the
             Duke
             taken
             prisoner
             ;
             and
             doubtless
             had
             pledged
             the
             Duke
             of
             Gloucester
             ,
             but
             that
             the
             Heir
             apparent
             of
             the
             House
             of
             York
             steps
             in
             to
             rescue
             .
             And
             new
             troubles
             arise
             in
             Gascoign
             ;
             to
             put
             an
             end
             to
             which
             ,
             the
             Queens
             party
             gains
             ,
             and
             takes
             the
             Duke
             of
             York's
             word
             for
             his
             good
             behaviour
             ;
             gets
             this
             Law
             to
             pass
             ,
             expecting
             hereby
             ,
             if
             not
             a
             full
             settlement
             at
             home
             ,
             yet
             at
             least
             a
             respit
             to
             prevent
             dangers
             from
             abroad
             during
             the
             present
             exigency
             .
             And
             thus
             upon
             the
             whole
             matter
             the
             Lords
             and
             
               Privy
               Council
            
             are
             mounted
             up
             by
             the
             Commons
             to
             their
             own
             mischief
             .
          
        
         
           
           
             CHAP.
             XVII
             .
             Of
             the
             Clergie
             ,
             and
             Church-Government
             ,
             during
             these
             times
             .
          
           
             IT
             was
             no
             new
             thing
             in
             the
             World
             ,
             for
             Princes
             of
             a
             wounded
             Title
             to
             go
             to
             the
             Church-men
             for
             a
             Plaister
             ;
             and
             they
             are
             ready
             enough
             to
             sing
             a
             Requiem
             ,
             so
             as
             they
             may
             be
             the
             gainers
             .
             The
             Princes
             therefore
             of
             the
             House
             of
             Lancaster
             had
             offended
             against
             common
             sence
             ,
             if
             they
             had
             not
             done
             the
             like
             themselves
             ,
             being
             not
             onely
             guilty
             in
             their
             Title
             ,
             but
             also
             by
             a
             secret
             Providence
             drawn
             into
             one
             interest
             together
             with
             the
             Church-men
             to
             support
             each
             other
             .
             For
             Henry
             the
             Fourth
             and
             Archbishop
             Arundel
             meeting
             together
             under
             one
             condition
             of
             Banishment
             ,
             become
             Consorts
             in
             sufferings
             ,
             and
             Consorts
             in
             honour
             :
             for
             Society
             begotten
             in
             trouble
             is
             nourished
             in
             prosperity
             ,
             by
             remembrance
             of
             mutual
             kindnesses
             in
             a
             necessitous
             estate
             ;
             which
             commonly
             are
             the
             more
             hearty
             ,
             and
             more
             sensible
             ,
             by
             how
             much
             other
             contentments
             are
             more
             scant
             .
             But
             the
             Archbishop
             had
             yet
             a
             further
             advantage
             upon
             the
             Heart
             of
             Henry
             the
             Fourth
             ;
             though
             he
             was
             no
             man
             of
             power
             ,
             yet
             he
             was
             of
             great
             interest
             ;
             exceedingly
             beloved
             of
             the
             English
             Clergie
             ,
             and
             the
             more
             for
             his
             Banishment-sake
             .
             Now
             whatsoever
             he
             is
             ,
             or
             hath
             ,
             is
             the
             Kings
             ,
             and
             the
             King
             is
             his
             ;
             the
             sweet
             influence
             of
             the
             Archbishop
             and
             the
             Clergie
             enters
             into
             his
             very
             Soul
             ;
             they
             are
             his
             dearly
             beloved
             
               for
               the
               great
               natural
               love
            
             (
             as
             he
             says
             to
             the
             World
             )
             
               they
               bear
               to
               him
            
             :
             what
             he
             could
             he
             got
             ,
             what
             he
             got
             he
             gave
             to
             the
             Church
             .
             Thus
             the
             Family
             of
             Lancaster
             becoming
             a
             mighty
             support
             unto
             the
             Clergie
             ,
             Roman
             as
             it
             was
             ,
             they
             also
             became
             as
             stout
             maintainers
             of
             the
             crackt
             Title
             of
             that
             younger
             House
             .
             So
             was
             fulfilled
             the
             old
             Prophecie
             of
             the
             Oyl
             given
             to
             Henry
             the
             First
             Duke
             of
             Lancaster
             ,
             wherewith
             
               Henry
               the
               Fourth
               was
               anointed
               ,
               That
               Kings
               anointed
               with
               that
               Oyl
               ,
               should
               be
               the
               Champions
               of
               the
               Church
               .
            
             Now
             for
             the
             more
             particular
             clearing
             of
             this
             ,
             we
             are
             to
             consider
             the
             Church
             absolutely
             ,
             or
             in
             relation
             to
             the
             Political
             Government
             of
             the
             people
             .
             Concerning
             the
             latter
             ,
             many
             things
             did
             befal
             that
             were
             of
             a
             different
             piece
             to
             the
             rest
             ,
             in
             regard
             that
             the
             Lords
             for
             the
             most
             part
             were
             for
             the
             Clergie
             ,
             and
             they
             for
             themselves
             ;
             but
             the
             Commons
             began
             to
             be
             so
             well
             savoured
             with
             
             Wickliff's
             way
             ,
             that
             they
             begin
             to
             bid
             defiance
             at
             the
             Clergies
             self-ends
             and
             aims
             :
             and
             because
             they
             could
             not
             reach
             their
             Heads
             ,
             they
             drive
             home
             blows
             at
             their
             Legs
             .
          
           
             A
             Parliament
             is
             called
             ;
             and
             because
             the
             King
             had
             heard
             somewhat
             ,
             feared
             that
             the
             people
             were
             more
             learned
             than
             was
             meet
             for
             his
             purpose
             ,
             and
             that
             the
             Parliament
             should
             be
             too
             wise
             ;
             he
             therefore
             will
             have
             a
             Parliament
             wherein
             the
             people
             should
             have
             no
             more
             Religion
             than
             to
             believe
             ;
             nor
             Learning
             ,
             than
             to
             understand
             his
             Sence
             ;
             nor
             Wisdom
             ,
             than
             to
             take
             heed
             of
             a
             Negative
             Vote
             .
             But
             it
             befel
             otherwise
             :
             for
             though
             it
             was
             called
             the
             Lack-learning
             Parliament
             ,
             yet
             had
             it
             skill
             enough
             to
             discern
             the
             Clergies
             inside
             ,
             and
             Resolution
             enough
             to
             enter
             a
             second
             claim
             against
             the
             Clergies
             Temporalties
             ;
             and
             taught
             the
             King
             a
             Lesson
             ,
             
               That
               the
               least
               understanding
               Parliaments
               are
               not
               the
               best
               for
               his
               purpose
               .
            
             For
             though
             the
             wisest
             Parliaments
             have
             the
             strongest
             sight
             ,
             and
             can
             see
             further
             than
             the
             King
             would
             have
             them
             ,
             yet
             they
             have
             also
             so
             much
             wisdom
             as
             to
             look
             to
             their
             own
             skins
             ,
             and
             commonly
             are
             not
             so
             venturous
             as
             to
             tell
             all
             
             the
             world
             what
             they
             know
             ,
             or
             to
             act
             too
             much
             of
             that
             which
             they
             do
             understand
             .
             But
             this
             Parliament
             ,
             whether
             wise
             or
             unwise
             ,
             spake
             loud
             of
             the
             Clergies
             superfluous
             Riches
             ;
             and
             the
             Kings
             wants
             are
             parallel'd
             therewith
             ;
             and
             that
             the
             Church-men
             may
             well
             spare
             enough
             to
             maintain
             Fifteen
             Earls
             ,
             Fifteen
             hundred
             Knights
             ,
             Six
             thousand
             two
             hundred
             Esquires
             ,
             and
             one
             hundred
             Hospitals
             more
             than
             were
             in
             his
             Kingdom
             .
          
           
             This
             was
             a
             strong
             temptation
             to
             a
             needy
             and
             couragious
             Prince
             ;
             but
             the
             Archbishop
             was
             at
             his
             Elbow
             .
             The
             King
             tells
             the
             Commons
             that
             the
             Norman
             and
             French
             Cells
             were
             in
             his
             Predecessor's
             time
             seized
             under
             this
             colour
             ,
             yet
             the
             Crown
             was
             not
             the
             richer
             thereby
             ;
             he
             therefore
             resolves
             rather
             to
             add
             to
             ,
             than
             diminish
             any
             thing
             from
             ,
             the
             maintenance
             of
             the
             Clergie
             .
          
           
             Thus
             ,
             as
             the
             King
             said
             ,
             he
             did
             ,
             though
             he
             made
             bold
             with
             the
             Keys
             of
             St.
             Peter
             ;
             for
             he
             could
             distinguish
             between
             his
             own
             Clergie
             and
             the
             Roman
             .
             The
             people
             are
             herewith
             put
             to
             silence
             ,
             yet
             harbour
             sad
             conceits
             of
             the
             Clergie
             against
             a
             future
             time
             ;
             which
             like
             a
             hidden
             fire
             ,
             are
             not
             onely
             preserved
             ,
             but
             encreased
             by
             continual
             occasions
             ;
             and
             more
             principally
             from
             the
             zeal
             of
             the
             Clergie
             ,
             now
             growing
             fiery
             hot
             against
             the
             Lollards
             .
             For
             that
             not
             onely
             the
             people
             ,
             but
             the
             Nobles
             ,
             yea
             ,
             some
             of
             the
             Royal
             Bloud
             ,
             were
             not
             altogether
             estranged
             from
             this
             new
             old
             way
             ;
             whether
             it
             was
             sucked
             from
             their
             Grandfather
             Duke
             John
             ,
             or
             from
             a
             popular
             strain
             ,
             of
             which
             that
             House
             of
             Lancaster
             had
             much
             experience
             ,
             I
             determine
             not
             .
             These
             were
             the
             Dukes
             of
             Bedford
             and
             
               Gloucester
               .
               Bedford
            
             was
             first
             at
             the
             helm
             of
             affairs
             at
             home
             ,
             whilst
             the
             King
             acted
             the
             Souldiers
             part
             in
             France
             ,
             as
             ill
             conceited
             of
             by
             the
             Clergie
             ,
             as
             they
             slighted
             by
             him
             .
             At
             a
             Convocation
             once
             assembled
             against
             the
             Lollards
             ,
             the
             Duke
             sent
             unto
             their
             Assembly
             his
             Dwarf
             ,
             as
             a
             great
             Lollard
             ,
             though
             he
             was
             a
             little
             man
             ;
             and
             he
             returned
             as
             he
             went
             ,
             even
             as
             Catholick
             as
             any
             of
             them
             all
             ;
             
               Non
               tam
               despectus
               à
               Clero
               ,
               quam
               ipse
               Clerum
               despiciens
               atque
               eludens
               .
            
             This
             ,
             
             and
             some
             other
             sleights
             ,
             the
             Clergie
             liked
             not
             ;
             they
             therefore
             find
             a
             way
             to
             send
             him
             into
             France
             ,
             to
             be
             a
             reserve
             to
             his
             Brother
             :
             And
             in
             his
             room
             steps
             forth
             Humphrey
             Duke
             of
             Gloucester
             ,
             that
             was
             no
             less
             cool
             for
             the
             Roman
             way
             than
             he
             .
             Henry
             the
             Fifth
             was
             not
             more
             hearty
             in
             Romes
             behalf
             :
             for
             although
             he
             was
             loth
             to
             interrupt
             his
             Conquest
             abroad
             with
             contests
             at
             home
             ;
             yet
             he
             liked
             not
             of
             advancements
             from
             Rome
             ;
             insomuch
             ,
             as
             perceiving
             the
             Bishop
             of
             Winchester
             to
             aspire
             to
             a
             Cardinals
             Hat
             ,
             he
             said
             ,
             
               That
               he
               would
               as
               well
               lay
               aside
               his
               own
               Crown
               ,
               as
               allow
               the
               Bishop
               to
               take
               the
               Hat.
            
             Nor
             was
             he
             much
             trusted
             by
             the
             Clergie
             ,
             who
             were
             willing
             he
             should
             rather
             engage
             in
             the
             Wars
             with
             France
             ,
             than
             mind
             the
             Proposals
             of
             the
             Commons
             concerning
             the
             Clergies
             Temporalties
             ;
             which
             also
             was
             renewed
             in
             the
             Parliament
             in
             his
             days
             .
             Above
             all
             ,
             as
             the
             Lancastrian
             House
             loved
             to
             look
             to
             its
             own
             ;
             so
             especially
             in
             relation
             to
             Rome
             ,
             they
             were
             the
             more
             jealous
             ,
             by
             how
             much
             it
             pretended
             upon
             them
             for
             its
             favour
             done
             to
             their
             House
             .
             And
             therefore
             Henry
             the
             Fourth
             ,
             the
             most
             obliged
             of
             all
             the
             rest
             ,
             looked
             to
             the
             Provisors
             more
             strictly
             than
             his
             Predecessors
             had
             ;
             and
             not
             onely
             confirmed
             all
             the
             Statutes
             concerning
             the
             same
             already
             made
             ,
             
             but
             had
             also
             provided
             against
             Provisors
             of
             any
             annual
             Office
             ,
             
             or
             Profit
             ,
             or
             of
             Bulls
             of
             Exemption
             from
             payment
             of
             Tythes
             ,
             
             or
             from
             Obedience
             Regular
             or
             Ordinary
             ,
             and
             made
             them
             all
             punishable
             within
             the
             Statute
             .
             
             And
             further
             ,
             
             made
             all
             Licenses
             and
             Pardons
             contrary
             thereto
             (
             granted
             by
             the
             King
             )
             void
             against
             the
             Incumbent
             ;
             and
             gave
             damages
             to
             the
             Incumbent
             in
             such
             vexations
             :
             for
             the
             former
             Laws
             had
             saved
             the
             right
             to
             the
             true
             patron
             both
             against
             Pope
             and
             King.
             
          
           
             And
             thus
             the
             English
             Kings
             were
             Servants
             to
             the
             Church
             of
             England
             at
             the
             charges
             of
             Rome
             ,
             whilst
             the
             Popedome
             being
             now
             under
             a
             wasting
             and
             devouring
             Schism
             ,
             was
             unable
             to
             help
             it self
             ;
             and
             so
             continued
             until
             the
             time
             of
             Henry
             the
             Sixth
             ,
             at
             which
             time
             the
             Clergie
             of
             England
             got
             it self
             under
             the
             power
             and
             shadow
             of
             a
             Protector
             ,
             a
             kind
             of
             Creature
             made
             up
             by
             a
             Pope
             and
             a
             King.
             This
             was
             the
             Bishop
             of
             Winchester
             ,
             so
             great
             a
             man
             ,
             both
             for
             Birth
             ,
             parts
             of
             Nature
             ,
             Riches
             ,
             Spirit
             ,
             and
             Place
             ,
             as
             none
             before
             him
             ever
             had
             the
             like
             :
             For
             he
             was
             both
             Cardinal
             ,
             Legate
             ,
             and
             Chancellor
             of
             England
             ,
             and
             had
             gotten
             to
             his
             aid
             the
             Bishop
             of
             Bath
             to
             be
             Lord
             Treasurer
             of
             England
             .
             Now
             comes
             the
             matter
             concerning
             Provisors
             once
             more
             to
             be
             revived
             .
          
           
             First
             ,
             More
             craftily
             by
             colloguing
             with
             the
             Nobility
             ,
             who
             now
             had
             the
             sway
             in
             the
             Kings
             Minority
             ;
             but
             they
             would
             none
             .
             An
             answer
             is
             given
             by
             the
             King
             ,
             that
             
               he
               was
               too
               young
               to
               make
               alterations
               in
               matters
               of
               so
               high
               concernment
            
             ;
             yet
             he
             promised
             moderation
             .
             The
             Clergie
             are
             put
             to
             silence
             herewith
             ,
             and
             so
             continue
             till
             the
             King
             was
             six
             years
             elder
             ;
             and
             then
             ,
             with
             Money
             in
             one
             hand
             ,
             and
             a
             Petition
             in
             the
             other
             ,
             they
             renew
             their
             suit
             ,
             but
             in
             a
             more
             subtile
             way
             :
             For
             they
             would
             not
             pretend
             Rome
             ,
             but
             the
             English
             Churches
             Liberties
             ;
             they
             would
             not
             move
             against
             the
             Statutes
             of
             Praemuniri
             ,
             but
             to
             have
             them
             explained
             ;
             it
             was
             not
             much
             they
             complained
             of
             ,
             
             for
             it
             was
             but
             that
             one
             word
             Otherwhere
             ,
             which
             ,
             say
             they
             ,
             the
             Judges
             of
             the
             Common
             Law
             expound
             too
             largely
             ,
             not
             onely
             against
             the
             Jurisdiction
             of
             the
             
               Holy
               See
            
             ,
             but
             against
             the
             Jurisdiction
             of
             the
             English
             Prelacy
             ,
             which
             they
             never
             intended
             in
             the
             passing
             of
             those
             Laws
             .
             Their
             Clonclusion
             therefore
             is
             a
             Prayer
             ,
             
               That
               the
               King
               will
               please
               to
               allow
               the
               Jurisdiction
               of
               their
               Ecclesiastical
               Courts
               ,
               and
               that
               Prohibitions
               in
               such
               Cases
               may
               be
               stopped
               .
            
             But
             the
             King
             ,
             either
             perceiving
             that
             the
             Authority
             of
             English
             Prelacy
             was
             wholly
             dependant
             on
             the
             See
             of
             Rome
             ,
             and
             acted
             either
             under
             the
             shadow
             Legatine
             ,
             or
             at
             the
             best
             sought
             an
             Independent
             power
             of
             their
             own
             :
             Or
             else
             the
             King
             doubting
             that
             the
             calling
             of
             one
             word
             of
             that
             Statute
             into
             question
             that
             had
             continued
             so
             long
             ,
             might
             endanger
             the
             whole
             Law
             into
             uncertainty
             ,
             declined
             the
             matter
             ,
             saving
             in
             the
             moderation
             of
             Prohibitions
             .
             Thus
             the
             
               English
               Clergie
            
             are
             put
             to
             a
             retreat
             from
             their
             Reserve
             at
             Rome
             :
             all
             which
             they
             now
             well
             saw
             ,
             yet
             it
             was
             hard
             to
             wean
             them
             .
             The
             Cardinal
             of
             Winchester
             was
             a
             great
             man
             ,
             and
             loth
             to
             lay
             down
             his
             power
             ;
             but
             his
             own
             Tribe
             grew
             weary
             of
             him
             and
             his
             power
             .
             For
             the
             greater
             some
             Church-men
             are
             ,
             unless
             they
             be
             better
             than
             men
             ,
             the
             inferiour
             and
             better
             Church-men
             are
             worse
             than
             men
             .
             At
             length
             therefore
             the
             Cardinal
             is
             Vnlegated
             ,
             and
             that
             power
             conferred
             upon
             the
             Archbishop
             of
             Canterbury
             ;
             a
             man
             formerly
             well
             approved
             ,
             but
             by
             this
             very
             influence
             from
             Rome
             rendred
             suspected
             ,
             Which
             he
             perceiving
             ,
             protested
             against
             the
             exercise
             of
             the
             Jurisdiction
             Legatine
             without
             the
             Kings
             allowance
             ,
             and
             so
             mannerly
             crept
             into
             the
             Chair
             .
          
           
             The
             English
             Kings
             and
             Clergie
             having
             thus
             attained
             the
             right
             discerning
             of
             each
             other
             ,
             begin
             to
             take
             up
             a
             new
             way
             of
             policy
             ;
             which
             was
             to
             hold
             
             nothing
             of
             the
             Popedom
             ,
             but
             the
             Form
             of
             Worship
             and
             Discipline
             ;
             but
             as
             touching
             Jurisdiction
             ,
             they
             held
             it
             a
             high
             point
             of
             wisdom
             ,
             either
             to
             fetch
             it
             nigh
             at
             home
             ,
             or
             to
             be
             silent
             in
             the
             matter
             ;
             having
             now
             found
             a
             main
             difference
             between
             the
             
               Popes
               Will
            
             ,
             and
             the
             Church-Law
             ;
             and
             therefore
             as
             formerly
             the
             Convocation
             and
             Parliament
             joyned
             in
             excluding
             of
             Foreigners
             from
             Church-livings
             ,
             
             under
             the
             notion
             of
             
               Intelligencers
               to
               Enemies
               abroad
            
             :
             So
             neither
             now
             will
             they
             allow
             any
             provisions
             for
             
               English
               men
            
             ;
             and
             upon
             this
             ground
             ,
             the
             Dean
             and
             Chapter
             of
             York
             refused
             to
             admit
             the
             Bishop
             of
             Lincoln
             to
             the
             See
             of
             York
             ,
             although
             assigned
             he
             was
             thereto
             by
             Pope
             Martin
             ,
             and
             he
             the
             darling
             of
             Nations
             ,
             being
             by
             joynt
             consent
             advanced
             to
             the
             Triple
             Crown
             ,
             that
             had
             been
             formerly
             tripled
             amongst
             three
             Popes
             ,
             and
             troubled
             all
             Europe
             .
             And
             whereas
             during
             the
             Tripapalty
             much
             money
             had
             been
             levyed
             here
             in
             England
             ,
             to
             serve
             for
             the
             recovery
             of
             the
             Popedom
             to
             one
             of
             English
             interest
             ;
             now
             by
             joynt
             consent
             the
             same
             is
             seized
             upon
             and
             stopped
             ,
             as
             fewel
             from
             the
             fire
             ,
             and
             spent
             by
             Henry
             the
             Fifth
             in
             the
             recovery
             of
             a
             Kingdom
             in
             France
             ,
             that
             should
             have
             been
             employed
             in
             recovery
             of
             a
             Popedom
             at
             Rome
             .
             These
             things
             concurred
             to
             give
             a
             wound
             to
             the
             Popedom
             ,
             that
             was
             never
             cured
             to
             this
             day
             .
          
           
             Nevertheless
             ,
             the
             English
             Clergie
             was
             no
             loser
             by
             all
             this
             ,
             but
             gained
             in
             the
             whole
             sum
             .
             For
             as
             it
             made
             them
             more
             depending
             on
             the
             Crown
             ,
             so
             it
             made
             the
             Crown
             more
             fast
             to
             them
             ,
             from
             which
             they
             had
             received
             more
             real
             immunities
             and
             power
             ,
             than
             the
             Pope
             ever
             did
             ,
             or
             was
             able
             to
             give
             them
             ;
             and
             might
             expect
             to
             receive
             many
             more
             .
             What
             personal
             respects
             these
             three
             Kings
             shewed
             them
             ,
             hath
             been
             already
             touched
             .
             Henry
             the
             Sixth
             added
             one
             favour
             ,
             which
             made
             all
             the
             rest
             more
             considerable
             .
             Hitherto
             they
             had
             used
             to
             meet
             in
             Convocation
             as
             upon
             the
             interest
             of
             Rome
             ,
             and
             little
             notice
             was
             taken
             of
             them
             ;
             now
             the
             Nation
             owns
             them
             ,
             and
             in
             some
             respects
             their
             work
             ;
             and
             it
             is
             granted
             ,
             
               That
               the
               Clerks
               of
               Convocation
               called
               by
               the
               Kings
               Writ
               ,
            
             
             
               and
               their
               Menial
               Servants
               ,
               shall
               have
               such
               priviledge
               in
               coming
               ,
               carrying
               ,
               and
               going
               ,
               as
               the
               Members
               of
               the
               Parliament
               have
               .
            
             So
             as
             though
             they
             be
             not
             Members
             ,
             yet
             they
             are
             as
             Members
             ,
             if
             they
             assemble
             by
             the
             
               Kings
               Writ
            
             ,
             and
             not
             onely
             by
             the
             power
             of
             the
             Legate
             or
             Metropolitan
             .
             
             The
             antiquity
             of
             this
             Court
             is
             great
             ,
             yet
             not
             so
             great
             as
             hath
             been
             supposed
             ;
             nor
             is
             it
             that
             Court
             of
             the
             Ordinary
             called
             the
             
               Church
               Gemot
            
             ,
             mentioned
             in
             the
             Laws
             of
             Henry
             the
             First
             ,
             as
             not
             onely
             the
             works
             thereof
             ,
             therein
             set
             down
             ,
             do
             sufficiently
             declare
             ;
             but
             also
             it
             is
             evident
             ,
             that
             in
             Henry
             the
             Second's
             days
             ,
             the
             Grand
             Councils
             of
             this
             Kingdom
             were
             joyntly
             mixed
             both
             of
             Clergie
             and
             Laity
             .
             Nor
             could
             the
             Clergie
             shut
             the
             Laity
             from
             their
             Councils
             ,
             till
             about
             the
             times
             of
             Richard
             the
             First
             ,
             or
             King
             John.
             From
             which
             time
             forward
             ,
             the
             Laity
             were
             so
             far
             from
             protecting
             of
             them
             ,
             that
             (
             till
             these
             times
             now
             in
             hand
             )
             all
             their
             care
             was
             to
             keep
             them
             from
             violating
             the
             Liberty
             of
             the
             people
             .
             That
             they
             were
             many
             times
             notwithstanding
             called
             together
             by
             the
             
               Kings
               Writ
            
             before
             these
             times
             ,
             
             hath
             also
             been
             cleared
             by
             another
             Pen.
             That
             their
             work
             at
             such
             times
             was
             to
             advise
             concerning
             such
             matters
             as
             should
             be
             propounded
             to
             them
             by
             the
             King
             in
             Parliament
             ,
             their
             Summons
             do
             shew
             ;
             the
             particulars
             whereof
             ,
             for
             the
             most
             part
             ,
             concerned
             supplies
             of
             Money
             from
             the
             Church-men
             .
             And
             yet
             sometimes
             matters
             of
             great
             moment
             were
             debated
             therein
             .
             As
             in
             a
             Convocation
             summoned
             by
             Henry
             the
             Fifth
             in
             his
             ninth
             year
             ,
             the
             preheminence
             of
             Pope
             Eugenius
             above
             the
             Council
             of
             Bazil
             was
             debated
             ;
             and
             as
             much
             as
             they
             could
             ,
             they
             determined
             
             the
             same
             .
             The
             credit
             of
             their
             decisions
             in
             former
             time
             ,
             I
             believe
             was
             not
             much
             amongst
             the
             people
             ;
             because
             the
             men
             were
             looked
             upon
             with
             an
             evil
             eye
             .
             Now
             that
             the
             Parliament
             seemeth
             to
             own
             them
             in
             their
             way
             ,
             and
             to
             protect
             them
             ;
             their
             determinations
             are
             somewhat
             .
             The
             Church-men
             espy
             their
             opportunity
             ,
             and
             whilst
             the
             benevolent
             influence
             of
             the
             State
             is
             in
             its
             first
             heat
             ,
             they
             improve
             it
             in
             this
             manner
             .
             The
             times
             were
             now
             come
             about
             wherein
             light
             began
             to
             spring
             forth
             ,
             conscience
             tobestir
             itself
             ,
             and
             men
             to
             study
             the
             Scriptures
             .
             This
             was
             imputed
             to
             the
             idleness
             and
             carelesness
             of
             the
             Clergie
             ,
             who
             suffered
             the
             minds
             of
             young
             Scholars
             to
             luxuriate
             into
             Errours
             of
             Divinity
             ,
             for
             want
             of
             putting
             them
             on
             to
             other
             Learning
             ,
             and
             gave
             no
             encouragement
             to
             studies
             of
             humane
             Literature
             ,
             by
             preferring
             those
             that
             were
             deserving
             .
             
             The
             Convocation
             taking
             this
             into
             consideration
             ,
             do
             decree
             ,
             That
             no
             person
             should
             exercise
             any
             jurisdiction
             in
             any
             Office
             ,
             as
             
               Vicar-general
               ,
               Commissary
            
             ,
             or
             Official
             ,
             or
             otherwise
             ,
             unless
             he
             shall
             have
             first
             in
             the
             University
             have
             taken
             Degrees
             in
             the
             Civil
             or
             
               Canon
               Law.
            
             A
             shrewd
             trick
             this
             was
             to
             stop
             the
             growth
             of
             the
             study
             of
             Divinity
             ,
             and
             
             Wickliff's
             way
             :
             and
             to
             imbellish
             mens
             minds
             with
             a
             kind
             of
             Learning
             that
             may
             gain
             them
             preferment
             ,
             or
             at
             least
             an
             opinion
             of
             abilities
             beyond
             the
             common
             strain
             ,
             and
             dangerous
             to
             be
             meddled
             with
             .
             Like
             some
             Gallants
             that
             wear
             Swords
             as
             Badges
             of
             Honour
             ,
             and
             to
             bid
             men
             beware
             ,
             because
             they
             possibly
             may
             strike
             ,
             though
             in
             their
             own
             persons
             they
             may
             be
             very
             Cowards
             .
             And
             no
             less
             mischievously
             intended
             was
             this
             against
             the
             rugged
             Common-Law
             ,
             a
             Rule
             so
             nigh
             allied
             to
             the
             Gospel-way
             ,
             as
             it
             favoureth
             Liberty
             ;
             and
             so
             far
             estranged
             from
             the
             way
             of
             the
             Civil
             and
             Canon-Law
             ,
             as
             there
             is
             no
             hope
             of
             accommodation
             till
             Christ
             and
             Anti-Christ
             have
             fought
             the
             field
             .
          
           
             Thus
             much
             of
             the
             Church
             of
             England
             ,
             in
             relation
             to
             the
             State
             ,
             now
             as
             it
             is
             absolutely
             considered
             ,
             in
             regard
             of
             the
             several
             degrees
             of
             persons
             therein
             .
             Although
             these
             three
             Kings
             were
             much
             endeared
             to
             the
             English
             Clergy
             ,
             yet
             the
             difference
             between
             the
             Laity
             and
             them
             growing
             high
             ,
             the
             King
             's
             principal
             care
             is
             now
             ,
             to
             keep
             an
             even
             hand
             between
             them
             both
             :
             for
             he
             that
             will
             back
             two
             Horses
             at
             once
             ,
             must
             keep
             them
             even
             ,
             or
             put
             his
             joynts
             to
             the
             adventure
             .
             First
             ,
             Henry
             the
             Fourth
             granteth
             ,
             
               That
               no
               more
               shall
               be
               paid
               to
            
             Rome
             
               for
               the
               first-fruits
               of
               Archbishops
               and
               Bishops
               ,
               than
               hath
               been
               anciently
               used
               .
            
             
             The
             occasion
             hereof
             was
             ,
             
               to
               prevent
               the
               horrible
               mischief
               ,
               and
               damnable
               custom
               of
            
             Rome
             ;
             for
             such
             are
             the
             very
             words
             of
             that
             Statute
             ,
             unto
             which
             the
             Clergy
             gave
             their
             Vote
             ,
             if
             not
             the
             first
             Vote
             :
             and
             therefore
             certainly
             did
             neither
             believe
             ,
             nor
             honour
             that
             infallible
             Chair
             as
             their
             own
             Mother
             ;
             nor
             did
             they
             bear
             her
             Yoke
             ,
             further
             ,
             than
             their
             own
             benefit
             and
             reason
             of
             State
             did
             require
             .
             For
             though
             the
             immediate
             benefit
             of
             this
             Law
             did
             descend
             upon
             the
             Prelacy
             ,
             yet
             it
             also
             much
             concerned
             the
             interest
             both
             of
             the
             honour
             and
             benefit
             of
             the
             Nation
             ,
             that
             the
             Clergy
             should
             not
             be
             at
             the
             Pope's
             pleasure
             to
             tax
             and
             assess
             as
             he
             thought
             good
             .
          
           
             Secondly
             ,
             
             Henry
             the
             Fifth
             added
             unto
             the
             Prelacy
             some
             kind
             of
             increase
             both
             of
             Honour
             and
             Power
             ,
             viz.
             to
             visit
             Hospitals
             that
             were
             not
             of
             the
             King
             's
             own
             foundation
             ,
             and
             to
             reform
             abuses
             there
             :
             for
             the
             Patrons
             either
             had
             no
             power
             to
             punish
             ,
             or
             will
             or
             care
             to
             reform
             them
             .
             And
             thus
             upon
             the
             point
             ,
             although
             they
             lost
             a
             Right
             ,
             yet
             they
             gained
             ease
             .
          
           
             Thirdly
             ,
             
             The
             same
             King
             confirmed
             by
             a
             Statute
             unto
             Ordinaries
             ,
             the
             cognizance
             of
             Accounts
             of
             Executors
             for
             their
             Testators
             Estates
             ;
             which
             formerly
             was
             granted
             by
             the
             Canon-Law
             ,
             but
             they
             wanted
             power
             to
             execute
             ,
             and
             a
             Right
             to
             have
             and
             receive
             .
             In
             all
             these
             the
             Clergie
             or
             Prelacy
             
             were
             the
             immediate
             gainers
             .
             In
             as
             many
             other
             things
             the
             people
             were
             made
             gainers
             ,
             and
             yet
             the
             Clergie
             were
             no
             losers
             ,
             otherwise
             than
             (
             like
             the
             Kite
             )
             of
             that
             prey
             which
             was
             none
             of
             their
             own
             .
          
           
             First
             ,
             They
             refused
             formerly
             to
             grant
             Copies
             of
             Libels
             ,
             either
             thereby
             to
             hinder
             the
             course
             of
             Prohibitions
             ,
             or
             to
             make
             the
             Copies
             the
             moredear
             ,
             and
             Money
             more
             cheap
             with
             them
             .
             Henry
             the
             Fifth
             ,
             finding
             this
             a
             grievance
             to
             the
             people
             ,
             passeth
             a
             Law
             ,
             That
             all
             Ordinaries
             shall
             grant
             the
             
               Copies
               of
               Libels
            
             at
             such
             time
             as
             by
             Law
             they
             are
             grantable
             .
          
           
             Secondly
             ,
             As
             the
             
               probate
               of
               Wills
            
             had
             anciently
             belonged
             to
             the
             Ordinary
             by
             the
             Canon-Law
             ,
             
             and
             formerly
             also
             confirmed
             to
             them
             by
             the
             Parliament
             ;
             so
             it
             also
             
               regulated
               and
               settled
               the
               Fees
               for
               such
               Service
               .
            
             But
             the
             Clergy
             having
             been
             ever
             under
             the
             noutriture
             of
             their
             Mother
             Rome
             ,
             that
             loved
             to
             exceed
             ,
             they
             likewise
             accounted
             it
             their
             liberty
             to
             take
             what
             they
             could
             get
             .
             But
             the
             nigher
             they
             come
             to
             engage
             with
             Kings
             in
             their
             Government
             according
             to
             Law
             ,
             the
             more
             reformed
             they
             grow
             .
             Formerly
             Edward
             the
             Third
             had
             settled
             their
             Fees
             ,
             but
             they
             would
             not
             hold
             to
             the
             rule
             .
             Now
             the
             Law
             is
             doubled
             by
             Henry
             the
             Fifth
             ,
             with
             a
             penalty
             of
             treble
             damages
             against
             Delinquents
             .
             Furthermore
             ,
             the
             very
             Priests
             could
             not
             contain
             their
             
               Pater-Nosters
               ,
               Requiems
               ,
               Masses
            
             ,
             
             and
             such
             Wares
             they
             had
             engrossed
             ,
             and
             set
             thereof
             what
             price
             they
             pleased
             .
             The
             Market
             was
             risen
             to
             that
             height
             ,
             that
             Edward
             the
             Third
             undertook
             to
             set
             a
             rate
             upon
             those
             Commodities
             :
             but
             that
             also
             would
             not
             hold
             long
             ;
             Henry
             the
             Fifth
             he
             sets
             a
             certain
             stipend
             somewhat
             more
             than
             Edward
             the
             Third
             had
             done
             ,
             
             and
             yet
             less
             than
             the
             Priests
             had
             formerly
             .
          
           
             Lastly
             ,
             Some
             Laws
             were
             made
             ,
             wherein
             the
             Commonwealth
             gained
             ,
             and
             the
             Church
             were
             losers
             .
             First
             ,
             Whereas
             the
             Church-men
             formerly
             held
             all
             holy
             things
             proper
             and
             peculiar
             to
             their
             own
             Cognizance
             ,
             especially
             
               such
               as
               concerned
               the
               Worship
               of
               God
               ;
               the
               Parliament
               now
               began
               to
               be
               bold
               with
               that
               ,
               and
               never
               asked
               leave
               .
            
             It
             had
             now
             for
             a
             long
             time
             ,
             even
             since
             the
             Saxon
             times
             ,
             been
             the
             unhappy
             condition
             of
             this
             Church
             of
             England
             amongst
             others
             ,
             to
             decay
             continually
             in
             Piety
             and
             right
             Devotion
             ;
             but
             through
             the
             light
             that
             now
             revived
             ,
             and
             God's
             goodness
             ,
             it
             in
             these
             times
             came
             to
             pass
             ,
             that
             the
             people
             did
             entertain
             some
             sense
             of
             their
             duty
             towards
             God
             more
             than
             formerly
             ,
             and
             
               begin
               to
               quarrel
               the
               abuses
               done
               to
               the
               Lords
               day
               in
               the
               manner
               of
               the
               keeping
               thereof
               .
               London
            
             hath
             the
             honour
             for
             beginning
             this
             Reformation
             by
             an
             Act
             of
             their
             Common
             Council
             .
             
             The
             Parliament
             within
             seven
             years
             after
             that
             engage
             the
             whole
             Kingdom
             in
             that
             service
             (
             though
             therewith
             also
             are
             adjoyned
             other
             
               holy
               Feasts
            
             then
             holden
             )
             and
             all
             Fairs
             and
             Markets
             are
             enjoyned
             to
             cease
             on
             that
             day
             ,
             under
             pain
             of
             forfeiture
             of
             Goods
             exposed
             to
             sale
             ;
             excepting
             Victual
             ,
             and
             excepting
             the
             four
             Sundays
             in
             Harvest
             .
             And
             thus
             though
             places
             had
             their
             Consecration
             allowed
             by
             the
             Parliament
             ,
             and
             immunity
             from
             trading
             in
             Fairs
             and
             Markets
             by
             the
             space
             of
             a
             hundred
             and
             sixty
             years
             before
             this
             time
             ;
             yet
             that
             time
             which
             God
             by
             his
             own
             Law
             had
             reserved
             to
             his
             own
             self
             ,
             never
             came
             under
             regard
             to
             be
             allowed
             till
             now
             ;
             
               and
               yet
               not
               by
               the
               motion
               of
               the
               Clergie
               ,
               nor
               by
               their
               furtherance
               .
            
             For
             by
             their
             thrusting
             in
             the
             
               Holy
               days
            
             ,
             they
             made
             them
             equal
             with
             the
             
               Lords
               day
            
             ;
             and
             in
             Harvest-time
             superiour
             ,
             by
             preserving
             them
             in
             force
             ,
             whenas
             the
             
               Lords
               days
            
             were
             set
             aside
             .
             So
             God
             had
             somewhat
             of
             these
             men
             ,
             but
             the
             Pope
             more
             .
             Secondly
             ,
             As
             the
             Church-men
             lost
             in
             the
             former
             ,
             so
             the
             Prelacy
             in
             this
             that
             follows
             .
          
           
             The
             Prelates
             had
             long
             since
             obtained
             the
             Trial
             of
             Bastardy
             ,
             and
             therein
             could
             strain
             themselves
             so
             far
             ,
             as
             to
             put
             the
             case
             of
             Inheritance
             into
             
             danger
             ,
             where
             the
             point
             otherwise
             was
             clear
             enough
             .
             And
             this
             grew
             to
             that
             height
             ,
             that
             it
             endangered
             the
             disinheriting
             of
             the
             Heirs
             of
             the
             ●arl
             of
             Kent
             .
             
             It
             is
             therefore
             now
             provided
             ,
             that
             before
             the
             Ordinary
             in
             such
             Cases
             proceeded
             to
             Trial
             ,
             Proclamations
             shall
             be
             made
             in
             Chancery
             ,
             to
             summon
             all
             pretenders
             of
             Interests
             or
             Titles
             to
             come
             before
             the
             Ordinary
             to
             make
             their
             Allegations
             ;
             and
             all
             Trials
             of
             Bastardy
             otherwise
             made
             ,
             shall
             be
             void
             ;
             so
             as
             whatever
             the
             Canon
             did
             ,
             the
             Parliament
             would
             not
             trust
             to
             the
             Ordinaries
             Summons
             ,
             nor
             allow
             of
             their
             power
             in
             any
             other
             manner
             than
             the
             Parliament
             thought
             meet
             .
             One
             thing
             more
             remaineth
             ,
             wherein
             the
             true
             Church
             of
             Christ
             seemed
             to
             lose
             ,
             and
             yet
             gained
             ;
             and
             the
             Clergie
             ,
             joyning
             with
             the
             King
             ,
             seemed
             to
             gain
             ,
             and
             yet
             lost
             :
             this
             was
             the
             point
             of
             Worship
             which
             had
             long
             stumbled
             the
             minds
             of
             the
             people
             ;
             and
             was
             now
             grown
             to
             that
             strength
             ▪
             that
             nothing
             but
             an
             Act
             of
             Parliament
             can
             keep
             it
             under
             .
             This
             opinion
             concerning
             Worship
             was
             at
             the
             first
             so
             young
             ,
             that
             it
             was
             not
             yet
             baptized
             with
             any
             proper
             name
             ,
             but
             called
             ,
             
               Opinion
               contrary
               to
               the
               Church-determinations
               ,
               or
               Catholick
               Faith.
            
             And
             against
             this
             the
             Clergie
             now
             stormed
             more
             than
             ever
             formerly
             ;
             because
             it
             was
             grown
             to
             such
             a
             height
             ,
             as
             if
             it
             meaned
             to
             over-top
             theirs
             .
             To
             this
             end
             they
             procured
             an
             Act
             to
             pass
             ,
          
           
             That
             all
             Preachers
             ,
             
             Teachers
             ,
             Writers
             ,
             School-masters
             ,
             Favourers
             ,
             or
             notoriously
             defamed
             persons
             for
             ▪
             the
             maintenance
             of
             such
             Opinions
             ,
             shall
             be
             (
             upon
             conviction
             before
             the
             Ordinary
             ,
             according
             to
             the
             Canons
             )
             imprisoned
             in
             the
             Diocesans
             Prison
             ,
             and
             Fined
             according
             to
             the
             Diocesans
             discretion
             .
          
           
             If
             upon
             Conviction
             ,
             he
             shall
             not
             abjure
             ,
             or
             shall
             relapse
             ,
             he
             shall
             be
             delivered
             unto
             the
             Secular
             power
             ,
             and
             be
             burned
             .
          
           
             And
             that
             Preachers
             without
             ,
             License
             of
             the
             Diocesan
             ,
             should
             be
             restrained
             .
          
           
             Concerning
             which
             Law
             ,
             I
             shall
             first
             shew
             what
             change
             in
             the
             Laws
             of
             this
             Kingdom
             was
             endeavoured
             ,
             and
             what
             was
             really
             effected
             .
          
           
             First
             ,
             
             It
             is
             an
             undeniable
             ground
             .
             
               That
               no
               Freeman
               can
               be
               put
               to
               answer
               before
               any
               Judge
               ,
               but
               upon
               presentment
               ,
               or
               other
               matter
               of
               Record
               foregoing
               ,
               and
               by
               due
               Process
               of
               Law.
            
             And
             yet
             it
             had
             been
             ruled
             ,
             that
             strong
             presumption
             ,
             and
             complaint
             of
             credit
             after
             it
             is
             entred
             ,
             is
             sufficient
             Record
             to
             ground
             proceedings
             in
             this
             Case
             ,
             to
             attach
             the
             party
             to
             Answer
             .
             
             But
             by
             this
             Law
             a
             Trial
             is
             introduced
             ,
             that
             neither
             resleth
             upon
             any
             peremptory
             Accusation
             ,
             or
             proof
             of
             Witness
             ,
             but
             meerly
             upon
             Inquisition
             ,
             upon
             the
             Oath
             and
             Conscience
             of
             the
             party
             suspected
             ▪
             which
             in
             the
             latter
             days
             hath
             been
             called
             the
             
               Trial
               upon
               the
               Oath
               Ex
               Officio
               .
            
             For
             such
             was
             the
             Trial
             allowed
             by
             the
             Canon
             in
             these
             times
             ;
             as
             appears
             in
             the
             Constitutions
             of
             Otho
             ,
             
             and
             the
             Decrees
             of
             the
             Archbishop
             Boniface
             ;
             by
             whom
             it
             was
             endeavoured
             to
             be
             obtruded
             upon
             the
             Laity
             ,
             about
             the
             times
             of
             Henry
             the
             Third
             ,
             or
             Edward
             the
             First
             :
             but
             even
             the
             Clergie
             then
             withstood
             it
             ,
             as
             Lindwood
             confesseth
             .
             And
             Otho
             in
             his
             very
             Constitution
             doth
             hold
             this
             forth
             by
             that
             clause
             of
             his
             ,
             
             
               Non
               obstante
               obtenta
               consuetudine
            
             .
          
           
             Seconly
             ,
             This
             Law
             doth
             endeavour
             to
             introduce
             a
             new
             Judge
             ,
             with
             a
             power
             to
             Fine
             ▪
             and
             Imprison
             according
             to
             discretion
             ;
             and
             a
             Prison
             allowed
             to
             him
             as
             his
             own
             peculiar
             ,
             and
             yet
             the
             Writ
             
               De
               cautione
               admittenda
               ▪
            
             still
             
             held
             its
             power
             ,
             to
             regulate
             that
             discretion
             as
             formerly
             it
             had
             done
             ;
             which
             by
             the
             way
             may
             render
             the
             power
             of
             this
             Law
             suspicious
             .
          
           
             Thirdly
             ,
             The
             Clergie
             are
             not
             content
             to
             have
             the
             Estates
             and
             Liberties
             of
             the
             bodies
             of
             the
             people
             at
             their
             discretion
             ;
             but
             they
             must
             also
             have
             their
             Lives
             .
             
               Although
               no
               Freeman's
               life
               could
               by
               the
               Fundamental
               Laws
               of
               this
               Kingdom
               come
               to
               question
               ,
               but
               by
               the
               Judgement
               of
               his
               Peers
            
             ;
             nor
             could
             the
             Clergie
             by
             their
             own
             Canons
             
               interesse
               sanguini
            
             ,
             viz.
             
               They
               cannot
               put
               any
               man
               to
               death
               :
            
             but
             by
             this
             Law
             they
             may
             send
             any
             man
             to
             death
             by
             a
             Sentence
             as
             sure
             as
             death
             ,
             
               Tradatur
               potestati
               seculari
            
             :
             And
             such
             a
             death
             ,
             not
             as
             the
             Civil
             Magistrate
             is
             wont
             to
             execute
             ,
             by
             a
             speedy
             parting
             of
             the
             Soul
             from
             the
             Body
             ,
             by
             loss
             of
             Blood
             ,
             stop
             of
             Breath
             ,
             or
             such
             like
             ;
             but
             the
             Clergie
             must
             have
             Bloud
             ,
             Flesh
             ,
             Bones
             ,
             and
             Life
             and
             all
             ,
             even
             the
             edge
             of
             non
             entity
             it self
             ,
             or
             they
             are
             not
             satisfied
             :
             and
             thus
             the
             Writ
             
               De
               comburendo
               Hoeretico
            
             entred
             into
             the
             World.
             True
             it
             is
             ,
             that
             some
             sparks
             of
             this
             fire
             are
             found
             in
             former
             times
             ;
             and
             Bracton
             toucheth
             upon
             such
             a
             Law
             ,
             in
             case
             of
             a
             Clerk
             convict
             for
             Apostacy
             ;
             
               Primo
               degradetur
               ,
               &
               post
               per
               manum
               Laicalem
               Comburatur
            
             ;
             which
             was
             indeed
             the
             Canon
             ,
             and
             that
             by
             his
             own
             Confession
             ;
             for
             it
             is
             grounded
             upon
             one
             ,
             
               Secundum
               quod
               accidit
            
             ,
             in
             the
             Synod
             at
             Oxford
             under
             Archbishop
             Becket
             .
             But
             that
             Case
             concerneth
             a
             Clerk
             ,
             who
             by
             his
             profession
             hath
             put
             himself
             under
             the
             Law
             of
             the
             Canon
             ;
             and
             it
             was
             onely
             in
             case
             of
             Apostacy
             ,
             himself
             being
             turned
             Jew
             ;
             and
             this
             also
             done
             upon
             a
             sudden
             pang
             of
             zeal
             and
             power
             of
             an
             Archbishop
             that
             would
             know
             no
             Peer
             .
             Nor
             do
             we
             find
             any
             second
             to
             this
             Precedent
             by
             the
             space
             of
             Two
             hundred
             years
             next
             ensuing
             :
             
             neither
             doth
             the
             Decree
             of
             Archbishop
             Peckham
             ,
             who
             was
             not
             long
             after
             Becket
             ,
             treating
             about
             Apostacy
             in
             Lay-men
             ,
             mention
             any
             other
             punishment
             ,
             than
             that
             they
             are
             to
             be
             reclaimed
             
               Per
               censuras
               Ecclesiasticas
            
             .
             Nor
             yet
             that
             of
             Archbishop
             Arundel
             ,
             amongst
             the
             Constitutions
             at
             Oxford
             ,
             not
             long
             before
             this
             Statute
             ;
             who
             treating
             about
             the
             crime
             of
             Heresie
             ,
             lays
             the
             penalty
             upon
             forfeiture
             of
             Goods
             ▪
             with
             a
             Praesertim
             ,
             as
             if
             it
             were
             the
             grand
             punishment
             .
             
             And
             Linwood
             in
             his
             Gloss
             upon
             that
             place
             ,
             setting
             down
             the
             Censures
             against
             
               Heresie
               ,
               Hodie
               sunt
            
             (
             saith
             he
             )
             
               damnandi
               ad
               mortem
            
             ;
             as
             if
             it
             were
             otherwise
             ,
             but
             as
             yesterday
             .
          
           
             Fourthly
             ,
             the
             next
             endeavour
             is
             to
             bring
             the
             cognizance
             of
             all
             ,
             wholly
             to
             the
             
               Ecclesiastical
               Court
            
             ,
             without
             further
             Appeal
             ;
             for
             so
             the
             words
             concerning
             Conviction
             of
             Heresie
             are
             :
             
               Whereupon
               evidence
               shall
               be
               given
               to
               the
               Diocesan
               of
               the
               same
               place
               ,
               or
               his
               Ordinary
               in
               that
               behalf
               .
            
          
           
             These
             changes
             ,
             I
             say
             ,
             were
             endeavoured
             to
             be
             brought
             upon
             the
             Government
             of
             this
             Kingdom
             ;
             and
             yet
             the
             Law
             ,
             for
             all
             this
             ,
             suffered
             no
             change
             ;
             nor
             did
             the
             
               House
               of
               Commons
            
             (
             however
             the
             name
             is
             thrust
             into
             the
             English
             Ordinary
             Print
             )
             ever
             yield
             unto
             the
             passing
             of
             the
             same
             ;
             but
             in
             the
             Parliament
             next
             ensuing
             ,
             complained
             thereof
             ,
             and
             
               protested
               they
               would
               not
               be
               bound
               by
               such
               Laws
               whereto
               the
               House
               of
               Commons
               had
               not
               given
               their
               consent
               .
            
             And
             this
             dashed
             the
             Law
             quite
             out
             of
             countenance
             ;
             (
             although
             it
             holds
             the
             place
             still
             amongst
             the
             number
             )
             for
             within
             four
             years
             after
             ,
             the
             Clergie
             bring
             in
             another
             Bill
             of
             the
             same
             nature
             in
             general
             ,
             though
             varying
             in
             some
             particulars
             ;
             
             but
             the
             same
             was
             again
             rejected
             .
          
           
             All
             the
             strength
             therefore
             of
             this
             Law
             resteth
             upon
             the
             King
             and
             House
             of
             Lords
             ,
             engaged
             by
             the
             Clergie
             ,
             (
             whom
             they
             trusted
             for
             their
             Religion
             ;
             
             for
             Book-learning
             was
             with
             them
             of
             small
             account
             )
             and
             no
             less
             by
             the
             King
             ;
             who
             knew
             no
             better
             way
             to
             give
             the
             Clergie
             content
             ,
             that
             gave
             him
             so
             much
             ,
             as
             to
             set
             the
             Crown
             upon
             his
             Head
             ;
             nor
             to
             discharge
             his
             Royal
             Word
             ,
             
             passed
             by
             the
             Earls
             of
             Northumberland
             and
             Westmorland
             ,
             in
             his
             behalf
             unto
             the
             Convocation
             ,
             
               viz.
               That
               they
               were
               sent
               to
               declare
               the
               Kings
               good
               will
               to
               the
               Clergie
               and
               Church-Liberties
               ;
               and
               that
               he
               was
               resolved
               to
               defend
               all
               the
               Liberties
               of
               the
               Church
               by
               his
               Kingly
               power
               ,
               and
               to
               punish
               Hereticks
               and
               the
               Churches
               Enemies
               in
               such
               manner
               as
               the
               Clergie
               should
               think
               meet
               ;
               and
               therefore
               desired
               their
               daily
               prayers
               for
               his
               own
               and
               the
               Kingdoms
               safety
               .
            
             
             And
             yet
             for
             all
             this
             ,
             the
             people
             were
             not
             of
             this
             mind
             ;
             no
             small
             part
             of
             the
             Kingdom
             being
             overspread
             with
             these
             opinions
             .
          
           
             After
             Henry
             the
             Fourth
             comes
             Henry
             the
             Fifth
             ,
             and
             he
             also
             makes
             another
             essay
             ;
             the
             former
             opinions
             ,
             then
             known
             onely
             by
             the
             general
             names
             of
             Heresie
             ,
             are
             now
             baptized
             by
             the
             new
             name
             of
             Lollardry
             ,
             and
             grown
             so
             overspreading
             ,
             that
             all
             the
             troubles
             of
             these
             times
             are
             still
             imputed
             to
             them
             .
             It
             was
             indeed
             the
             Devils
             old
             and
             common
             trick
             ,
             thus
             to
             inrage
             earthly
             powers
             against
             these
             men
             ;
             although
             he
             be
             hereby
             but
             an
             instrument
             in
             the
             hand
             of
             the
             chief
             Builder
             ,
             that
             in
             laying
             a
             sure
             Foundation
             ,
             doth
             as
             well
             ram
             down
             as
             raise
             up
             ;
             for
             the
             malice
             of
             these
             men
             made
             the
             people
             of
             God
             to
             multiply
             .
             Henry
             the
             Fifth
             also
             published
             a
             Law
             to
             this
             same
             purpose
             .
          
           
             That
             all
             persons
             in
             place
             of
             Government
             ,
             
             shall
             swear
             to
             use
             their
             diligence
             to
             destroy
             all
             Heresies
             and
             Errors
             ,
             called
             Lollardries
             .
          
           
             That
             all
             Lollards
             convict
             by
             the
             Clergie
             ,
             (
             left
             to
             the
             secular
             power
             ,
             according
             to
             the
             Laws
             of
             Holy
             Church
             )
             shall
             forfeit
             their
             Lands
             and
             Tenements
             to
             their
             Lords
             :
             And
             the
             King
             to
             have
             the
             Year
             and
             Day
             ,
             and
             Waste
             ,
             and
             all
             his
             Goods
             and
             Chattels
             .
          
           
             If
             the
             Lord
             be
             the
             Ordinary
             ,
             the
             King
             shall
             have
             all
             .
          
           
             No
             forfeiture
             to
             be
             ,
             till
             the
             Delinquent
             be
             dead
             .
          
           
             They
             shall
             be
             found
             by
             Indictment
             before
             the
             Justices
             of
             the
             Peace
             .
          
           
             This
             Indictment
             being
             found
             ,
             shall
             be
             sent
             to
             the
             Ordinary
             with
             the
             Prisoner
             .
          
           
             The
             Indictment
             shall
             not
             be
             for
             Evidence
             ,
             but
             onely
             for
             Information
             .
          
           
             These
             are
             the
             principal
             things
             contained
             in
             this
             Law
             ,
             which
             by
             the
             manner
             of
             the
             composure
             ,
             seemeth
             to
             be
             of
             an
             uncertain
             colour
             ,
             neither
             made
             by
             the
             Clergie
             ,
             nor
             Laity
             ,
             but
             spoiled
             between
             them
             both
             .
             The
             intent
             thereof
             seemeth
             to
             be
             principally
             to
             draw
             on
             the
             House
             of
             Commons
             to
             pass
             the
             Law
             ,
             under
             hope
             of
             gain
             by
             the
             forfeitures
             ;
             for
             the
             penalty
             is
             like
             that
             of
             Felony
             ,
             though
             the
             crime
             be
             not
             expresly
             declared
             to
             be
             Felony
             .
             But
             the
             intent
             fell
             short
             in
             event
             .
          
           
             For
             first
             ,
             The
             nature
             of
             the
             Crime
             is
             not
             defined
             ,
             nor
             declared
             by
             any
             Law
             ;
             and
             therefore
             can
             no
             man
             by
             Indictment
             be
             found
             to
             be
             such
             .
          
           
             Secondly
             ,
             No
             penalty
             of
             death
             hath
             been
             by
             any
             former
             ,
             or
             by
             this
             Law
             ,
             determined
             upon
             such
             as
             are
             guilty
             ;
             for
             it
             is
             not
             enacted
             by
             any
             Law
             ,
             that
             such
             persons
             shall
             be
             delivered
             to
             the
             Secular
             power
             ,
             &c.
             
          
           
             Thirdly
             ,
             This
             Statute
             determining
             the
             forfeiture
             to
             be
             not
             till
             death
             ;
             and
             neither
             that
             ,
             nor
             any
             other
             Law
             of
             this
             Kingdom
             determining
             death
             ;
             then
             is
             no
             forfeiture
             determined
             .
          
           
             Fourthly
             ,
             Though
             this
             Law
             taketh
             it
             for
             granted
             ,
             that
             Heresie
             and
             Errours
             belong
             to
             Ecclesiastical
             Cognizance
             ,
             yet
             the
             same
             allows
             of
             no
             further
             proceedings
             than
             Ecclesiastical
             censures
             .
          
           
           
             Lastly
             ,
             By
             this
             Law
             there
             can
             be
             no
             proceeding
             ,
             but
             in
             case
             of
             Indictment
             ,
             (
             for
             otherwise
             without
             Record
             no
             forfeiture
             can
             be
             )
             therefore
             where
             no
             Indictment
             is
             ,
             there
             is
             no
             forfeiture
             .
             In
             all
             which
             regards
             ,
             it
             is
             evident
             that
             the
             Clergie
             could
             by
             this
             Law
             neither
             get
             fat
             nor
             bloud
             .
             
             And
             therefore
             at
             their
             Convocation
             ,
             in
             the
             next
             year
             following
             ,
             they
             took
             another
             course
             ,
             and
             ordered
             that
             three
             in
             every
             Parish
             should
             make
             presentment
             upon
             Oath
             of
             such
             persons
             as
             are
             defamed
             for
             Hereticks
             ,
             and
             the
             truth
             so
             far
             as
             they
             can
             learn.
             Which
             puts
             me
             in
             mind
             of
             a
             Presentment
             that
             I
             have
             seen
             by
             some
             of
             St.
             
               Mary
               Overies
            
             in
             these
             times
             :
             
               Item
               ,
               We
               saine
               ,
               that
            
             John
             Stevens
             
               is
               a
               man
               we
               cannot
               tell
               what
               to
               make
               of
               him
               ;
               and
               that
               he
               hath
               Books
               we
               know
               not
               what
               they
               are
               .
            
             This
             new
             course
             shews
             plainly
             ,
             that
             the
             former
             held
             not
             force
             as
             they
             intended
             it
             :
             So
             God
             blasted
             the
             practices
             of
             the
             Clergie
             at
             this
             time
             also
             ;
             rendring
             this
             Law
             immaterial
             that
             had
             the
             form
             ,
             as
             the
             other
             missed
             in
             the
             form
             and
             had
             the
             matter
             .
          
        
         
           
             CHAP.
             XVIII
             .
             Of
             the
             Court
             of
             Chancery
             .
          
           
             IT
             often
             befals
             in
             State-affairs
             ,
             that
             extraordinary
             exigencies
             require
             extraordinary
             remedies
             ,
             which
             having
             once
             gotten
             footing
             ,
             are
             not
             easily
             laid
             aside
             ,
             especially
             if
             they
             be
             expedient
             for
             Prerogative
             .
             The
             
               Privy
               Council
            
             in
             the
             Star-chamber
             pretends
             default
             of
             the
             Common-Law
             ,
             both
             in
             speed
             and
             severity
             ,
             in
             Cases
             whereby
             the
             State
             is
             endangered
             :
             The
             Chancery
             pretends
             default
             by
             the
             Common-Law
             in
             point
             of
             equity
             and
             moderation
             .
             The
             people
             taken
             with
             these
             pretences
             make
             that
             Rod
             more
             heavy
             ,
             which
             themselves
             had
             already
             complained
             of
             .
             What
             the
             Chancery
             was
             in
             times
             past
             hath
             been
             already
             shewed
             ;
             still
             it
             is
             in
             the
             growing
             and
             gaining
             hand
             .
          
           
             First
             ,
             
             In
             the
             Judicatory
             power
             it
             prevailed
             in
             relation
             to
             the
             Exchequer
             ;
             exercising
             a
             kind
             of
             power
             to
             survey
             the
             proceedings
             thereof
             ,
             in
             cases
             of
             Commissioners
             distrained
             to
             account
             for
             Commissions
             executed
             ,
             or
             not
             executed
             .
             For
             it
             was
             no
             easie
             matter
             to
             execute
             Commissions
             from
             the
             Exchequer
             in
             those
             times
             of
             parties
             ;
             nor
             were
             men
             willing
             with
             such
             unwelcome
             occasions
             between
             Friends
             and
             Neighbours
             ;
             and
             ,
             it
             may
             be
             ,
             they
             grew
             weary
             of
             embroiling
             themselves
             one
             against
             another
             ;
             and
             of
             being
             Instruments
             of
             the
             violent
             countermotions
             of
             Princes
             and
             great
             men
             .
          
           
             Secondly
             ,
             It
             gained
             also
             upon
             the
             Admiralty
             ,
             which
             by
             former
             Laws
             had
             Jurisdiction
             in
             all
             cases
             incident
             upon
             the
             great
             Sea.
             But
             now
             either
             through
             neglect
             of
             the
             Admiral
             ,
             or
             the
             evil
             of
             the
             Times
             ,
             occasioning
             Piracies
             to
             grow
             epidemical
             ,
             the
             ill
             government
             upon
             the
             Sea
             became
             dangerous
             to
             the
             State
             ,
             trenching
             upon
             the
             Truce
             made
             between
             this
             and
             other
             Nations
             .
          
           
             For
             a
             remedy
             whereof
             ,
             
             first
             
               Conservators
               of
               the
               Truce
            
             were
             setled
             in
             every
             Port
             ,
             who
             had
             power
             committed
             to
             them
             to
             punish
             Delinquents
             against
             the
             publick
             Truce
             ,
             both
             by
             Indictment
             at
             the
             Kings
             suit
             ;
             and
             according
             to
             the
             course
             of
             the
             Admiralty
             by
             complaint
             ,
             saving
             matters
             of
             death
             to
             the
             cognizance
             of
             the
             Admiral
             .
             But
             this
             was
             soon
             found
             defective
             ;
             for
             Justice
             done
             in
             the
             dark
             is
             many
             times
             more
             respective
             ,
             and
             
             less
             respected
             ;
             
             and
             therefore
             within
             a
             few
             years
             it
             is
             provided
             ,
             
               That
               Offenders
               against
               the
               Kings
               Truce
               upon
               the
               Sea
               ,
               or
               in
               any
               of
               the
               Ports
               ,
               shall
               be
               proceeded
               against
               in
               the
               Chancery
               before
               the
               Chancellor
            
             ;
             who
             hath
             power
             given
             him
             of
             calling
             to
             his
             assistance
             some
             of
             the
             Judges
             to
             execute
             the
             Statute
             of
             2
             H.
             5.
             foregoing
             ,
             
             by
             a
             handsome
             contrivance
             .
             For
             that
             Statute
             was
             once
             and
             again
             suspended
             ,
             
             for
             the
             rigour
             that
             was
             used
             by
             the
             former
             Conservators
             ,
             who
             being
             borderers
             upon
             the
             Sea
             ,
             for
             their
             own
             peace
             ,
             spared
             as
             few
             as
             they
             could
             ;
             which
             had
             so
             discouraged
             the
             Seamen
             ,
             that
             the
             Kingdom
             had
             been
             almost
             utterly
             bereaved
             of
             its
             strength
             at
             Sea.
             Nevertheless
             ,
             all
             this
             while
             ,
             these
             Laws
             were
             but
             penal
             ,
             and
             not
             remedial
             for
             the
             parties
             wronged
             :
             and
             therefore
             another
             Law
             is
             made
             to
             give
             the
             Chancellor
             and
             Judges
             power
             to
             make
             restitution
             and
             reparation
             .
             
          
           
             Thirdly
             ,
             The
             Chancery
             gained
             upon
             the
             
               Ecclesiastical
               Court.
            
             For
             whereas
             by
             the
             Canon
             the
             Church-men
             were
             to
             be
             judged
             by
             their
             Superiours
             ,
             according
             to
             Ecclesiastical
             and
             Ordinary
             Jurisdiction
             ;
             and
             the
             iniquity
             of
             the
             times
             was
             again
             returned
             to
             that
             height
             ,
             that
             Parents
             could
             not
             enjoy
             their
             own
             Children
             ,
             but
             the
             little
             ones
             were
             allured
             ,
             stoln
             away
             ,
             and
             detained
             in
             Cloisters
             ;
             nor
             did
             the
             Church-men
             afford
             remedy
             in
             such
             cases
             :
             
             A
             Law
             was
             made
             ,
             that
             upon
             complaint
             hereof
             made
             to
             the
             Chancellor
             ,
             the
             Provincial
             should
             be
             by
             him
             sent
             for
             ,
             and
             punished
             according
             to
             his
             discretion
             .
          
           
             Lastly
             ,
             The
             Chancery
             encroached
             upon
             the
             
               Common
               Law
            
             :
             For
             whereas
             the
             stirs
             between
             the
             two
             Houses
             of
             York
             and
             Lancaster
             began
             to
             rise
             ,
             men
             made
             their
             dwellings
             in
             places
             of
             security
             and
             strength
             ;
             Women
             likewise
             and
             other
             persons
             flying
             thither
             for
             refuge
             ;
             especially
             such
             of
             them
             as
             had
             most
             to
             lose
             ;
             these
             were
             ,
             contrary
             to
             the
             Law
             of
             common
             honesty
             ,
             urged
             to
             engage
             their
             Estates
             unto
             the
             desires
             of
             such
             to
             whom
             they
             had
             fled
             for
             refuge
             ;
             and
             sometimes
             compelled
             to
             marry
             ,
             before
             they
             could
             gain
             their
             liberty
             :
             
             It
             was
             now
             provided
             that
             all
             such
             complaints
             should
             be
             heard
             and
             determined
             by
             the
             Chancellor
             .
          
           
             Secondly
             ,
             
             As
             touching
             the
             Ministerial
             power
             of
             the
             Chancery
             ,
             this
             likewise
             was
             enlarged
             ,
             
             in
             making
             of
             Process
             to
             compel
             appearance
             in
             cases
             of
             forcible
             Entries
             ,
             
             Murders
             ,
             Manslaughters
             ,
             Robberies
             ,
             Batteries
             ,
             Assemblies
             in
             nature
             of
             Insurrections
             ,
             Riots
             ,
             and
             Plunder
             ,
             committed
             by
             Servants
             upon
             their
             Masters
             goods
             ,
             before
             their
             Masters
             death
             ,
             and
             suchlike
             offences
             now
             grown
             common
             ,
             and
             in
             need
             of
             sudden
             remedy
             .
          
           
             Thus
             as
             the
             work
             and
             power
             of
             the
             Chancery
             grew
             ,
             so
             did
             the
             place
             and
             person
             of
             the
             Chancellor
             grow
             more
             considerable
             ;
             raised
             now
             from
             being
             the
             
               Kings
               Secretary
            
             (
             for
             no
             better
             was
             he
             in
             former
             times
             )
             to
             be
             the
             
               Kingdoms
               Judge
            
             ;
             and
             of
             such
             trust
             ,
             that
             although
             the
             King
             might
             make
             election
             of
             his
             own
             Secretary
             ,
             yet
             the
             
               Parliament
               would
               first
               know
               and
               allow
               him
               that
               must
               be
               trusted
               with
               the
               power
               over
               the
               Estates
               of
               so
               many
               of
               the
               people
               ;
               And
               therefore
               did
               in
               these
               times
               both
               place
               and
               displace
               him
               as
               they
               saw
               expedient
               .
            
          
           
             In
             a
             word
             ,
             
             he
             is
             become
             the
             Kingdoms
             Darling
             ,
             and
             might
             be
             more
             bold
             with
             the
             Common
             Law
             than
             any
             of
             his
             Peers
             .
          
        
         
           
           
             CHAP.
             XIX
             .
             Of
             the
             Courts
             of
             Crown-Pleas
             ,
             and
             Common
             Law.
             
          
           
             AS
             the
             Chancery
             on
             the
             one
             side
             did
             swell
             and
             increase
             ,
             so
             was
             the
             Kings-bench
             in
             an
             ebb
             :
             the
             Council-Table
             in
             the
             Star-Chamber
             on
             the
             one
             side
             ,
             and
             the
             
             Itinerant-Courts
             in
             the
             Country
             intercepted
             ,
             and
             drew
             away
             much
             to
             their
             own
             shares
             ;
             making
             themselves
             fat
             ,
             the
             Kings-bench
             lean
             ,
             and
             the
             
               Rural
               Courts
            
             for
             Crown-Pleas
             almost
             to
             starve
             .
             The
             Crown-Pleas
             formerly
             had
             been
             determinable
             in
             the
             
               Kings-bench
               ,
               Gaol-delivery
               ,
               Oyer
            
             and
             Terminer
             ;
             and
             many
             of
             them
             by
             Justices
             of
             the
             Peace
             ,
             Coroners
             ,
             and
             Sheriff
             .
             The
             Gaol-delivery
             was
             afterwards
             united
             to
             the
             Judges
             of
             Assize
             ;
             and
             if
             one
             of
             them
             were
             a
             Clergy-man
             ,
             then
             to
             the
             other
             ,
             and
             chief
             men
             of
             the
             County
             .
             This
             was
             useful
             for
             the
             Publick
             ,
             but
             not
             beneficial
             for
             some
             men
             ;
             and
             therefore
             they
             laboured
             for
             Commissions
             ,
             especially
             directed
             to
             parties
             that
             they
             thought
             would
             partake
             :
             but
             these
             were
             found
             soon
             to
             be
             dangerous
             ,
             
             soon
             taken
             away
             ,
             and
             the
             
               Gaol
               delivery
            
             restored
             to
             the
             Judges
             of
             Assize
             ,
             as
             formerly
             .
             The
             Commissions
             of
             Oyer
             and
             Terminer
             were
             sued
             forth
             upon
             extraordinary
             Emergencies
             and
             Offences
             ,
             wherein
             the
             State
             was
             much
             concerned
             for
             speedy
             Execution
             .
             In
             former
             times
             ,
             both
             these
             and
             Gaol-deliveries
             were
             but
             rarely
             had
             ,
             and
             then
             granted
             unto
             some
             that
             perchance
             knew
             more
             of
             the
             Case
             ,
             than
             before-hand
             was
             meet
             to
             be
             known
             .
             Edward
             the
             Third
             amended
             this
             Errour
             ,
             and
             ordered
             that
             no
             Commissions
             of
             Oyer
             and
             Terminer
             should
             issue
             forth
             ,
             
             but
             unto
             Commissioners
             named
             by
             the
             Court
             ,
             and
             not
             by
             the
             party
             complaining
             .
             But
             the
             
               Judges
               of
               Assize
            
             are
             now
             on
             the
             growing
             hand
             ,
             both
             for
             Honour
             ,
             Use
             ,
             and
             Power
             ;
             the
             rather
             ,
             because
             their
             persons
             are
             of
             high
             repute
             in
             the
             Benches
             at
             Westminster
             ,
             which
             are
             the
             Master-pieces
             of
             Judicature
             ,
             and
             their
             Iters
             are
             constant
             and
             ordinary
             .
             Nevertheless
             ,
             the
             
               Judges
               of
               Assize
            
             ,
             though
             they
             have
             the
             Gaol-delivery
             annexed
             to
             them
             ,
             yet
             have
             they
             not
             that
             absolute
             power
             of
             the
             Kings-bench
             ;
             but
             are
             still
             under
             the
             rule
             of
             their
             Commission
             ,
             which
             is
             not
             alterable
             but
             Parliament
             ;
             and
             which
             by
             it
             was
             altered
             by
             way
             of
             adding
             new
             powers
             as
             new
             crimes
             arose
             ,
             that
             required
             the
             eye
             of
             the
             State
             to
             provide
             .
             And
             so
             the
             
               Judges
               of
               Assize
            
             by
             degrees
             grew
             to
             be
             the
             ordinary
             Administrators
             of
             Justice
             throughout
             the
             Kingdom
             ,
             yet
             holding
             still
             forth
             to
             them
             a
             limited
             power
             ,
             
             to
             hear
             and
             determine
             in
             some
             Cases
             ;
             but
             in
             others
             onely
             to
             enquire
             ,
             and
             certifie
             ,
             as
             in
             the
             case
             of
             
               false
               Returns
            
             by
             the
             Sheriff
             of
             
               persons
               elected
            
             for
             the
             Parliament
             .
             And
             also
             in
             cases
             concerning
             the
             
               Statutes
               of
               Labourers
            
             ,
             and
             
               unlawful
               Games
            
             and
             Pastimes
             ;
             in
             which
             case
             the
             Certificate
             is
             to
             be
             made
             to
             the
             Chancellor
             .
             
             And
             also
             in
             cases
             concerning
             Liveries
             ,
             
             contrary
             to
             the
             Statutes
             wherein
             the
             Certificate
             is
             to
             be
             made
             to
             the
             Kings-bench
             ;
             which
             power
             in
             this
             last
             case
             ,
             continued
             in
             that
             manner
             by
             the
             space
             of
             thirty
             years
             ;
             
             and
             then
             by
             another
             Statute
             they
             had
             the
             power
             to
             determine
             such
             cases
             before
             themselves
             .
             
             In
             like
             manner
             they
             had
             power
             to
             hear
             and
             determine
             cases
             of
             falshood
             ,
             in
             counterfeiting
             and
             corrupting
             of
             Money
             ,
             by
             washing
             ,
             clipping
             ,
             &c.
             
             And
             also
             defaults
             committed
             by
             Sheriffs
             ,
             Bayliffs
             ,
             and
             their
             Officers
             ,
             against
             the
             Statutes
             of
             
               Forcible
               Entries
            
             ,
             
             and
             of
             wearing
             of
             Liveries
             ,
             as
             aforesaid
             .
          
           
             These
             were
             signs
             of
             much
             confidence
             and
             trust
             in
             them
             ;
             and
             yet
             notwithstanding
             ,
             not
             in
             these
             ,
             nor
             in
             these
             ,
             were
             the
             
               Penalties
               by
               Fine
            
             left
             to
             
             the
             Arbitry
             of
             the
             Judges
             ;
             no
             nor
             to
             the
             Justices
             of
             the
             Kings-bench
             ,
             but
             were
             by
             the
             very
             Letter
             of
             the
             Law
             determined
             .
             
             Nor
             would
             the
             Parliament
             trust
             these
             men
             with
             doing
             Justice
             in
             the
             cases
             aforesaid
             ,
             in
             their
             own
             Counties
             where
             they
             dwelled
             ;
             nor
             did
             it
             think
             expedient
             to
             allow
             the
             Chief
             Justice
             of
             the
             King-bench
             unto
             that
             service
             in
             any
             of
             them
             all
             ,
             but
             onely
             once
             in
             the
             County
             of
             Lancaster
             ,
             and
             then
             onely
             at
             the
             King's
             pleasure
             .
             Otherwise
             it
             was
             to
             be
             as
             was
             used
             by
             the
             space
             of
             one
             hundred
             years
             foregoing
             ;
             
             possibly
             because
             his
             power
             was
             too
             great
             to
             be
             trusted
             amongst
             the
             people
             .
             
          
           
             Lastly
             ,
             
             the
             Judges
             of
             
               Nisi
               Prius
            
             were
             anciently
             made
             by
             Edward
             the
             First
             ,
             by
             whom
             also
             the
             Assizes
             were
             settled
             at
             certain
             times
             of
             the
             year
             ;
             and
             afterwards
             by
             the
             Statute
             of
             York
             ,
             
             the
             
               Nisi
               Prius
            
             in
             smaller
             cases
             was
             granted
             before
             one
             Justice
             of
             the
             Bench
             where
             the
             Plea
             dependeth
             ,
             and
             one
             substantial
             man
             of
             the
             County
             ;
             but
             those
             of
             greater
             concernment
             were
             to
             be
             had
             before
             two
             Justices
             of
             that
             Bench
             ;
             or
             in
             case
             they
             were
             wanting
             ,
             
             then
             before
             Justices
             of
             the
             other
             Bench
             ;
             or
             in
             default
             of
             them
             ,
             before
             the
             chief
             Baron
             ,
             if
             he
             were
             a
             man
             of
             Law
             ;
             and
             in
             default
             of
             that
             ,
             before
             the
             Judges
             of
             Assize
             .
             Therefore
             in
             those
             days
             the
             Justices
             of
             the
             Benches
             in
             their
             Iters
             in
             the
             Counties
             ,
             were
             divided
             in
             their
             power
             ;
             some
             being
             for
             Assizes
             ,
             others
             for
             
               Nisi
               Prius
            
             ;
             and
             in
             some
             times
             and
             cases
             ,
             some
             were
             for
             both
             .
             For
             in
             those
             times
             of
             Edward
             the
             Third
             ,
             Judges
             of
             Assize
             had
             power
             to
             enquire
             in
             some
             matters
             that
             concerned
             the
             Crown
             ,
             
             or
             to
             try
             
               Nisi
               Prius
            
             .
             Nor
             were
             these
             powers
             united
             ,
             till
             in
             Henry
             the
             Sixth's
             time
             ,
             Justices
             of
             
               Nisi
               Prius
            
             had
             the
             power
             of
             Oyer
             and
             Terminer
             annexed
             to
             them
             in
             all
             cases
             of
             Felony
             and
             Treason
             .
          
           
             What
             was
             formerly
             provided
             by
             Edward
             the
             Third
             ,
             and
             Richard
             the
             Second
             ,
             
             for
             instruction
             to
             these
             Judges
             ,
             and
             to
             bind
             them
             thereto
             by
             solemn
             Oath
             ,
             
             I
             shall
             not
             particularly
             mention
             ,
             
             but
             shall
             leave
             the
             consideration
             of
             the
             Original
             of
             the
             whole
             Judicature
             of
             this
             Nation
             ,
             
             unto
             the
             Readers
             observation
             upon
             the
             premises
             .
             
          
        
         
           
             CHAP.
             XX.
             Concerning
             Sheriffs
             .
          
           
             HEnry
             the
             Fourth
             ,
             after
             a
             small
             rest
             in
             his
             Throne
             ,
             though
             he
             always
             sate
             loose
             ,
             sought
             after
             the
             civil
             Peace
             ,
             as
             the
             corner-stone
             of
             his
             subsistence
             ,
             and
             that
             by
             a
             way
             of
             Justice
             ;
             which
             found
             more
             acceptance
             with
             the
             Vulgar
             ,
             than
             the
             common
             Education
             of
             the
             greater
             number
             in
             these
             times
             could
             promise
             :
             for
             the
             worst
             of
             men
             cannot
             endure
             to
             suffer
             Injustice
             ,
             though
             themselves
             will
             do
             it
             .
             Now
             because
             where
             Kings
             are
             reputed
             to
             be
             the
             Fountain
             and
             Life
             of
             Justice
             ,
             Sheriffs
             may
             be
             reputed
             to
             be
             the
             breath
             thereof
             ;
             and
             by
             their
             Irregularities
             do
             render
             the
             Government
             of
             the
             King
             as
             loathsome
             ,
             as
             unsavoury
             breath
             doth
             the
             person
             whose
             it
             is
             :
             Therefore
             Henry
             the
             Fourth
             chose
             rather
             to
             be
             a
             loser
             in
             his
             Farm●●ts
             of
             the
             Sheriff-wicks
             ,
             than
             to
             occasion
             the
             Sheriffs
             to
             save
             their
             bargains
             by
             oppression
             .
             
             And
             to
             this
             end
             he
             took
             away
             the
             course
             of
             farming
             of
             Sheriff-wicks
             ,
             and
             made
             the
             Sheriffs
             bare
             accountants
             for
             the
             Annual
             profits
             ;
             
             and
             as
             touching
             the
             casual
             profits
             ,
             the
             Sheriff
             discharged
             himself
             upon
             Oath
             .
             This
             was
             a
             good
             security
             to
             the
             King
             ;
             but
             yet
             the
             People
             was
             not
             herewith
             satisfied
             :
             For
             though
             the
             Sheriffs
             might
             not
             take
             to
             
             Farm
             ,
             yet
             what
             they
             had
             ,
             they
             might
             let
             to
             Farm
             ;
             and
             then
             wherein
             are
             the
             people
             the
             better
             for
             these
             Laws
             ?
             seeing
             it
             is
             all
             one
             for
             them
             ,
             to
             be
             oppressed
             by
             the
             Sheriff
             immediately
             ,
             as
             by
             the
             Proxy
             .
          
           
             For
             preventing
             of
             this
             inconvenience
             ,
             
             another
             Law
             is
             made
             ,
             
               That
               the
               Sheriff
               shall
               not
               let
               his
               Bailywick
               to
               Farm
               ,
               nor
               be
               Non-resident
               ;
               and
               to
               this
               he
               must
               bind
               himself
               by
               Oath
               .
            
             So
             as
             now
             the
             Sheriff
             is
             double
             girt
             ,
             and
             may
             be
             fairly
             ridden
             ,
             without
             danger
             to
             the
             King
             or
             People
             .
             But
             men
             ride
             Horses
             for
             ease
             and
             pleasure
             ;
             and
             he
             that
             must
             bend
             his
             mind
             always
             to
             watch
             his
             Horses
             motion
             ,
             will
             chuse
             rather
             to
             go
             on
             foot
             .
             And
             therefore
             Henry
             the
             Fifth
             renewed
             the
             Law
             of
             Richard
             the
             Second
             ,
             
             that
             Sheriffs
             shall
             be
             but
             for
             one
             year
             ;
             and
             then
             not
             to
             be
             chosen
             again
             ,
             nor
             serve
             for
             three
             years
             next
             following
             .
             This
             Order
             continued
             for
             the
             space
             of
             eight
             years
             ;
             within
             which
             time
             ,
             
             War
             and
             Pestilence
             had
             consumed
             so
             many
             of
             the
             richer
             sort
             of
             people
             ,
             that
             a
             Dispensation
             is
             granted
             ,
             that
             Sheriffs
             may
             continue
             in
             their
             places
             for
             four
             years
             .
             And
             it
             was
             above
             twenty
             years
             after
             ,
             e're
             the
             Stock
             was
             recruited
             again
             ;
             after
             which
             time
             the
             substance
             of
             the
             former
             Statutes
             of
             Edward
             the
             Third
             ,
             
             Richard
             the
             Second
             ,
             and
             1
             Henry
             the
             Fifth
             ,
             is
             revived
             again
             ;
             with
             a
             penalty
             upon
             the
             Sheriff
             ,
             his
             Deputy
             ,
             or
             Clerk
             ,
             that
             shall
             execute
             that
             place
             above
             one
             year
             .
             So
             the
             custom
             of
             holding
             that
             Office
             ten
             or
             twelve
             years
             ,
             by
             occasion
             of
             the
             Dispensation
             for
             four
             years
             ,
             was
             laid
             aside
             .
             But
             the
             Cure
             would
             never
             be
             perfect
             ,
             so
             long
             as
             Sheriffs
             held
             by
             Inheritance
             :
             for
             it
             was
             easie
             to
             find
             
               new
               Deputies
            
             ,
             but
             not
             to
             lay
             down
             old
             Customs
             ;
             nor
             could
             it
             be
             lasting
             ,
             unless
             the
             penalties
             also
             had
             been
             annexed
             to
             the
             particular
             Crimes
             .
          
           
             For
             a
             Sheriff
             ,
             before
             he
             is
             a
             year
             old
             ,
             by
             experience
             formerly
             had
             ,
             becomes
             too
             cunning
             for
             all
             these
             Laws
             ;
             
             and
             therefore
             Laws
             are
             made
             also
             against
             the
             ordinary
             corruption
             of
             these
             places
             ;
             such
             as
             are
             extorting
             of
             Fees
             ,
             
             false
             making
             of
             Juries
             ,
             false
             returns
             of
             
               Writs
               ,
               &c.
            
             and
             damages
             in
             such
             cases
             given
             to
             the
             party
             wronged
             :
             
             and
             when
             all
             is
             done
             ,
             he
             is
             not
             trusted
             with
             taking
             of
             Indictments
             .
             
             Thus
             ,
             with
             much
             ado
             ,
             a
             Sheriff
             is
             made
             a
             tolerable
             Officer
             ;
             and
             his
             place
             by
             degrees
             so
             hedged
             in
             ,
             that
             what
             was
             in
             former
             times
             hard
             to
             pluck
             up
             ,
             is
             now
             become
             hard
             to
             set
             .
          
        
         
           
             CHAP.
             XXI
             .
             Of
             Justices
             and
             Laws
             concerning
             the
             Peace
             .
          
           
             THE
             faint
             Title
             of
             Henry
             the
             Fourth
             to
             the
             Crown
             ,
             made
             him
             ever
             tender
             of
             the
             Civil
             Peace
             ;
             without
             breach
             whereof
             ,
             he
             was
             sure
             to
             be
             quiet
             in
             the
             Throne
             .
             He
             undertook
             not
             this
             work
             by
             any
             superlative
             power
             from
             and
             by
             himself
             ,
             but
             useth
             the
             help
             of
             the
             Parliament
             and
             Laws
             ;
             wherein
             he
             was
             industrious
             ;
             pretending
             love
             of
             Unity
             amongst
             his
             people
             ,
             which
             nevertheless
             he
             liked
             not
             ,
             unless
             in
             order
             to
             quiet
             between
             himself
             and
             them
             .
             
             The
             former
             way
             of
             
               Justices
               of
               Peace
            
             he
             followed
             close
             ,
             
             reducing
             the
             persons
             to
             their
             ancient
             qualifications
             .
             
               The
               most
               sufficient
               persons
               ,
               Inhabitants
               in
               the
               County
               ,
               worth
               at
               least
               twenty
               pound
               yearly
               ,
               unless
               they
               be
               Lawyers
               ,
            
             
             
               or
               such
               as
               are
               Justices
               in
               Corporations
               .
            
             Nor
             is
             the
             King
             troubled
             or
             trusted
             with
             the
             naming
             or
             electing
             of
             these
             men
             ,
             but
             the
             Chancellor
             ,
             or
             the
             Kings
             Council
             ;
             so
             as
             now
             by
             Law
             the
             King
             can
             neither
             be
             Justice
             ,
             nor
             make
             Justice
             
               Jure
               proprio
            
             ,
             but
             as
             his
             interest
             with
             the
             Council
             is
             more
             or
             less
             prevalent
             :
             and
             that
             power
             that
             first
             gave
             it
             to
             
             the
             Crown
             ,
             the
             same
             power
             took
             it
             away
             ,
             or
             imparted
             ,
             and
             placed
             it
             else
             where
             .
             
             But
             as
             touching
             the
             Work
             or
             Power
             of
             the
             Justices
             themselves
             ,
             it
             grew
             exceedingly
             ;
             much
             whereof
             was
             only
             of
             enquiry
             ,
             and
             to
             make
             Certificates
             ,
             
             as
             of
             Heresie
             ,
             
             Treason
             ,
             Falshood
             of
             Sheriffs
             ,
             &c.
             
             But
             more
             of
             Oyer
             and
             Terminer
             ,
             
             as
             in
             case
             of
             Watches
             ,
             deceitfulness
             in
             Trades
             ;
             as
             of
             making
             Arrow-heads
             ,
             guilding
             of
             Metal
             ,
             
             tanning
             of
             Leather
             ,
             imbasing
             of
             Silver
             ,
             selling
             of
             Waxen
             Images
             and
             Pictures
             ,
             
             &c.
             
             For
             the
             superstition
             of
             these
             times
             was
             such
             ,
             as
             these
             petty
             Gods
             were
             not
             set
             at
             so
             high
             a
             price
             by
             the
             Seller
             ,
             but
             a
             higher
             price
             by
             the
             Buyer
             .
             The
             Parliament
             therefore
             set
             a
             true
             value
             of
             them
             ,
             
               viz.
               For
               the
               Wax
               ,
               so
               much
               as
               the
               Wax
               is
               worth
               by
               weight
               ,
            
             and
             but
             
               four
               pence
               for
               the
               godhead
            
             :
             So
             as
             it
             seems
             the
             Parliament
             was
             not
             very
             superstitious
             in
             their
             House
             ,
             whatever
             they
             were
             at
             Church
             .
             Furthermore
             ,
             the
             
               Justices
               of
               the
               Peace
            
             had
             power
             to
             punish
             deceit
             in
             Measures
             ,
             Weights
             ,
             
             Forcible
             Entries
             ,
             and
             Detainers
             .
             In
             many
             of
             which
             cases
             ,
             the
             penalty
             being
             Fine
             and
             Imprisonment
             ,
             
             became
             a
             snare
             to
             many
             of
             the
             Justices
             ,
             
             especially
             such
             as
             were
             of
             the
             greater
             and
             higher
             rank
             ,
             who
             having
             Castles
             of
             their
             own
             ,
             
             under
             colour
             of
             Justice
             imprisoned
             Delinquents
             in
             their
             own
             Castles
             ,
             
             and
             ransomed
             them
             at
             their
             own
             pleasure
             ;
             which
             proved
             a
             great
             oppression
             to
             the
             people
             ,
             
             and
             occasioned
             a
             Law
             ,
             that
             
               no
               Justice
               should
               commit
               any
               Delinquent
               to
               other
               than
               the
               County-Gaol
               ,
               saving
               Franchises
               to
               the
               Lords
               .
            
             
             Those
             times
             are
             happy
             ,
             when
             Justice
             waits
             not
             altogether
             at
             Court
             ,
             but
             grows
             up
             in
             the
             Fields
             ;
             and
             
               Justices
               of
               Peace
            
             ,
             as
             the
             Kings
             Arms
             upon
             the
             Royal
             Mace
             ,
             are
             terrible
             onely
             to
             the
             bad
             ;
             and
             not
             as
             they
             are
             pictured
             before
             an
             Ale-house-door
             ,
             to
             invite
             men
             to
             transgress
             .
          
           
             The
             Laws
             for
             the
             preservation
             of
             the
             peace
             ,
             concern
             either
             punishment
             of
             Crimes
             committed
             ,
             or
             prevention
             of
             them
             from
             being
             committed
             .
             There
             is
             a
             succession
             of
             crimes
             ,
             as
             of
             Men
             and
             Ages
             ;
             because
             the
             Scripture
             tells
             us
             ,
             that
             
               the
               hearts
               of
               all
               are
               fashioned
               alike
            
             ;
             yet
             it
             is
             with
             generations
             as
             with
             men
             ,
             some
             incline
             to
             some
             crimes
             more
             than
             other
             ;
             and
             that
             is
             the
             reason
             that
             the
             title
             Treason
             ,
             sometimes
             is
             set
             forth
             in
             Folio
             ,
             sometimes
             in
             a
             lesser
             Volume
             .
             It
             is
             evident
             is
             Story
             ,
             that
             the
             violent
             times
             of
             Richard
             the
             Second
             ,
             had
             raised
             the
             value
             of
             that
             ,
             amongst
             other
             offences
             ,
             above
             measure
             ;
             not
             long
             before
             his
             time
             ,
             his
             Father
             had
             reduced
             that
             wild
             notion
             of
             Treason
             to
             a
             certain
             rule
             ,
             that
             formerly
             wandred
             in
             a
             Wilderness
             of
             opinions
             .
             But
             Henry
             the
             Fourth
             ,
             either
             to
             save
             his
             own
             stake
             ,
             or
             to
             take
             the
             people
             ,
             or
             both
             ,
             reduced
             it
             again
             to
             the
             Statute-rule
             of
             Edward
             the
             Third
             ,
             
             and
             made
             void
             that
             Statute
             of
             his
             Predecessors
             ;
             which
             had
             made
             a
             former
             Act
             of
             Parliament
             ,
             and
             all
             the
             service
             thereby
             done
             ,
             Treason
             .
             The
             Dimensions
             of
             Treason
             thus
             clearly
             limned
             and
             declared
             ,
             taught
             ill-disposed
             minds
             to
             keep
             out
             of
             the
             Letter
             ,
             and
             yet
             to
             be
             bold
             with
             the
             Scene
             :
             Counterfeit
             Money
             they
             durst
             not
             ;
             yet
             to
             diminish
             the
             same
             ,
             they
             thought
             came
             not
             within
             the
             Circle
             ;
             and
             so
             it
             became
             a
             common
             grievance
             ,
             
             till
             a
             Law
             was
             made
             ,
             
               That
               all
               purposed
               impairing
               of
               Money
               should
               be
               Treason
               .
               And
               so
               the
               Parliament
               held
               forth
               to
               all
               men
               ,
               that
               they
               had
               a
               power
               to
               declare
               Treason
               ,
               without
               the
               bounds
               of
               the
               Statute
               of
            
             Edward
             
               the
               Third
               .
               The
               like
               power
               it
               held
               forth
               in
               the
               time
               of
            
             Henry
             
               the
               Sixth
            
             ;
             for
             men
             knew
             that
             Burglary
             and
             Robbery
             were
             mortal
             crimes
             ,
             they
             would
             no
             more
             of
             that
             ;
             now
             they
             devise
             a
             way
             to
             spoil
             ,
             and
             prey
             for
             themselves
             ,
             and
             yet
             neither
             to
             rob
             ,
             nor
             break
             House
             .
             To
             this
             end
             they
             would
             scatter
             little
             Scrolls
             in
             writing
             ,
             requiring
             the
             party
             that
             they
             intended
             to
             prey
             upon
             ,
             to
             leave
             so
             much
             money
             upon
             such
             a
             day
             ,
             at
             such
             a
             place
             ;
             
             and
             this
             was
             
               Sub
               poena
            
             of
             burning
             the
             parties
             House
             and
             Goods
             :
             
             which
             many
             times
             did
             ensue
             upon
             default
             made
             .
             
               This
               practice
               was
               at
               once
               made
               Treason
               ,
               to
               prevent
               the
               growth
               of
               such
               an
               evil
               .
            
             And
             the
             like
             was
             done
             with
             Robberies
             and
             Manslaughters
             ,
             
             contrary
             to
             the
             Kings
             Truce
             and
             safe-conduct
             .
          
           
             As
             many
             or
             more
             new
             Felonies
             were
             also
             now
             created
             .
          
           
             One
             was
             the
             
               cutting
               out
               of
               mens
               Tongues
            
             ;
             
             and
             
               plucking
               out
               of
               Eyes
            
             ;
             a
             strange
             cruelty
             !
             And
             that
             shewed
             the
             extream
             savageness
             of
             those
             times
             ;
             so
             much
             the
             more
             intolerable
             ,
             by
             how
             much
             the
             poor
             tortured
             creature
             could
             hardly
             be
             either
             Eye
             or
             Ear-Witness
             of
             the
             truth
             of
             his
             own
             wrong
             .
          
           
             A
             second
             Felony
             was
             ,
             
             the
             customary
             of
             carrying
             of
             Wool
             ,
             or
             Wool-fells
             out
             of
             the
             Realm
             ,
             to
             other
             places
             ;
             except
             Calis
             .
          
           
             Another
             Felony
             concerneth
             Souldiers
             ,
             which
             I
             refer
             over
             to
             the
             next
             Chapter
             .
          
           
             The
             last
             was
             ,
             
             Servants
             plundering
             their
             Masters
             Goods
             ,
             and
             absenting
             themselves
             :
             if
             upon
             Proclamation
             made
             ,
             they
             appear
             not
             ,
             this
             was
             also
             made
             Felony
             .
          
           
             In
             the
             next
             place
             ,
             as
             touching
             
               Forcible
               Entries
            
             ,
             and
             Riots
             ,
             the
             remedies
             so
             often
             inculcated
             ,
             and
             new
             dressed
             ,
             shew
             plainly
             the
             nature
             of
             the
             times
             .
             These
             kind
             of
             crimes
             commonly
             are
             as
             the
             light
             Skirmishes
             in
             the
             beginning
             of
             a
             War
             ,
             and
             follow
             in
             the
             Conclusion
             also
             ,
             as
             the
             faintings
             of
             a
             Battle
             fought
             till
             both
             sides
             be
             weary
             .
          
           
             I
             shall
             not
             enter
             into
             each
             particular
             Statute
             ,
             divers
             of
             them
             being
             little
             other
             than
             as
             asseverations
             annexed
             to
             a
             Sentence
             ;
             to
             add
             credit
             ,
             and
             stir
             up
             minding
             in
             men
             ,
             that
             otherwise
             would
             soon
             forget
             what
             is
             said
             or
             done
             .
             The
             remedies
             formerly
             propounded
             ,
             are
             now
             resined
             ,
             and
             made
             more
             effectual
             .
          
           
             First
             ,
             In
             regard
             of
             speed
             ,
             which
             is
             as
             necessary
             in
             these
             forces
             ,
             as
             the
             stopping
             of
             the
             breaches
             of
             Waters
             in
             the
             first
             act
             ;
             and
             therefore
             one
             
               Justice
               of
               the
               Peace
            
             may
             proceed
             upon
             a
             
               holder
               by
               force
            
             ,
             or
             breaker
             of
             the
             Peace
             ,
             
             with
             a
             Continuando
             :
             but
             Riots
             are
             looked
             upon
             as
             more
             dangerous
             ;
             and
             the
             first
             opposition
             had
             need
             be
             more
             stiff
             ,
             lest
             being
             uneffectual
             ,
             it
             aggravate
             the
             violence
             ;
             and
             therefore
             it
             is
             required
             that
             two
             Justices
             and
             the
             Sheriff
             should
             joyn
             in
             the
             work
             ,
             to
             carry
             on
             the
             work
             with
             more
             Authority
             and
             Power
             .
             And
             what
             they
             cannot
             do
             in
             the
             punitive
             part
             ,
             they
             must
             certifie
             to
             the
             King
             and
             his
             Council
             ,
             or
             to
             the
             Kings
             Bench
             ,
             
             if
             Traverse
             be
             made
             .
             So
             as
             though
             the
             power
             of
             the
             County
             be
             annexed
             to
             the
             Sheriff
             
               Jure
               ordinario
            
             to
             maintain
             the
             Peace
             ,
             
             yet
             the
             Parliament
             did
             delegate
             the
             same
             upon
             Justices
             ,
             as
             it
             thought
             most
             expedient
             .
          
           
             To
             maintain
             and
             recover
             the
             Peace
             when
             it
             is
             broken
             ,
             shews
             more
             Power
             ;
             but
             to
             prevent
             the
             breach
             ,
             shews
             more
             Wisdom
             ;
             and
             therefore
             to
             all
             the
             rest
             ,
             the
             Wisdom
             of
             these
             Times
             provideth
             carefully
             .
          
           
             First
             ,
             For
             Guards
             and
             Watches
             ,
             according
             to
             the
             Statute
             at
             Wint.
             and
             committed
             the
             care
             thereof
             to
             the
             Justices
             of
             the
             Peace
             .
          
           
             And
             Secondly
             ,
             
             Against
             the
             gendring
             of
             parties
             ;
             for
             it
             is
             commonly
             seen
             ,
             that
             such
             as
             the
             admired
             for
             excellencies
             of
             person
             ,
             are
             so
             far
             idolized
             of
             some
             ,
             as
             that
             their
             Gestures
             ,
             Actions
             ,
             and
             Opinions
             are
             observed
             :
             Tokens
             of
             favour
             (
             though
             never
             so
             small
             )
             are
             desired
             from
             such
             ;
             and
             the
             Idol
             likes
             it
             well
             ;
             gives
             Points
             ,
             Ribbons
             ,
             it
             may
             be
             Hats
             ;
             and
             with
             these
             ,
             men
             are
             soon
             gained
             to
             be
             Servants
             in
             the
             fashion
             ,
             and
             not
             
             long
             after
             to
             be
             Servants
             in
             Action
             ,
             be
             it
             War
             ,
             or
             Treason
             ,
             or
             any
             other
             way
             .
             This
             manner
             of
             cheat
             ,
             the
             former
             times
             had
             been
             too
             well
             acquainted
             with
             ;
             Knights
             and
             Esquires
             ,
             are
             not
             to
             be
             feared
             in
             times
             where
             the
             word
             Lord
             carries
             the
             wonderment
             away
             ;
             their
             offences
             against
             the
             Statutes
             of
             Liveries
             ,
             are
             all
             great
             ,
             though
             in
             themselves
             never
             so
             small
             ;
             and
             therefore
             are
             sure
             of
             Fine
             ,
             
             and
             Ransome
             ;
             and
             it
             is
             well
             if
             they
             escape
             a
             years
             imprisonment
             without
             Bail
             or
             Mainprize
             .
             
             Lords
             may
             wear
             the
             
               King
               Livery
            
             ,
             but
             may
             give
             none
             .
             Knights
             and
             Esquires
             may
             wear
             the
             
               Kings
               Livery
            
             in
             their
             attendance
             upon
             his
             person
             ,
             but
             not
             in
             the
             Country
             .
             The
             King
             and
             ●●ince
             may
             give
             Liveries
             to
             Lords
             ,
             
             and
             menial
             Servants
             .
             The
             sum
             is
             ,
             that
             Liveries
             may
             be
             given
             by
             the
             more
             publick
             persons
             ,
             for
             state
             ,
             not
             to
             make
             parties
             ;
             and
             men
             may
             wear
             Liveries
             in
             token
             of
             Service
             in
             Peace
             ,
             and
             not
             in
             Arms.
             
          
           
             One
             thing
             must
             be
             added
             to
             all
             ,
             which
             may
             concern
             Trial
             in
             all
             ,
             
               Viz.
               A
               Law
               was
               made
               ,
               that
               Noble
               Ladies
               shall
               be
               tried
               by
               their
               Peers
               .
            
             
             A
             Law
             now
             of
             the
             first
             stamp
             ;
             and
             strange
             it
             is
             ,
             that
             it
             never
             came
             before
             now
             into
             the
             breast
             of
             the
             Law
             ;
             but
             that
             it
             came
             now
             ,
             it
             is
             not
             strange
             .
             No
             meaner
             person
             than
             the
             Dutchess
             of
             Gloucester
             is
             first
             charged
             with
             Treason
             ;
             when
             that
             could
             not
             appear
             ,
             then
             for
             Necromancy
             ;
             very
             fitly
             ,
             that
             she
             might
             be
             tried
             by
             the
             Ecclesiastical
             way
             of
             Witnesses
             .
             She
             is
             found
             guilty
             ,
             and
             a
             Sentance
             of
             Penance
             ▪
             and
             Imprisonment
             ,
             or
             Banishment
             passed
             thereupon
             ;
             after
             such
             a
             wild
             way
             ,
             as
             both
             Nobles
             and
             Commons
             passed
             this
             Law
             ,
             for
             the
             vindication
             of
             that
             noble
             Sex
             from
             such
             hudling
             Trials
             for
             the
             future
             .
          
        
         
           
             CHAP.
             XXII
             .
             Of
             the
             Militia
             during
             these
             times
             .
          
           
             THe
             Title
             of
             Henry
             the
             Fourth
             to
             the
             Crown
             ,
             was
             maintained
             principally
             by
             his
             Tenures
             ,
             which
             the
             Courtiers
             call
             
               Knight
               service
            
             ;
             but
             the
             Common
             people
             ,
             
               force
               of
               Arms
            
             :
             And
             that
             which
             destroyed
             many
             a
             man
             ,
             was
             the
             principal
             means
             of
             his
             subsistence
             .
             Otherwise
             it
             is
             clear
             ,
             that
             his
             Title
             was
             stark
             naught
             ;
             nor
             could
             he
             outface
             
             Mortimer's
             Title
             ,
             without
             a
             naked
             Sword
             ,
             which
             he
             used
             warily
             :
             for
             he
             had
             Enemies
             enough
             to
             keep
             his
             Sword
             in
             hand
             ;
             and
             Friends
             enough
             to
             keep
             it
             from
             striking
             at
             random
             .
             For
             coming
             in
             by
             the
             peoples
             favour
             ,
             he
             was
             obliged
             to
             be
             rather
             remiss
             than
             rigorous
             :
             yet
             his
             manner
             of
             coming
             was
             by
             the
             Sword
             ,
             and
             that
             occasioneth
             men
             much
             to
             debate
             about
             his
             absolute
             power
             in
             the
             Militia
             ,
             as
             supposing
             that
             what
             power
             he
             had
             ,
             other
             Kings
             may
             
               De
               jure
            
             challenge
             the
             same
             .
             And
             let
             that
             be
             taken
             for
             granted
             ,
             though
             it
             will
             not
             necessarily
             follow
             in
             true
             reasoning
             :
             And
             let
             it
             also
             be
             taken
             for
             good
             ,
             That
             Henry
             
               the
               Fourth
               entred
               the
               Throne
               by
               his
               Sword
            
             ;
             yet
             is
             there
             not
             any
             Monument
             in
             Story
             or
             Antiquity
             ,
             that
             favoureth
             any
             absolute
             right
             in
             him
             over
             the
             Militia
             ;
             but
             the
             current
             is
             ,
             I
             think
             ,
             somewhat
             clear
             against
             it
             .
          
           
             First
             ,
             Because
             Henry
             the
             Fourth
             ,
             
               De
               jure
            
             ,
             could
             not
             compel
             men
             to
             serve
             beyond
             the
             Seas
             ,
             but
             raised
             them
             by
             contract
             ;
             and
             therefore
             by
             Act
             of
             Parliament
             ,
             
             he
             did
             confirm
             the
             Statute
             1
             
               Edw.
               3.
               
               Stat.
               2.
               cap.
            
             5.
             which
             Statute
             was
             purposely
             made
             to
             that
             end
             .
             And
             the
             same
             also
             is
             countenanced
             
             by
             another
             Statute
             made
             in
             these
             times
             ,
             
             whereof
             we
             now
             Treat
             ;
             by
             the
             words
             whereof
             appeareth
             ,
             that
             the
             Souldiers
             for
             the
             Foreign
             Service
             were
             levied
             by
             Contract
             between
             them
             and
             the
             Captain
             ,
             who
             undertook
             to
             levy
             them
             by
             Wage
             ;
             so
             as
             none
             were
             then
             compelled
             to
             enter
             into
             Service
             by
             Imprest
             ,
             or
             absolute
             Command
             .
             Nor
             is
             there
             any
             Authority
             amongst
             all
             those
             cited
             in
             
             Calvin's
             Case
             ,
             that
             doth
             mention
             any
             such
             thing
             ;
             
             but
             contrarily
             ,
             that
             Opinion
             of
             Thirning
             is
             express
             ,
             
               That
               the
               King
               cannot
               send
               men
               beyond
               Seas
               to
               Wars
               without
               Wages
            
             ;
             and
             therefore
             no
             man
             is
             bound
             to
             any
             such
             service
             ,
             by
             any
             
               absolute
               Legiance
            
             ,
             as
             the
             Reporter
             would
             understand
             the
             point
             :
             but
             if
             he
             receiveth
             Wages
             thereto
             ,
             he
             by
             that
             Contract
             binds
             himself
             .
          
           
             Secondly
             ,
             It
             seemeth
             also
             to
             be
             granted
             ,
             that
             such
             as
             went
             voluntarily
             in
             the
             Kings
             Service
             ,
             ever
             had
             the
             Kings
             Pray
             ,
             after
             they
             were
             out
             of
             their
             Counties
             ,
             if
             the
             King
             ruled
             by
             his
             Laws
             .
             For
             by
             the
             Statute
             formerly
             mentioned
             ,
             the
             King
             did
             likewise
             confirm
             the
             Statute
             of
             18
             
               Edw.
               3.
               
               Stat.
               2.
               cap.
            
             7.
             which
             is
             express
             in
             that
             point
             ;
             and
             the
             matter
             in
             fact
             also
             is
             evident
             upon
             the
             Records
             .
          
           
             Thirdly
             ,
             Touching
             the
             arming
             of
             those
             that
             were
             thus
             levied
             ,
             as
             there
             was
             a
             certain
             Law
             ,
             by
             which
             all
             men
             were
             assessed
             to
             certain
             Arms
             ,
             either
             by
             the
             Service
             and
             Tenure
             of
             their
             Lands
             ,
             or
             by
             Parliament
             ;
             for
             such
             as
             were
             not
             bound
             to
             find
             sufficient
             Arms
             by
             their
             Tenure
             ,
             according
             as
             is
             contained
             in
             the
             Statute
             25
             
               Edw.
               3.
               
               Stat.
               5.
               cap.
            
             8.
             
             
             So
             did
             Henry
             the
             Fourth
             ,
             by
             the
             Statute
             formerly
             mentioned
             to
             be
             made
             in
             his
             time
             ,
             confirm
             that
             Law
             of
             Edward
             the
             Third
             .
             In
             the
             argument
             of
             
             Calvin's
             case
             it
             is
             much
             insisted
             upon
             ,
             to
             prove
             the
             Legiance
             of
             an
             
               English
               man
            
             to
             the
             King
             ,
             to
             be
             
               absolute
               ,
               because
               he
               hath
               power
               to
               send
               men
               to
               War
               at
               his
               pleasure
               ;
               and
               he
               hath
               the
               onely
               power
               to
               make
               War
               ;
               and
               if
               so
               ,
               then
               hath
               he
               absolute
               power
               in
               the
               Militia
               .
            
             As
             touching
             the
             power
             of
             sending
             men
             to
             War
             ,
             hath
             been
             already
             spoken
             ;
             but
             as
             touching
             the
             power
             to
             make
             War
             ,
             there
             is
             no
             doubt
             ,
             
             but
             where
             a
             King
             hath
             made
             a
             League
             with
             another
             King
             ,
             he
             onely
             can
             break
             that
             League
             ,
             and
             so
             make
             War
             ;
             and
             that
             Opinion
             of
             Brian
             must
             be
             agreed
             for
             good
             in
             that
             sence
             .
             But
             if
             a
             League
             be
             made
             by
             Act
             of
             Parliament
             ,
             or
             if
             the
             King
             will
             have
             War
             ,
             and
             the
             Parliament
             will
             make
             a
             League
             without
             him
             ;
             no
             Authority
             doth
             in
             such
             case
             avouch
             ,
             that
             it
             is
             the
             right
             of
             the
             King
             ,
             or
             that
             he
             hath
             a
             legal
             power
             to
             break
             that
             League
             as
             he
             pleaseth
             .
             Neither
             in
             the
             next
             place
             ,
             
               hath
               the
               King
               any
               Right
               or
               legal
               Power
               to
               make
               War
               with
               his
               own
               Subjects
               as
               he
               pleaseth
               ,
               but
               is
               bound
               to
               maintain
               the
               Peace
               ,
               not
               onely
               by
               his
               Oath
               at
               his
               Coronatiion
               ,
               but
               also
               by
               the
               Laws
               whereto
               he
               is
               bound
               ,
               if
               he
               will
               reign
               in
               right
               of
               an
               English
               King.
            
             For
             every
             man
             knoweth
             that
             the
             grounds
             of
             the
             Statutes
             of
             wearing
             of
             Liveries
             ,
             was
             for
             the
             maintaining
             of
             the
             publick
             Peace
             .
             And
             Henry
             the
             Fourth
             ,
             amongst
             other
             provisions
             made
             against
             that
             trick
             ,
             
             hath
             this
             ;
             
               That
               the
               King
               shall
               give
               onely
               his
               Honourable
               Livery
               to
               his
               Lords
               Temporal
               whom
               shall
               please
               him
               ,
               and
               to
               his
               Knights
               and
               Esquires
               menial
               ,
               and
               to
               his
               Knights
               and
               Esquires
               which
               be
               of
               his
               retinue
               ,
               and
               take
               of
               him
               their
               yearly
               Fee
               for
               term
               of
               Life
               ;
               and
               that
               no
               Yeoman
               shall
               take
               or
               wear
               any
               Livery
               of
               the
               King
               ,
               nor
               of
               none
               other
               Lord.
            
             
             And
             another
             Law
             was
             made
             within
             one
             year
             ensuing
             ,
             confirming
             the
             former
             ,
             and
             providing
             that
             the
             Prince
             may
             give
             Liveries
             to
             such
             Lords
             as
             he
             pleases
             ,
             and
             to
             his
             menial
             Gentlemen
             ;
             and
             that
             they
             may
             wear
             the
             same
             ,
             as
             in
             the
             Kings
             Case
             .
             By
             both
             which
             ,
             the
             King
             and
             Prince
             are
             both
             in
             one
             Case
             ,
             as
             touching
             the
             power
             of
             giving
             Liveries
             ;
             if
             the
             one
             hath
             absolute
             power
             ,
             then
             hath
             the
             other
             the
             like
             ;
             if
             one
             be
             
             under
             the
             Directory
             of
             Law
             in
             that
             point
             ,
             then
             is
             also
             the
             other
             :
             For
             it
             is
             clear
             ,
             that
             the
             King
             is
             intended
             by
             the
             Statute
             to
             be
             bound
             from
             giving
             Liveries
             ,
             and
             the
             people
             from
             wearing
             them
             ,
             otherwise
             than
             in
             especial
             Cases
             .
             And
             then
             the
             conclusion
             will
             be
             ,
             that
             if
             the
             King
             may
             not
             give
             Liveries
             to
             the
             prejudice
             of
             the
             Peace
             ,
             then
             may
             he
             much
             less
             break
             the
             Peace
             at
             his
             pleasure
             ;
             or
             levie
             Men
             ,
             Arms
             ,
             and
             War
             ,
             when
             he
             shall
             think
             most
             meet
             .
             
               Take
               then
               away
               from
               the
               King
               absolute
               power
               to
               compel
               men
               to
               take
               up
               Arms
               otherwise
               than
               in
               case
               of
               Foreign
               Invasion
               ,
               power
               to
               compel
               men
               to
               go
               out
               of
               their
               Counties
               to
               War
               ,
               power
               to
               charge
               men
               for
               maintenance
               of
               the
               Wars
               ,
               power
               to
               make
               them
               find
               Arms
               at
               his
               pleasure
               ,
               and
               lastly
               ,
               power
               to
               break
               the
               Peace
               ,
               or
               do
               ought
               that
               may
               tend
               thereto
               ;
               and
               certainly
               the
               power
               of
               the
               Militia
               that
               remaineth
               ,
               though
               never
               so
               surely
               setled
               in
               the
               Kings
               hand
               ,
               can
               never
               bite
               this
               Nation
               .
            
          
           
             Nor
             can
             the
             noise
             of
             the
             
               Commission
               of
               Array
            
             entitle
             the
             King
             unto
             any
             such
             vast
             power
             as
             is
             pretended
             .
             For
             though
             it
             be
             granted
             ,
             that
             the
             
               Commission
               of
               Array
            
             was
             amended
             by
             the
             Parliament
             in
             these
             times
             ;
             and
             secondly
             ,
             that
             being
             so
             amended
             ,
             it
             was
             to
             serve
             for
             a
             Precedent
             or
             Rule
             for
             the
             future
             :
             yet
             will
             it
             not
             follow
             ,
             that
             Henry
             the
             Fourth
             had
             ,
             or
             any
             Successor
             of
             his
             hath
             any
             power
             of
             
               Array
               originally
               from
               themselves
               ,
               absolutely
               in
               themselves
               ,
               or
               determinatively
               to
               such
               ends
               as
               he
               ,
               or
               they
               ,
               shall
               think
               meet
               .
            
          
           
             First
             ,
             As
             touching
             the
             amendment
             of
             the
             Commission
             ,
             it
             was
             done
             upon
             complaint
             made
             by
             the
             Commons
             as
             a
             grievance
             ,
             that
             such
             Commissions
             had
             issued
             forth
             ,
             as
             had
             been
             grievous
             ,
             hurtful
             ,
             and
             dangerous
             :
             And
             the
             King
             agrees
             to
             the
             amendments
             .
             upon
             advice
             had
             with
             the
             Lords
             ,
             and
             Judges
             .
             
             And
             if
             it
             be
             true
             that
             the
             amendments
             were
             in
             the
             material
             clauses
             (
             as
             it
             is
             granted
             )
             then
             it
             seemeth
             that
             formerly
             a
             greater
             power
             was
             exercised
             than
             by
             Law
             ought
             to
             have
             been
             ;
             and
             then
             hath
             not
             the
             King
             an
             absolute
             power
             of
             Array
             ;
             for
             the
             just
             power
             of
             a
             King
             can
             be
             no
             grievance
             to
             the
             Subject
             .
          
           
             Secondly
             ,
             If
             the
             
               Commission
               of
               Array
            
             thus
             mended
             ,
             
             was
             to
             serve
             as
             a
             rule
             of
             Array
             for
             the
             future
             ;
             then
             there
             is
             a
             rule
             ,
             beyond
             which
             ,
             Henry
             the
             Fourth
             ,
             and
             his
             Successors
             ,
             may
             not
             go
             ;
             and
             then
             it
             will
             also
             follow
             ,
             that
             the
             power
             of
             Array
             is
             not
             originally
             ,
             nor
             absolutely
             ,
             in
             the
             King
             ;
             but
             from
             ,
             and
             under
             the
             Rule
             and
             Law
             of
             the
             Parliament
             :
             which
             rule
             was
             not
             made
             by
             the
             Kings
             own
             directions
             ,
             
             but
             (
             as
             we
             are
             told
             )
             beyond
             expectation
             ,
             alterations
             were
             made
             in
             material
             parts
             of
             the
             Commission
             ,
             and
             the
             powers
             in
             execution
             there
             ,
             whereof
             no
             complaint
             of
             grievance
             had
             been
             made
             .
             The
             issue
             then
             is
             :
             If
             the
             King
             had
             an
             Universal
             power
             in
             the
             Array
             ,
             the
             Parliament
             likewise
             had
             a
             general
             liberty
             ,
             without
             any
             restriction
             to
             correct
             that
             power
             .
          
           
             Lastly
             ,
             Suppose
             that
             this
             power
             of
             the
             Parliament
             is
             executed
             ,
             and
             concluded
             ,
             by
             the
             Commission
             thus
             amended
             ,
             and
             that
             thereby
             the
             Kings
             power
             is
             established
             ;
             yet
             can
             it
             not
             be
             concluded
             ,
             that
             this
             power
             is
             originally
             or
             absolutely
             in
             the
             King.
             It
             is
             not
             absolutely
             in
             him
             ,
             because
             it
             is
             limited
             in
             these
             particulars
             .
          
           
             
               (
               First
               .
            
             )
             It
             is
             not
             continual
             ,
             because
             it
             is
             onely
             
               in
               case
               of
               eminent
               danger
            
             .
          
           
             (
             Secondly
             .
             )
             
               It
               is
               not
               general
               upon
               all
               occasions
               ,
               but
               onely
            
             in
             cases
             of
             a
             Foreign
             and
             sudden
             Invasion
             and
             attempts
             .
          
           
             
               (
               Thirdly
               .
            
             )
             The
             powers
             are
             not
             undefined
             ,
             but
             circumscribed
             .
             1.
             
             
               To
               
               Array
               such
               as
               are
               armed
               ,
            
             so
             as
             they
             cannot
             assess
             Arms
             upon
             such
             .
             
             2.
             
             
               To
               compel
               those
               of
               able
               Bodies
               and
               Estates
               to
               be
               armed
               ;
               and
               those
               of
               able
               Estates
               and
               not
               able
               Bodies
               ,
               to
               arm
               such
               as
               are
               of
               able
               Bodies
               and
               not
               Estates
               :
            
             but
             this
             must
             be
             
               Juxta
               facultates
            
             ,
             and
             
               salvo
               Statu
            
             .
             3.
             
             Whereas
             they
             strain
             themselves
             to
             make
             the
             Statute
             of
             Henry
             the
             Fourth
             ,
             and
             the
             
               Commission
               of
               Array
            
             ,
             to
             consist
             with
             the
             Statutes
             of
             13
             
               E.
               1.
               1
               
               E.
            
             3.
             and
             25
             E.
             3.
             thereby
             they
             affirm
             so
             many
             more
             restrictions
             unto
             this
             power
             of
             Array
             ,
             as
             those
             Statutes
             are
             remedial
             in
             particular
             cases
             :
             yet
             do
             I
             not
             agree
             to
             their
             Glosses
             ,
             but
             leave
             them
             to
             the
             debate
             already
             published
             concerning
             the
             same
             .
          
           
             Secondly
             ,
             As
             this
             power
             was
             not
             absolutely
             in
             the
             Kings
             ,
             so
             was
             it
             not
             originally
             from
             themselves
             ,
             because
             they
             had
             not
             the
             Legislative
             power
             concerning
             the
             same
             ;
             but
             the
             same
             was
             ever
             ,
             and
             yet
             is
             ,
             in
             the
             Parliament
             .
             Hereof
             I
             shall
             note
             onely
             three
             particular
             instances
             .
          
           
             First
             ,
             The
             Militia
             is
             a
             posture
             that
             extendeth
             as
             well
             to
             Sea
             as
             Land
             :
             That
             which
             concerneth
             the
             Sea
             ,
             is
             the
             Law
             of
             Marque
             and
             Reprizal
             ,
             granted
             to
             such
             of
             the
             people
             of
             this
             Nation
             as
             are
             pillaged
             by
             Sea
             ,
             by
             such
             as
             have
             the
             King's
             Conduct
             ,
             or
             publick
             Truce
             .
             
             And
             by
             this
             Law
             the
             party
             pillaged
             had
             power
             to
             recompence
             himself
             upon
             that
             man
             that
             had
             pillaged
             him
             ,
             or
             upon
             any
             other
             Subject
             of
             that
             Nation
             ,
             in
             case
             upon
             request
             made
             of
             the
             Magistrate
             in
             that
             Nation
             ,
             satisfaction
             be
             not
             given
             him
             for
             his
             wrong
             :
             it
             was
             a
             Law
             made
             by
             the
             Parliament
             ,
             whereby
             the
             Chancellour
             had
             power
             to
             grant
             such
             Letters
             or
             Commission
             upon
             complaint
             to
             him
             made
             .
          
           
             This
             was
             grounded
             upon
             the
             Statute
             of
             
               Magna
               Charta
            
             ,
             
             concerning
             
               Free
               Trade
            
             ,
             which
             had
             been
             prejudiced
             by
             the
             rigour
             of
             the
             
               Conservators
               of
               the
               Truce
            
             ,
             against
             the
             Kings
             Subjects
             ;
             although
             what
             was
             by
             them
             done
             ,
             was
             done
             in
             their
             own
             defence
             .
             And
             by
             which
             means
             the
             Foreigners
             were
             become
             bold
             to
             transgress
             ,
             and
             the
             English
             fearful
             in
             their
             own
             Charge
             ;
             and
             many
             laid
             aside
             their
             Trade
             by
             Sea
             ,
             and
             thereby
             the
             strength
             of
             the
             Kingdom
             was
             much
             impaired
             .
             Nor
             is
             the
             equity
             of
             this
             Law
             to
             be
             questioned
             ;
             for
             if
             the
             Magistrate
             upon
             complaint
             made
             grants
             not
             relief
             ,
             the
             offence
             becomes
             publick
             ,
             and
             the
             Nation
             chargeable
             ,
             in
             nature
             of
             an
             Accessory
             after
             the
             Fact
             ,
             and
             so
             the
             next
             man
             liable
             to
             give
             satisfaction
             ,
             and
             to
             seek
             for
             relief
             at
             home
             .
          
           
             The
             King
             then
             hath
             a
             power
             to
             grant
             Letters
             of
             Marque
             by
             Sea
             or
             Land
             ,
             and
             this
             power
             is
             granted
             by
             Parliament
             ;
             and
             this
             power
             is
             a
             limited
             power
             onely
             in
             particular
             cases
             ,
             in
             regard
             that
             many
             times
             these
             prove
             in
             nature
             of
             the
             first
             light
             skirmishes
             of
             a
             general
             War.
             
          
           
             Two
             other
             instances
             yet
             remain
             concerning
             the
             Order
             and
             Government
             of
             the
             Souldiers
             in
             the
             Army
             ;
             the
             one
             concerning
             the
             Souldiers
             pay
             ,
             
               Viz.
               That
               Captains
               shall
               not
               abate
               the
               Souldiers
               Wages
               ,
            
             
             
               but
               for
               their
               Clothing
               ,
               under
               peril
               of
               Fine
               to
               the
               King.
            
             The
             other
             concerning
             the
             Souldiers
             service
             ,
             
               That
               they
               shall
               not
               depart
               from
               their
               Colours
               without
               leave
               ,
               before
               the
               time
               of
               their
               service
               be
               expired
               ,
               unless
               in
               case
               of
               sickness
               ,
            
             
             
               or
               other
               good
               cause
               testified
               and
               allowed
               by
               the
               Captain
               ;
               and
               such
               as
               shall
               do
               otherwise
               ,
               shall
               suffer
               as
               Felons
               .
            
             Which
             Laws
             could
             not
             have
             holden
             in
             force
             ,
             had
             they
             not
             been
             made
             by
             Parliament
             ,
             in
             respect
             that
             the
             penalties
             concern
             the
             Estates
             and
             Lives
             of
             men
             ,
             which
             are
             not
             to
             be
             invaded
             but
             by
             the
             Law
             of
             the
             Land.
             So
             as
             both
             Captains
             and
             Souldiers
             ,
             as
             touching
             the
             Legislative
             power
             ,
             are
             not
             under
             the
             King
             in
             his
             
               personal
               capacity
            
             ,
             but
             under
             the
             Law
             of
             the
             Parliament
             .
          
           
           
             Lastly
             ,
             As
             the
             rule
             of
             War
             was
             under
             the
             Legislative
             power
             of
             the
             Parliament
             ,
             so
             was
             the
             rule
             of
             Peace
             :
             for
             whilst
             Henry
             the
             Sixth
             was
             in
             France
             ,
             which
             was
             in
             his
             Tenth
             year
             ,
             from
             St.
             
             George's
             day
             till
             February
             following
             ;
             the
             Scots
             propound
             terms
             of
             Peace
             to
             the
             Duke
             of
             Gloucester
             ,
             he
             being
             then
             
               Custos
               Regni
            
             ;
             
             which
             he
             referred
             to
             the
             Order
             of
             the
             Parliament
             ,
             by
             whom
             it
             was
             determined
             ,
             and
             the
             Peace
             concluded
             ,
             in
             the
             absence
             of
             the
             King
             ;
             and
             was
             holden
             as
             good
             and
             effectual
             by
             both
             Kingdoms
             ,
             as
             if
             the
             King
             had
             been
             personally
             present
             in
             his
             full
             capacity
             .
          
        
         
           
             CHAP.
             XXIII
             .
             A
             Survey
             of
             the
             Reigns
             of
             Edward
             the
             Fourth
             ,
             Edward
             the
             Fifth
             ,
             and
             Richard
             the
             Third
             .
          
           
             THe
             Reign
             of
             Henry
             the
             Sixth
             ,
             was
             for
             the
             most
             part
             ,
             in
             the
             former
             parts
             of
             it
             ,
             like
             Fire
             buried
             up
             in
             the
             Ashes
             ;
             and
             in
             the
             latter
             parts
             ,
             breaking
             out
             into
             a
             Flame
             :
             In
             the
             heat
             whereof
             ,
             the
             Duke
             of
             York
             ,
             after
             Fealty
             given
             by
             him
             to
             Henry
             the
             Sixth
             ,
             and
             Dispensation
             gotten
             from
             the
             Pope
             to
             break
             his
             Faith
             ,
             lost
             his
             life
             ;
             and
             left
             his
             Son
             the
             Markgrave
             to
             pursue
             his
             Title
             to
             the
             Crown
             ;
             which
             he
             claimed
             by
             Inheritance
             ,
             but
             more
             especially
             by
             Act
             of
             Parliament
             made
             upon
             the
             agreement
             between
             Henry
             the
             Sixth
             and
             his
             Father
             .
             This
             was
             Edward
             the
             Fourth
             ,
             who
             nevertheless
             reserved
             himself
             to
             the
             Election
             of
             the
             Lords
             ,
             and
             was
             by
             them
             received
             ,
             and
             commended
             to
             the
             Commons
             in
             the
             Field
             .
             By
             which
             means
             he
             gaining
             the
             possession
             ,
             had
             also
             encouragement
             to
             maintain
             the
             same
             ;
             yet
             never
             held
             himself
             a
             King
             of
             full
             Age
             ,
             so
             long
             as
             Henry
             the
             Sixth
             lived
             ,
             which
             was
             the
             one
             half
             of
             his
             Reign
             .
             Nor
             did
             he
             ,
             though
             he
             held
             many
             Parliaments
             ,
             scarce
             reach
             higher
             than
             at
             reforming
             of
             Trade
             ;
             which
             was
             a
             Theam
             well
             pleasing
             to
             the
             people
             ,
             next
             unto
             their
             Peace
             ,
             which
             also
             the
             King
             carefully
             regarded
             .
             For
             although
             he
             had
             been
             a
             Souldier
             of
             good
             experience
             ,
             and
             therewith
             successful
             ,
             yet
             as
             one
             loath
             to
             trust
             too
             far
             ,
             either
             the
             constancy
             of
             the
             people
             of
             his
             own
             Opinion
             ,
             or
             the
             fortune
             of
             War
             with
             his
             neighbouring
             Princes
             ,
             he
             did
             much
             by
             brave
             countenance
             and
             discourse
             :
             and
             yet
             gained
             repute
             to
             the
             English
             for
             valour
             ,
             after
             the
             dishonourable
             times
             of
             Henry
             the
             Sixth
             .
             He
             had
             much
             to
             do
             with
             a
             wise
             King
             of
             France
             ,
             that
             knew
             how
             to
             lay
             out
             three
             or
             four
             calm
             words
             at
             any
             time
             ,
             to
             save
             the
             adventure
             of
             his
             peoples
             bloud
             ;
             and
             make
             a
             shew
             of
             money
             ,
             to
             purchase
             the
             peaceable
             holding
             of
             that
             which
             was
             his
             onely
             by
             force
             ,
             until
             the
             wind
             proved
             more
             fair
             to
             bring
             all
             that
             continent
             under
             one
             head
             .
          
           
             In
             his
             Government
             at
             home
             ,
             he
             met
             with
             many
             cross
             Gales
             ,
             occasioned
             principally
             by
             his
             own
             rashness
             ,
             and
             neglect
             of
             the
             Earl
             of
             
             Warwick's
             approved
             friendship
             ,
             which
             he
             had
             turned
             into
             professed
             enmity
             ;
             and
             so
             weakned
             his
             own
             cause
             thereby
             ,
             
             that
             he
             was
             once
             under
             water
             ,
             his
             Kingdom
             disposed
             of
             by
             new
             intail
             upon
             the
             Heirs
             of
             Duke
             Clarence
             ;
             and
             so
             the
             Earl
             of
             Warwick
             remained
             constant
             to
             the
             House
             of
             York
             ,
             though
             this
             particular
             King
             was
             set
             aside
             .
             Nor
             did
             he
             in
             all
             this
             gain
             any
             thing
             but
             a
             Wife
             ,
             who
             though
             his
             Subject
             ,
             and
             none
             of
             the
             greatest
             Family
             ,
             neither
             brought
             any
             interest
             unto
             her
             Lord
             and
             Husband
             amongst
             Foreign
             
             Princes
             ,
             brought
             nevertheless
             a
             Pearl
             ,
             which
             was
             beyond
             all
             ;
             which
             was
             ,
             the
             purchase
             of
             the
             Union
             between
             the
             two
             Houses
             of
             York
             and
             Lancaster
             ,
             and
             a
             peaceable
             succession
             in
             the
             Throne
             for
             a
             long
             while
             to
             come
             .
             It
             must
             be
             granted
             ,
             that
             there
             fell
             therewith
             an
             unhappy
             inconvenience
             in
             the
             raising
             of
             a
             new
             Nobility
             of
             the
             Queens
             Kindred
             ,
             of
             whom
             the
             ancient
             Stock
             of
             Nobility
             thought
             scorn
             ;
             and
             yet
             they
             were
             so
             considerable
             as
             to
             be
             envied
             .
             A
             Wound
             hard
             to
             be
             cured
             ,
             and
             yet
             easily
             avoided
             by
             such
             as
             know
             how
             to
             deny
             themselves
             :
             And
             therefore
             can
             be
             no
             prejudice
             unto
             that
             conclusion
             ,
             
               That
               for
               an
               English
               King
               to
               marry
               his
               own
               Subject
               ,
               is
               more
               safe
               for
               the
               King
               ,
               and
               beneficial
               for
               the
               Kingdom
               ,
               than
               to
               marry
               a
               Stranger
               .
            
          
           
             But
             Edward
             the
             Fourth
             did
             not
             long
             lie
             underneath
             ;
             upon
             the
             next
             fair
             Gale
             ,
             he
             comes
             from
             beyond
             the
             Sea
             ,
             and
             (
             like
             his
             first
             Predecessor
             of
             the
             House
             of
             Lancaster
             )
             claims
             onely
             his
             Dutchy
             ;
             which
             no
             man
             could
             in
             reason
             deny
             to
             be
             his
             right
             ,
             and
             therefore
             were
             the
             sooner
             engaged
             with
             him
             in
             that
             accoust
             .
             This
             was
             an
             act
             that
             in
             the
             first
             undertaking
             seemed
             modest
             ;
             but
             when
             it
             was
             done
             ,
             appeared
             too
             bold
             to
             adventure
             it
             upon
             the
             Censure
             of
             Henry
             the
             Sixth
             ;
             and
             therefore
             they
             were
             not
             more
             ready
             to
             engage
             ,
             than
             slack
             to
             dis-engage
             ,
             till
             they
             were
             secure
             in
             the
             Kings
             Interest
             ;
             which
             not
             long
             after
             ensued
             ,
             by
             the
             death
             of
             Henry
             the
             Sixth
             .
             Thus
             Edward
             the
             Fourth
             recovered
             the
             Crown
             ,
             to
             save
             his
             Dutchy
             .
             His
             Government
             was
             not
             suitable
             :
             for
             he
             came
             in
             by
             the
             People
             ,
             but
             endeavoured
             to
             uphold
             himself
             by
             Foreign
             Dependencies
             ;
             as
             if
             he
             desired
             to
             spread
             his
             Roots
             rather
             wide
             than
             deep
             .
             How
             ill
             this
             Choice
             was
             ,
             the
             event
             shewed
             :
             for
             Plants
             that
             root
             wide
             ,
             may
             be
             strong
             enough
             against
             an
             outward
             Storm
             ;
             but
             they
             soon
             grow
             old
             ,
             barren
             ,
             and
             rot
             irrecoverably
             from
             beneath
             .
             Such
             was
             the
             end
             of
             this
             mans
             Government
             ;
             himself
             lived
             and
             died
             a
             King
             ,
             and
             left
             Issue
             both
             Male
             and
             Female
             ;
             the
             one
             tasted
             the
             Government
             ,
             the
             other
             kissed
             it
             ;
             but
             neither
             of
             them
             ever
             enjoyed
             further
             than
             a
             bare
             Title
             .
             Nor
             was
             the
             Government
             of
             Edward
             the
             Fourth
             so
             secured
             by
             the
             Engagements
             of
             Foreigners
             :
             
             for
             as
             he
             sought
             to
             delude
             ,
             so
             he
             was
             deluded
             ,
             both
             by
             Burgundy
             and
             Scotland
             ,
             to
             the
             prejudice
             of
             all
             three
             .
             Towards
             his
             own
             people
             his
             carriage
             was
             not
             so
             much
             by
             Law
             ,
             as
             by
             Leave
             :
             for
             he
             could
             fetch
             a
             course
             out
             of
             the
             old
             way
             of
             rule
             ,
             satisfie
             himself
             ,
             dissatisfie
             others
             ,
             and
             yet
             never
             was
             called
             to
             account
             .
             What
             was
             done
             by
             Entreaty
             ,
             no
             man
             could
             blame
             ;
             and
             where
             Entreaties
             are
             countenanced
             by
             Power
             ,
             no
             man
             durst
             contradict
             .
             Thanks
             to
             his
             Fate
             ,
             that
             had
             brought
             him
             upon
             a
             People
             tired
             by
             Wars
             ,
             scared
             by
             his
             success
             ,
             and
             loth
             to
             adventure
             much
             for
             the
             House
             of
             Lancaster
             ,
             in
             which
             no
             courage
             was
             left
             to
             adventure
             for
             it self
             .
             The
             greatest
             errour
             of
             his
             way
             ,
             was
             in
             the
             matter
             of
             Revenue
             ;
             the
             former
             times
             had
             been
             unhappy
             in
             respect
             of
             good
             Husbandry
             ;
             
             and
             Edward
             the
             Fourth
             was
             no
             man
             to
             gather
             heaps
             .
             His
             occasions
             conduced
             rather
             to
             diffuse
             ,
             and
             his
             mind
             generally
             led
             the
             way
             thereto
             ;
             so
             as
             it
             is
             the
             less
             wonder
             if
             he
             called
             more
             for
             accommodations
             ,
             than
             the
             ordinary
             Treasury
             of
             the
             Crown
             could
             supply
             .
             Hereto
             therefore
             he
             used
             expedients
             ,
             which
             in
             his
             former
             times
             were
             more
             moderate
             :
             for
             whilst
             Henry
             the
             Sixth
             lived
             ,
             he
             did
             but
             borrow
             by
             
               Privy
               Seal
            
             ,
             and
             take
             Tunnage
             and
             Poundage
             by
             way
             of
             hire
             .
             
             Afterwards
             ,
             when
             no
             Star
             appeared
             (
             but
             what
             was
             enlightned
             from
             his
             own
             Sun
             )
             he
             was
             more
             plain
             ,
             and
             tried
             a
             new
             trick
             ,
             called
             Benevolence
             .
             Unwelcome
             it
             was
             ,
             not
             onely
             in
             regard
             of
             its
             own
             nature
             ,
             but
             much
             more
             in
             the
             end
             :
             for
             it
             was
             to
             serve
             the
             Duke
             of
             Burgundy
             in
             
             raising
             a
             War
             against
             France
             in
             the
             first
             view
             ,
             
             but
             in
             the
             conclusion
             to
             serve
             his
             own
             Purse
             ,
             both
             from
             Friends
             and
             Foes
             .
             And
             yet
             this
             also
             passed
             without
             much
             controul
             ;
             for
             when
             displeasure
             was
             like
             to
             ensue
             ,
             he
             could
             speak
             fair
             ,
             and
             feast
             ,
             and
             ,
             if
             need
             was
             ,
             kiss
             away
             all
             discontent
             .
             Towards
             his
             end
             ,
             as
             stale
             drink
             ,
             he
             grew
             sowr
             :
             For
             as
             in
             the
             first
             part
             of
             his
             Reign
             he
             had
             been
             supplied
             by
             good-will
             against
             Law
             ;
             so
             in
             his
             latter
             times
             ,
             he
             had
             gotten
             a
             trick
             of
             supply
             by
             Law
             against
             good-will
             .
             This
             was
             by
             
               penal
               Laws
            
             ,
             which
             are
             a
             remedy
             if
             they
             be
             used
             
               Ad
               terrorem
            
             ;
             but
             if
             strained
             beyond
             that
             ,
             the
             Remedy
             proveth
             worse
             than
             the
             Disease
             .
             In
             their
             first
             institution
             ,
             they
             are
             forms
             of
             courtesie
             from
             the
             people
             to
             the
             King
             ;
             but
             in
             the
             rigorous
             execution
             of
             them
             ,
             are
             trials
             of
             mastery
             of
             the
             King
             over
             the
             people
             ,
             and
             are
             usually
             laid
             up
             against
             days
             of
             reckoning
             between
             the
             Prince
             and
             them
             .
          
           
             Those
             penal
             Laws
             are
             best
             contrived
             ,
             that
             with
             the
             greatest
             terrour
             to
             the
             Delinquent
             ,
             bring
             the
             least
             profit
             to
             the
             King's
             Coffers
             .
             Once
             for
             all
             ,
             this
             King's
             Acts
             were
             many
             ,
             his
             Enterprizes
             more
             ,
             but
             seldom
             attaining
             that
             end
             which
             they
             faced
             .
             He
             was
             a
             man
             of
             War
             ,
             and
             did
             more
             by
             his
             Fame
             than
             his
             Sword
             ;
             was
             no
             sooner
             resolved
             in
             good
             earnest
             ,
             but
             he
             died
             ,
             left
             a
             Kingdom
             unassured
             ,
             his
             Children
             young
             ,
             and
             many
             friends
             in
             shew
             ,
             but
             in
             truth
             very
             few
             .
          
           
             Now
             ,
             if
             ever
             ,
             was
             the
             Kingdom
             in
             a
             Trance
             .
             Edward
             the
             Fourth
             left
             a
             Son
             ,
             
             the
             
               Prima
               materia
            
             of
             a
             King
             ,
             and
             who
             lived
             long
             enough
             to
             be
             enrolled
             amongst
             English
             Kings
             ,
             yet
             served
             the
             place
             no
             further
             than
             to
             be
             an
             occasion
             to
             fill
             up
             the
             measure
             of
             the
             wickedness
             of
             the
             Duke
             of
             Gloucester
             ,
             and
             a
             monument
             of
             Gods
             displeasure
             against
             the
             House
             of
             Edward
             the
             Fourth
             ;
             whether
             for
             that
             breach
             of
             Oath
             ,
             or
             treachery
             against
             Henry
             the
             Sixth
             ,
             or
             for
             what
             other
             cause
             ,
             I
             cannot
             tell
             .
             But
             at
             the
             best
             ,
             this
             Prince
             was
             ,
             in
             relation
             to
             his
             Uncle
             the
             Duke
             of
             Gloucester
             ,
             little
             other
             than
             as
             an
             Overseer
             to
             an
             Executor
             ,
             that
             might
             see
             and
             complain
             ,
             but
             cannot
             amend
             .
             For
             the
             Duke
             ruled
             ,
             over-ruled
             ,
             and
             mis-ruled
             all
             ,
             under
             the
             name
             of
             Edward
             the
             Fifth
             ;
             and
             left
             no
             monument
             of
             good
             Government
             upon
             record
             ,
             till
             he
             changed
             both
             the
             Name
             and
             Person
             of
             Edward
             the
             Fifth
             to
             Richard
             the
             Third
             :
             his
             Fame
             had
             lifted
             him
             up
             ,
             and
             might
             have
             supported
             him
             ,
             
             had
             he
             regarded
             it
             .
             But
             as
             no
             man
             had
             more
             honour
             before
             he
             ascended
             the
             Throne
             ,
             so
             no
             man
             ever
             entred
             and
             sate
             thereon
             with
             less
             .
             His
             proceedings
             were
             from
             a
             Protector
             to
             an
             Vsurper
             ,
             and
             thence
             to
             a
             Tyrant
             ;
             a
             Scourge
             to
             the
             whole
             Nation
             ,
             especially
             the
             Nobility
             ;
             and
             lastly
             ,
             an
             instrument
             of
             Gods
             Revenge
             upon
             himself
             ,
             a
             man
             made
             up
             of
             Clay
             and
             Blood
             ,
             living
             not
             loved
             ,
             and
             dying
             unlamented
             .
             The
             manner
             of
             his
             Government
             was
             strained
             ;
             having
             once
             won
             the
             Saddle
             ,
             he
             is
             loth
             to
             be
             cast
             :
             knowing
             himself
             guilty
             all
             over
             ,
             and
             that
             nothing
             could
             absolve
             his
             Fame
             but
             a
             Parliament
             ;
             he
             calls
             it
             ,
             courts
             it
             ,
             and
             where
             his
             Wit
             could
             not
             reach
             to
             apologize
             ,
             he
             makes
             whole
             by
             recompence
             ;
             takes
             away
             Benevolences
             ;
             he
             is
             ready
             to
             let
             them
             have
             their
             present
             desires
             ,
             
             what
             can
             they
             have
             more
             ?
             He
             promiseth
             good
             behaviour
             for
             the
             future
             ;
             which
             he
             might
             the
             better
             do
             ,
             because
             he
             had
             already
             attained
             his
             ends
             .
             Thus
             in
             one
             Parliament
             (
             for
             he
             could
             hold
             no
             more
             )
             he
             gave
             such
             content
             ,
             as
             ,
             even
             to
             wonderment
             ,
             he
             could
             assoon
             find
             an
             Army
             in
             the
             field
             to
             fight
             for
             him
             ,
             as
             the
             most
             meritorious
             of
             his
             Predecessors
             .
             Hi●
             ill
             Title
             made
             him
             very
             jealous
             ,
             and
             thereby
             taught
             his
             best
             Friends
             to
             keep
             at
             a
             distance
             ;
             after
             which
             time
             few
             escaped
             that
             
             came
             within
             his
             reach
             ;
             and
             so
             he
             served
             God's
             Judgement
             against
             his
             adjutants
             ,
             though
             he
             understood
             it
             not
             .
             Amongst
             the
             rest
             ,
             against
             the
             Duke
             of
             Buckingham
             his
             great
             Associate
             ,
             both
             in
             the
             Butchery
             of
             the
             two
             young
             Princes
             ,
             and
             usurpation
             of
             the
             Royal
             Scepter
             .
             He
             lived
             till
             he
             had
             laid
             the
             Foundation
             of
             better
             times
             in
             the
             person
             of
             Henry
             the
             Seventh
             ,
             and
             then
             received
             his
             reward
             .
             But
             an
             ill
             Conscience
             must
             be
             continually
             fed
             ,
             or
             it
             will
             eat
             up
             its
             own
             womb
             .
          
           
             The
             Kings
             mind
             being
             delivered
             from
             fear
             of
             the
             Sons
             of
             Edward
             the
             Fourth
             ,
             now
             dead
             ,
             torments
             himself
             with
             thoughts
             of
             his
             Daughter
             alive
             :
             ashamed
             he
             is
             of
             Butchery
             of
             a
             Girl
             ;
             he
             chuseth
             a
             conceit
             of
             Bastardizing
             the
             Children
             of
             
               Elizabeth
               Gray
            
             ,
             
             that
             calleth
             her self
             Queen
             of
             England
             ;
             but
             this
             proved
             too
             hard
             to
             concoct
             .
             Soon
             after
             that
             ,
             he
             goes
             a
             contrary
             way
             :
             The
             Lady
             
               Elizabeth
               Gray
            
             is
             now
             undoubted
             Wife
             of
             Edward
             the
             Fourth
             ,
             and
             her
             eldest
             Daughter
             as
             undoubted
             Heir
             to
             the
             Crown
             .
             And
             so
             the
             King
             will
             now
             be
             contented
             to
             adventure
             himself
             into
             an
             incestuous
             Marriage
             with
             her
             ,
             if
             his
             own
             Queen
             were
             not
             in
             the
             way
             ,
             onely
             to
             secure
             the
             Peace
             of
             the
             Kingdom
             ;
             which
             he
             ,
             good
             King
             ,
             was
             bound
             in
             Conscience
             to
             maintain
             ,
             though
             with
             the
             peril
             of
             his
             own
             Soul
             ;
             and
             in
             this
             zeal
             of
             Conscience
             ,
             his
             Queen
             soon
             went
             out
             of
             the
             way
             ,
             and
             so
             Love
             is
             made
             to
             the
             young
             Lady
             .
             But
             Henry
             Earl
             of
             Richmond
             was
             there
             before
             ;
             and
             the
             Lady
             warily
             declined
             the
             choice
             ,
             till
             the
             golden
             Apple
             was
             won
             ,
             which
             was
             not
             long
             after
             accomplished
             ;
             the
             King
             losing
             both
             the
             Lady
             ,
             his
             Crown
             ,
             and
             own
             Life
             together
             ,
             put
             an
             end
             to
             much
             wickedness
             ,
             and
             had
             the
             end
             thereof
             in
             Bosworth-Field
             .
          
        
         
           
             CHAP.
             XXIV
             .
             Of
             the
             Government
             in
             relation
             to
             the
             Parliament
             .
          
           
             THe
             seasons
             now
             in
             Tract
             were
             of
             short
             continuance
             ;
             lives
             passed
             away
             more
             speedily
             than
             years
             ;
             and
             it
             may
             seem
             useless
             to
             enquire
             what
             is
             the
             nature
             of
             the
             Government
             in
             such
             a
             time
             ,
             whenas
             the
             greatest
             work
             was
             to
             maintain
             Life
             and
             Soul
             together
             ;
             and
             when
             all
             is
             done
             ,
             little
             else
             is
             done
             .
             For
             though
             the
             Title
             of
             the
             House
             of
             York
             was
             never
             so
             clear
             against
             that
             of
             Lancaster
             ;
             yet
             it
             had
             been
             so
             long
             darkned
             with
             a
             continual
             ●uccession
             of
             Kings
             of
             the
             
               Red
               Rose
            
             ,
             that
             either
             by
             their
             Merit
             had
             gained
             a
             Throne
             in
             the
             peoples
             Hearts
             ,
             or
             by
             their
             Facility
             had
             yielded
             their
             Throne
             up
             to
             the
             peoples
             will
             ,
             as
             it
             proved
             not
             easie
             to
             convince
             them
             that
             liked
             well
             their
             present
             Lot
             ,
             and
             were
             doubtful
             of
             change
             ;
             or
             to
             make
             them
             tender
             of
             the
             right
             of
             Edward
             the
             Fourth
             above
             their
             own
             quiet
             .
             Above
             Threescore
             years
             now
             had
             England
             made
             trial
             of
             the
             Government
             of
             the
             Lancastrian
             Princes
             ,
             and
             thereof
             about
             Thirty
             years
             experience
             had
             they
             of
             Henry
             the
             Sixth
             ;
             they
             saw
             he
             was
             a
             gentle
             Price
             .
             On
             the
             other
             side
             ,
             Edward
             the
             Fourth
             ,
             newly
             sprung
             up
             out
             of
             a
             Root
             watered
             with
             blood
             ,
             himself
             also
             a
             man
             for
             the
             Field
             .
          
           
             This
             might
             well
             put
             the
             minds
             of
             the
             people
             to
             a
             stand
             ,
             what
             to
             think
             of
             this
             Man
             ,
             whose
             Nature
             and
             ends
             are
             so
             doubtful
             ,
             and
             brought
             nothing
             to
             commend
             him
             to
             the
             good
             wills
             of
             the
             people
             ,
             but
             his
             bare
             Title
             ;
             which
             the
             common
             sort
             usually
             judge
             of
             ,
             according
             as
             they
             see
             
             it
             prosper
             more
             or
             less
             .
             Add
             hereunto
             ,
             that
             Divine
             Providence
             did
             not
             so
             clearly
             ,
             nor
             suddenly
             ,
             determine
             his
             secret
             purpose
             concerning
             this
             change
             ,
             by
             any
             constant
             success
             to
             either
             part
             ;
             by
             means
             whereof
             ,
             the
             one
             half
             of
             Edward
             the
             Fourth's
             Reign
             was
             spent
             ,
             while
             as
             yet
             Henry
             the
             Sixth
             was
             in
             view
             ,
             and
             the
             minds
             of
             men
             left
             unassured
             ,
             neither
             trusting
             much
             to
             Edward
             the
             Fourth
             ,
             nor
             he
             to
             them
             .
             And
             after
             that
             Henry
             the
             Sixth
             was
             gone
             out
             of
             the
             way
             ,
             Edward
             the
             Fourth
             could
             not
             readily
             change
             his
             posture
             ;
             used
             Arguments
             of
             force
             and
             power
             ,
             and
             for
             the
             most
             part
             ,
             looked
             like
             a
             man
             in
             Arms
             ,
             with
             his
             hand
             on
             his
             Sword
             ,
             ready
             to
             draw
             upon
             the
             next
             man
             that
             stands
             in
             his
             way
             .
          
           
             Thus
             are
             the
             people
             partly
             driven
             ,
             
             and
             partly
             drawn
             ,
             into
             an
             Oath
             of
             Allegiance
             unto
             Edward
             the
             Fourth
             ,
             under
             peril
             of
             Attainder
             ;
             and
             the
             Parliament
             assured
             unto
             him
             once
             more
             .
             For
             immediately
             upon
             the
             departure
             of
             Edward
             the
             Fourth
             beyond
             Sea
             ,
             after
             Ten
             years
             of
             his
             Reign
             ,
             the
             Parliament
             (
             never
             staying
             for
             the
             issue
             of
             Providence
             )
             declared
             the
             Throne
             void
             of
             Edward
             the
             Fourth
             ,
             and
             Henry
             the
             Sixth
             King.
             The
             Judges
             likewise
             of
             the
             Courts
             of
             Westminster
             determined
             the
             same
             thing
             ,
             as
             may
             appear
             by
             the
             Law-Reports
             of
             those
             times
             in
             Print
             :
             wherein
             reattachments
             were
             often
             granted
             by
             them
             upon
             discontinuance
             of
             Process
             by
             this
             Demise
             of
             Edward
             the
             Fourth
             .
             And
             thus
             Henry
             the
             Sixth
             is
             once
             more
             King
             for
             six
             Months
             ,
             viz.
             from
             October
             to
             April
             ,
             at
             which
             time
             the
             Ballance
             turns
             ;
             Edward
             the
             Fourth
             returns
             ,
             gets
             into
             the
             Throne
             ;
             Henry
             the
             Sixth
             is
             again
             Dethroned
             ;
             all
             things
             are
             as
             they
             were
             ,
             and
             all
             confirmed
             by
             Act
             of
             Parliament
             .
             For
             that
             Body
             is
             ever
             wise
             enough
             to
             side
             with
             Power
             ,
             rather
             than
             to
             spend
             much
             time
             upon
             fruitless
             Orders
             and
             Votes
             that
             will
             pierce
             no
             Armour
             ;
             and
             therefore
             ,
             like
             the
             times
             ,
             must
             needs
             be
             subject
             to
             fits
             of
             distemper
             at
             the
             coming
             in
             of
             every
             Tide
             ;
             and
             did
             build
             ,
             and
             pull
             down
             ,
             enact
             ,
             and
             disenact
             ,
             turn
             and
             return
             the
             English
             Crown
             from
             York
             to
             Lancaster
             ,
             and
             back
             again
             ;
             and
             in
             conclusion
             ,
             for
             some
             time
             did
             do
             little
             but
             undo
             .
             Nor
             can
             they
             be
             justly
             censured
             herein
             ;
             for
             Councils
             of
             men
             are
             not
             ordained
             to
             hinder
             divine
             Providence
             ,
             or
             over-rule
             Fate
             ;
             but
             to
             foresee
             ,
             and
             close
             with
             Occasions
             ,
             in
             the
             most
             advantageous
             way
             for
             the
             publick
             good
             ;
             and
             when
             both
             Winds
             and
             Currents
             are
             uncertain
             ,
             to
             ride
             at
             flote
             ,
             till
             they
             can
             discern
             the
             most
             commodious
             Haven
             to
             Winter
             in
             .
             To
             impute
             therefore
             fault
             unto
             the
             Parliament
             in
             such
             Cases
             ,
             for
             want
             of
             Uniformity
             ,
             and
             Immutability
             of
             Councils
             ,
             is
             somewhat
             like
             the
             Notion
             that
             Batchelors
             conceit
             of
             Wives
             ;
             they
             would
             have
             ,
             but
             they
             do
             not
             know
             what
             other
             〈◊〉
             
               an
               Idea
               of
               their
               own
               fancy
               .
            
          
           
             Now
             if
             it
             be
             enquired
             which
             course
             prevailed
             ,
             in
             order
             either
             to
             the
             Kings
             Royalty
             ,
             or
             the
             peoples
             Liberty
             ,
             I
             shall
             answer
             ,
             Neither
             of
             these
             :
             but
             the
             House
             of
             York
             prevailed
             to
             hold
             the
             Crown
             ,
             and
             might
             have
             advanced
             the
             Authority
             thereof
             ,
             had
             they
             not
             fall'n
             out
             amongst
             themselves
             for
             the
             spoil
             ;
             and
             Edward
             the
             Fourth
             was
             not
             altogether
             disposed
             thereto
             .
             The
             success
             that
             he
             had
             in
             the
             Field
             ,
             and
             his
             Souldiery
             ,
             made
             him
             look
             big
             like
             a
             King
             of
             the
             greater
             size
             ;
             but
             Kings
             sleep
             not
             securely
             upon
             such
             Pillows
             .
             When
             the
             Militia
             is
             on
             Horseback
             ,
             it
             is
             as
             ready
             to
             be
             a
             Guard
             upon
             the
             King
             ,
             as
             for
             him
             ;
             and
             when
             it
             is
             most
             sober
             ,
             not
             so
             easily
             governed
             as
             a
             Commonwealth
             .
             And
             therefore
             Edward
             the
             Fourth
             ,
             now
             in
             Arms
             ,
             though
             he
             found
             it
             a
             hard
             Notion
             to
             maintain
             the
             peoples
             Liberty
             where
             no
             man
             is
             free
             from
             the
             Souldier
             ,
             yet
             he
             enclined
             thereto
             .
             
             We
             read
             of
             a
             multitude
             of
             Taxations
             of
             all
             sorts
             ;
             and
             of
             Benevolences
             ,
             the
             worst
             of
             all
             those
             sorts
             .
             For
             Souldiers
             must
             have
             money
             ;
             or
             if
             not
             ,
             they
             will
             have
             it
             :
             but
             the
             King
             would
             not
             force
             things
             so
             far
             as
             his
             power
             could
             reach
             ;
             he
             will
             have
             Money
             ,
             but
             it
             shall
             be
             by
             order
             of
             the
             Parliament
             .
             He
             might
             have
             pretended
             much
             upon
             the
             
               Commission
               of
               Array
            
             ;
             yet
             did
             it
             not
             ,
             
             but
             chose
             rather
             to
             be
             Lord
             of
             the
             Seas
             .
             And
             because
             it
             was
             too
             great
             a
             Farm
             for
             his
             private
             Purse
             ,
             he
             prays
             aid
             of
             the
             Parliament
             by
             the
             way
             of
             Tumage
             and
             Poundage
             ,
             
             
               which
               was
               in
               demand
               nine
               years
               before
               the
               Parliament
               granted
               it
               .
            
             And
             when
             it
             was
             
               granted
               ,
               it
               was
               with
               such
               restrictions
               ,
               that
               it
               is
               evident
               the
               King
               preferred
               the
               right
               of
               the
               Parliament
               therein
               ,
               above
               his
               private
               honour
               .
            
          
           
             Secondly
             ,
             
               Titles
               of
               Honour
            
             are
             but
             windy
             Notions
             ;
             and
             every
             one
             knows
             what
             claim
             is
             made
             by
             Kings
             ,
             to
             have
             the
             sole
             interest
             in
             conferring
             the
             same
             .
             This
             Edward
             the
             Fourth
             neglected
             so
             far
             ,
             
             as
             he
             interested
             the
             Parliament
             ,
             both
             in
             the
             conferring
             of
             them
             ,
             and
             resuming
             the
             same
             .
          
           
             Thirdly
             ,
             
               The
               course
               of
               Trade
            
             was
             now
             more
             especially
             looked
             to
             ,
             not
             by
             the
             King
             and
             Privy
             Council
             ,
             but
             by
             the
             Parliament
             .
             And
             because
             it
             was
             much
             decayed
             ,
             partly
             by
             reason
             of
             the
             ill
             government
             thereof
             ,
             and
             partly
             by
             the
             excessive
             lavishness
             of
             these
             times
             ,
             many
             Laws
             are
             made
             for
             remedy
             of
             both
             .
             
             And
             first
             ,
             the
             Staple
             was
             setled
             sometimes
             at
             Calis
             alone
             ,
             sometimes
             at
             it
             and
             Middleborough
             ;
             
             and
             by
             this
             means
             ,
             England
             gained
             Trade
             from
             both
             Nations
             ;
             
             but
             the
             principal
             thanks
             is
             to
             be
             given
             to
             the
             interest
             between
             the
             King
             and
             the
             House
             of
             Burgundy
             .
             Then
             course
             is
             taken
             for
             the
             bringing
             of
             the
             Staple
             .
             Commodities
             onely
             to
             those
             places
             ,
             
             and
             the
             return
             to
             be
             made
             in
             Money
             ,
             and
             not
             Commodity
             by
             exchange
             .
             Then
             for
             the
             well
             making
             of
             
             Staple-Manufactures
             ,
             and
             restraining
             Importation
             of
             Foreign
             Manufactures
             of
             such
             kinds
             .
             
             Then
             against
             transporting
             of
             
               English
               Coyn
            
             ,
             
             and
             importing
             of
             Foreign
             Coyn
             ,
             
             other
             than
             Bullion
             .
          
           
             And
             as
             touching
             the
             second
             grievance
             ,
             it
             seems
             ,
             gallantry
             or
             vanity
             of
             Apparel
             was
             a
             sore
             Disease
             of
             these
             times
             ,
             which
             were
             become
             times
             of
             Fashions
             ,
             and
             wherein
             the
             King
             led
             the
             way
             by
             his
             own
             example
             .
             For
             he
             desired
             to
             be
             brave
             ;
             and
             that
             he
             might
             be
             more
             brave
             ,
             
             he
             passed
             Laws
             that
             the
             people
             should
             be
             less
             brave
             ,
             
             assessing
             a
             sort
             of
             Apparel
             for
             every
             degree
             ,
             and
             therein
             stooped
             so
             low
             ,
             
             as
             to
             define
             the
             fashions
             of
             their
             very
             shoes
             .
          
           
             Fourthly
             ,
             The
             Parliament
             retained
             their
             ancient
             right
             of
             reducing
             the
             course
             of
             Judicature
             .
             For
             whereas
             Sheriffs
             had
             hitherto
             holden
             their
             course
             of
             Trial
             of
             the
             moaner
             sort
             of
             Felonies
             ,
             and
             Trespasses
             ,
             and
             Offences
             ,
             determinable
             onely
             by
             Imprisonment
             ,
             or
             Fines
             and
             Amerciaments
             ;
             whereby
             mens
             Estates
             did
             lie
             under
             the
             continual
             pillage
             of
             these
             covetous
             and
             extorting
             Officers
             :
             
             It
             was
             established
             by
             the
             Parliament
             ,
             that
             these
             men
             should
             have
             for
             the
             future
             ,
             only
             power
             of
             enquiry
             ,
             and
             to
             certifie
             at
             the
             next
             Sessions
             ,
             and
             there
             the
             Trial
             to
             be
             ;
             and
             Fines
             and
             Amerciaments
             to
             be
             set
             ,
             Taxed
             ,
             and
             Estreated
             unto
             the
             Exechequer
             ,
             and
             from
             thence
             to
             be
             levied
             ,
             and
             thereof
             the
             Sheriff
             give
             account
             .
             This
             was
             a
             great
             security
             to
             the
             peoples
             Estates
             ,
             but
             gave
             them
             not
             a
             full
             remedy
             :
             For
             though
             the
             Trial
             was
             now
             more
             fair
             ,
             yet
             these
             Officers
             were
             Judges
             of
             suspicion
             ,
             and
             had
             still
             power
             upon
             suspicion
             to
             imprison
             their
             persons
             ,
             and
             seize
             their
             Estates
             ,
             under
             colour
             to
             save
             them
             for
             the
             King
             ,
             in
             case
             Conviction
             followed
             .
          
           
             For
             remedy
             hereof
             ,
             
             the
             
               Justices
               of
               the
               Peace
            
             have
             now
             power
             given
             
             them
             to
             Bail
             ,
             in
             Case
             of
             light
             suspicion
             ;
             and
             it
             is
             further
             declared
             ,
             
               that
               no
               mans
               Estate
               shall
               be
               first
               seized
               ,
               till
               Conviction
               and
               Attainder
               first
               be
               had
               .
            
             And
             because
             Escheators
             grew
             no
             less
             burthensome
             in
             their
             way
             ,
             it
             was
             therefore
             ordered
             ,
             that
             no
             man
             shall
             be
             allowed
             in
             such
             Office
             ,
             unless
             he
             hath
             Lands
             to
             the
             value
             of
             Twenty
             pounds
             
               per
               Annum
            
             ;
             and
             that
             he
             shall
             be
             responsible
             for
             such
             wrong
             done
             by
             himself
             ,
             
             or
             by
             his
             Deputy
             and
             Farmer
             .
          
           
             Thus
             Edward
             the
             Fourth
             quitted
             himself
             like
             a
             King
             in
             many
             regards
             ;
             but
             soon
             ran
             himself
             out
             of
             breath
             ,
             gave
             his
             Lamp
             to
             his
             Son
             ,
             that
             was
             too
             weak
             to
             hold
             it
             ;
             a
             Third
             snatches
             it
             away
             ,
             and
             for
             two
             years
             carrying
             it
             exceeding
             well
             ,
             yielded
             up
             all
             encroached
             Royalty
             to
             the
             people
             ,
             
             and
             his
             Crown
             and
             Life
             to
             his
             Successor
             .
          
        
         
           
             CHAP.
             XXV
             .
             The
             condition
             of
             the
             Clergie
             .
          
           
             IF
             any
             gains
             were
             had
             in
             these
             uncertain
             times
             ,
             the
             Church-men
             might
             seem
             to
             have
             them
             ;
             having
             now
             this
             advantage
             ,
             that
             the
             Commonalty
             was
             distracted
             with
             uncertain
             interests
             of
             the
             Succession
             of
             the
             Crown
             :
             And
             themselves
             onely
             united
             under
             the
             Popedom
             ,
             now
             freed
             from
             all
             Schism
             ;
             and
             the
             Popedom
             managed
             by
             Sixtus
             the
             Fourth
             ,
             who
             had
             the
             hap
             to
             be
             accounted
             more
             virtuous
             than
             any
             of
             his
             Predecessors
             had
             been
             ,
             and
             to
             have
             all
             the
             
               Christian
               Princes
            
             
             wholly
             at
             his
             devotion
             .
          
           
             
               And
               lastly
            
             ,
             Both
             the
             Clergie
             and
             the
             Kings
             were
             now
             joyntly
             engaged
             against
             the
             rising
             power
             of
             Religion
             ,
             then
             called
             Heresie
             ;
             in
             order
             whereunto
             ,
             the
             Clergie
             leading
             the
             way
             ,
             had
             the
             applause
             of
             them
             that
             followed
             ,
             upon
             an
             implicite
             Faith
             ,
             that
             whatsoever
             was
             done
             ,
             was
             exceeding
             well
             done
             .
          
           
             Nor
             was
             it
             wisdom
             for
             Kings
             that
             sate
             loose
             in
             their
             Thrones
             ,
             to
             stumble
             the
             good
             Opinions
             of
             so
             considerable
             a
             party
             towards
             them
             .
             And
             therefore
             Edward
             the
             Fourth
             ,
             in
             his
             first
             entrance
             ,
             granted
             to
             the
             Clergie
             ,
             that
             which
             could
             never
             be
             by
             them
             obtained
             from
             any
             of
             the
             foregoing
             Kings
             ,
             
             
               Viz.
               Free
               liberty
               of
               Process
               in
               all
               Cases
               Ecclesiastical
               ,
               and
               in
               Tythes
               of
               Wood
               above
               twenty
               years
               growth
               ;
               and
               in
               case
               they
               were
               troubled
               upon
               the
               Statutes
               of
               Provisors
               ,
               they
               should
               have
               their
               remedy
               in
               the
               Chancery
               against
               those
               Judges
               ,
               and
               their
               Proceedings
               in
               such
               Cases
               there
               to
               be
               cancelled
               .
            
             This
             was
             done
             by
             Charter
             ,
             
             and
             was
             sufficient
             to
             shew
             what
             the
             desire
             of
             the
             Clergie
             ,
             and
             the
             intention
             of
             the
             King
             was
             ,
             
               Viz.
               At
               once
               to
               favour
               the
               Church
               ,
               and
               under
               colour
               of
               favour
               done
               to
               the
               Clergie
               ,
               to
               cancel
               both
               Common
               and
               Statute-Laws
               of
               the
               Kingdom
               ,
               by
               the
               power
               of
               the
               Chancellor's
               Decree
               :
               Nevertheless
               ,
               all
               this
               was
               but
               the
               King's
               breath
               ;
               the
               policy
               changed
               never
               a
               whit
               the
               more
               .
            
             For
             the
             Common
             Law
             held
             on
             its
             course
             ,
             not
             onely
             in
             Cases
             depending
             before
             the
             Holy
             Chair
             ,
             but
             also
             even
             before
             the
             Bishop
             of
             the
             Diocess
             at
             home
             ;
             
             so
             as
             neither
             the
             King
             was
             concluded
             from
             his
             Suit
             ,
             
             nor
             the
             party
             endamaged
             from
             his
             Action
             by
             any
             such
             Charter
             .
             And
             so
             far
             were
             the
             Judges
             of
             the
             Common
             Law
             from
             being
             bound
             by
             the
             Chancery
             in
             such
             Cases
             ,
             
             that
             they
             professed
             they
             would
             not
             delay
             to
             grant
             the
             
               Habeas
               Corpus
            
             ,
             
             to
             deliver
             any
             Prisoner
             by
             Decree
             of
             the
             Chancellour
             in
             any
             Case
             triable
             at
             the
             Common
             Law.
             Much
             less
             did
             the
             Parliament
             favour
             these
             men
             so
             far
             ,
             as
             to
             give
             them
             any
             countenance
             in
             any
             way
             of
             gain
             upon
             themselves
             ;
             but
             rather
             made
             bold
             with
             what
             the
             
             Church-men
             in
             former
             times
             challenged
             as
             their
             own
             ;
             and
             upon
             this
             account
             ,
             whereas
             formerly
             it
             had
             inhibited
             Fairs
             and
             Markets
             upon
             the
             Lord's
             Day
             ,
             Now
             it
             inhibited
             the
             sale
             of
             Boots
             ,
             Shoes
             ,
             &c.
             upon
             that
             day
             ,
             though
             done
             never
             so
             privately
             ;
             which
             they
             did
             at
             the
             first
             onely
             within
             the
             City
             of
             London
             ,
             and
             three
             miles
             thereof
             .
             I
             suppose
             it
             was
             made
             onely
             by
             way
             of
             Trial
             ,
             it
             being
             dangerous
             in
             such
             times
             to
             give
             a
             stop
             to
             all
             England
             at
             once
             ;
             otherwise
             it
             might
             be
             wondered
             ,
             why
             God's
             Honour
             should
             be
             better
             regarded
             in
             London
             than
             in
             all
             the
             Realm
             besides
             .
             Of
             this
             encroachment
             we
             find
             no
             complaint
             made
             by
             the
             Church-men
             ;
             another
             touched
             them
             to
             the
             quick
             ,
             although
             it
             befel
             onely
             the
             Arch-bishoprick
             of
             York
             ,
             that
             hitherto
             held
             ordinary
             Jurisdiction
             over
             all
             the
             Bishops
             of
             Scotland
             ,
             as
             being
             their
             Provincial
             .
             Now
             it
             is
             disclaimed
             by
             them
             all
             ;
             and
             they
             are
             backed
             therein
             by
             their
             King
             ,
             under
             pretence
             of
             great
             inconvenience
             to
             his
             Bishops
             in
             their
             so
             far
             Travels
             ;
             but
             in
             truth
             ,
             not
             unlike
             to
             Jeroboam
             ,
             though
             he
             pretended
             it
             was
             too
             much
             for
             them
             ,
             yet
             he
             thought
             it
             unsafe
             for
             himself
             that
             his
             Bishops
             should
             owe
             Canonical
             obedience
             to
             the
             Subject
             of
             another
             Prince
             ;
             and
             upon
             this
             ground
             prevailed
             with
             Pope
             Sixtus
             the
             Fourth
             to
             make
             the
             Divorce
             ,
             and
             left
             it
             to
             future
             Ages
             to
             try
             the
             validity
             thereof
             ,
             if
             they
             would
             .
          
           
             This
             is
             all
             that
             I
             shall
             observe
             of
             the
             Government
             of
             these
             three
             Kings
             ,
             whose
             Reigns
             in
             the
             whole
             ,
             exceeded
             not
             Twenty
             six
             years
             ;
             and
             their
             compleat
             power
             therein
             ,
             not
             much
             above
             half
             so
             many
             .
          
        
         
           
             CHAP.
             XXVI
             .
             A
             short
             sum
             of
             the
             Reigns
             of
             Henry
             the
             Seventh
             ,
             and
             Henry
             the
             Eighth
             .
          
           
             THe
             course
             of
             English
             policie
             hitherto
             wandring
             in
             the
             different
             Currents
             ,
             springing
             from
             the
             double
             head
             of
             Monarchie
             and
             Democracie
             ;
             and
             in
             them
             likewise
             often
             tossed
             up
             and
             down
             ,
             partly
             by
             the
             blasts
             of
             windy
             Titles
             and
             pretensions
             ,
             and
             partly
             by
             the
             raging
             Tides
             from
             the
             Roman
             See
             ,
             now
             begin
             to
             come
             to
             anchor
             within
             view
             of
             Shore
             .
             Happy
             England
             ,
             if
             the
             same
             prove
             good
             Harbourage
             for
             a
             fainting
             Nation
             !
             Two
             Kings
             now
             undertake
             the
             Steerage
             ;
             the
             work
             of
             the
             first
             ,
             was
             to
             still
             the
             Winds
             ,
             the
             other
             the
             Seas
             ,
             and
             so
             to
             bring
             the
             Adventure
             safe
             home
             .
             Henry
             the
             Seventh
             hapned
             upon
             a
             good
             preparative
             for
             this
             work
             ,
             in
             that
             he
             delivered
             the
             Kingdom
             from
             a
             Tyrant
             ,
             whose
             irregular
             and
             bloody
             way
             was
             so
             odious
             to
             the
             people
             ,
             that
             it
             set
             a
             foil
             upon
             his
             Successor's
             Government
             ,
             and
             made
             his
             Wisdom
             ,
             Valour
             ,
             and
             Justice
             appear
             greater
             than
             possibly
             it
             was
             .
             His
             Valour
             made
             way
             for
             the
             other
             two
             ;
             he
             had
             enough
             thereof
             to
             serve
             a
             wise
             man
             in
             case
             of
             extremity
             :
             at
             other
             times
             he
             made
             more
             use
             of
             his
             Majesty
             than
             Manhood
             ;
             being
             confident
             that
             the
             people
             knew
             not
             where
             to
             mend
             themselves
             ,
             but
             would
             be
             at
             his
             Devotion
             ,
             so
             long
             as
             he
             was
             better
             than
             his
             Predecessor
             ,
             though
             he
             cared
             not
             how
             little
             .
             His
             Wisdom
             was
             his
             greatest
             part
             ,
             of
             which
             ,
             upon
             all
             occasions
             ,
             he
             made
             the
             greatest
             improvement
             he
             could
             ,
             without
             reflecting
             upon
             Conscience
             ,
             or
             Religion
             ,
             whereof
             he
             had
             tasted
             no
             more
             than
             would
             render
             him
             a
             civil
             man
             ;
             whereunto
             his
             Education
             did
             lead
             the
             way
             .
             Thus
             ,
             though
             his
             Valour
             brought
             him
             to
             the
             Crown
             ,
             yet
             it
             was
             his
             Wisdom
             that
             setled
             him
             in
             the
             Throne
             .
             For
             
             though
             he
             loved
             himself
             so
             well
             ;
             that
             he
             was
             loth
             to
             pretend
             allowance
             of
             any
             access
             of
             Foreign
             help
             to
             his
             own
             atchievement
             in
             his
             Title
             ,
             or
             that
             he
             was
             guilty
             in
             the
             least
             manner
             in
             his
             entry
             upon
             the
             Throne
             ;
             yet
             to
             keep
             danger
             far
             off
             ,
             he
             provided
             one
             guard
             for
             his
             Person
             ,
             and
             many
             for
             his
             Title
             .
          
           
             That
             of
             his
             Person
             ,
             he
             onely
             pretended
             as
             a
             ceremony
             of
             State
             brought
             from
             the
             French
             Court
             ;
             and
             yet
             it
             is
             strange
             that
             it
             went
             so
             well
             down
             with
             a
             
               Free
               people
               .
               For
               that
               Prince
               that
               will
               keep
               Guards
               about
               his
               Person
               in
               the
               midst
               of
               his
               own
               people
               ,
               may
               as
               well
               double
               them
               into
               the
               pitch
               of
               an
               Army
               ,
               whensoever
               he
               pleases
               to
               be
               fearful
               ;
               and
               so
               turn
               the
               Royal
               power
               of
               Law
               ,
               into
               force
               of
               Arms.
            
             But
             it
             was
             the
             French
             fashion
             ,
             and
             the
             King
             's
             good
             hope
             to
             have
             all
             taken
             in
             the
             best
             sence
             .
          
           
             His
             Title
             (
             setting
             aside
             the
             saying
             of
             Philip
             the
             Hardy
             ,
             
               That
               Kingdoms
               onely
               belong
               to
               them
               that
               can
               get
               them
            
             )
             would
             hardly
             endure
             the
             touch
             ,
             
             till
             Pope
             Innocent
             by
             his
             Bull
             confirmed
             the
             Crown
             to
             him
             ,
             to
             hold
             by
             a
             six-fold
             right
             ,
             
               Viz.
               Of
               Inheritance
               ,
               of
               War
               ,
               of
               Espousals
               ,
               of
               Election
               ,
               of
               Gift
               by
               Parliament
               ,
            
             and
             lastly
             ,
             
               of
               Pontifical
               Benediction
            
             ;
             which
             the
             King
             liked
             marvelous
             well
             ;
             and
             the
             rather
             ,
             because
             his
             Title
             by
             Marriage
             was
             buried
             up
             in
             the
             middle
             ,
             and
             so
             made
             the
             less
             noise
             .
             For
             though
             it
             was
             his
             best
             guard
             ,
             yet
             he
             liked
             not
             that
             it
             should
             be
             so
             reputed
             ,
             lest
             his
             Title
             should
             seem
             rather
             conferred
             upon
             him
             ,
             than
             gained
             by
             him
             ;
             and
             so
             should
             hold
             by
             a
             Woman
             ,
             or
             at
             the
             best
             by
             the
             courtesie
             of
             England
             ,
             if
             the
             Peoples
             favour
             should
             so
             far
             extend
             the
             Law
             in
             that
             point
             ;
             by
             both
             which
             he
             holds
             the
             honour
             
               of
               a
               compleat
               King
               diminished
            
             .
             His
             Title
             by
             Inheritance
             is
             much
             disputable
             ,
             if
             the
             right
             Heirs
             of
             John
             of
             Gaunt
             be
             enquired
             after
             :
             And
             much
             more
             that
             of
             War
             ;
             for
             although
             that
             brought
             the
             Possession
             ,
             yet
             no
             right
             or
             Title
             ,
             but
             by
             wrong
             ;
             which
             may
             indeed
             be
             plaistered
             over
             by
             Election
             ,
             or
             Act
             of
             Parliament
             ;
             but
             then
             he
             must
             be
             Tenant
             to
             the
             People
             .
             As
             touching
             the
             
               Pontifical
               Benediction
            
             ,
             himself
             took
             that
             but
             as
             a
             redundancy
             ,
             that
             might
             sway
             with
             the
             Clergie
             ,
             and
             do
             his
             Title
             no
             hurt
             .
             Nevertheless
             ,
             what
             severally
             they
             cannot
             do
             ,
             by
             joynt
             concurrence
             he
             accounts
             so
             fully
             done
             ,
             as
             if
             he
             were
             a
             King
             against
             all
             the
             World
             ,
             
             and
             more
             .
             Yet
             is
             he
             not
             sure
             enough
             ,
             but
             as
             one
             jealous
             is
             more
             tender
             ,
             so
             is
             his
             eye
             ever
             upon
             his
             Title
             ;
             there
             is
             his
             guard
             ,
             and
             regard
             ;
             as
             if
             it
             were
             the
             outworks
             of
             his
             Crown
             ,
             which
             once
             lost
             ,
             the
             Crown
             cannot
             hold
             out
             long
             .
             In
             this
             work
             he
             minded
             so
             much
             his
             Greatness
             ,
             that
             he
             lost
             the
             repute
             of
             his
             Goodness
             .
             Then
             casting
             his
             eye
             upon
             the
             Government
             ,
             and
             finding
             it
             of
             a
             mixt
             temper
             ,
             wherein
             if
             Royalty
             prevails
             not
             ,
             Popularity
             will
             ;
             like
             a
             good
             Souldier
             ,
             whilst
             his
             strength
             is
             full
             ,
             he
             sallies
             upon
             the
             peoples
             liberties
             ,
             in
             regard
             of
             their
             persons
             ,
             with
             such
             cunning
             conveyance
             ,
             as
             he
             taught
             the
             People
             to
             dance
             more
             often
             and
             better
             to
             the
             tune
             of
             Prerogative
             and
             Allegiance
             ,
             than
             all
             his
             Predecessors
             had
             done
             .
             Nor
             did
             the
             People
             perceive
             it
             ,
             till
             they
             were
             over
             their
             Shoes
             ;
             and
             then
             they
             clearly
             saw
             their
             condition
             ,
             and
             that
             it
             was
             in
             vain
             for
             them
             to
             wrangle
             with
             their
             own
             acts
             ;
             of
             which
             more
             particularly
             in
             the
             next
             Chapter
             .
             The
             Legiance
             of
             persons
             of
             the
             People
             once
             gained
             ,
             their
             Estates
             more
             easily
             follow
             :
             And
             therefore
             though
             in
             the
             former
             he
             wrought
             by
             Ambuscado
             ,
             in
             this
             he
             may
             be
             more
             brave
             ,
             and
             charge
             them
             in
             the
             Van.
             Yet
             this
             he
             did
             also
             by
             degrees
             ;
             first
             by
             light
             skirmishes
             of
             borrowing
             smaller
             sums
             of
             money
             (
             possibly
             when
             he
             had
             no
             need
             )
             and
             paying
             them
             again
             ,
             thereby
             to
             gain
             credit
             for
             greater
             sums
             ,
             of
             which
             he
             intended
             not
             so
             sudden
             return
             .
             Then
             he
             charges
             them
             home
             with
             Benevolences
             ;
             (
             a
             trick
             gained
             in
             right
             of
             his
             Wife
             from
             her
             Father
             )
             
             for
             he
             hoped
             that
             the
             person
             of
             Richard
             the
             Third
             was
             now
             become
             so
             abominable
             ,
             as
             his
             Laws
             would
             be
             the
             less
             regarded
             .
             But
             in
             this
             course
             he
             gained
             nothing
             but
             Wind.
             Then
             (
             as
             Edward
             the
             Fourth
             )
             he
             falls
             upon
             
               Malevolences
               of
               Penal
               Laws
            
             ;
             things
             made
             
               in
               terrorem
            
             ,
             to
             scare
             men
             to
             obedience
             ,
             rather
             than
             to
             compel
             them
             ;
             but
             are
             now
             executed
             
               Ad
               angorem
            
             ;
             and
             the
             people
             find
             that
             he
             is
             but
             a
             word
             and
             a
             blow
             with
             them
             :
             and
             thus
             ,
             serving
             his
             Prerogative
             with
             Power
             ,
             and
             his
             Purse
             with
             his
             Prerogative
             ,
             he
             made
             all
             serve
             his
             own
             turn
             ,
             
             
               Humanitatem
               omnem
               vincente
               periculo
            
             .
          
           
             In
             the
             Field
             he
             always
             put
             his
             Wisdom
             in
             the
             Van
             ;
             for
             as
             he
             was
             parsimonious
             in
             expences
             of
             Money
             ,
             so
             much
             rather
             of
             Bloud
             ,
             if
             he
             could
             prevail
             by
             Wit.
             Generally
             he
             was
             the
             first
             in
             Arms
             ,
             to
             make
             men
             believe
             he
             was
             more
             ready
             to
             fight
             than
             they
             .
             Thus
             he
             many
             times
             gained
             the
             advantage
             of
             his
             Adversaries
             ,
             and
             sometimes
             came
             off
             without
             blows
             .
             In
             the
             Battle
             he
             did
             put
             on
             courage
             as
             he
             did
             his
             Armour
             ,
             and
             would
             dare
             to
             adventure
             just
             as
             far
             as
             a
             General
             should
             ;
             as
             if
             he
             had
             ever
             regard
             of
             his
             Crown
             ,
             rather
             than
             of
             the
             honour
             of
             a
             forward
             Souldier
             ;
             which
             nevertheless
             was
             also
             so
             dear
             to
             him
             ,
             as
             he
             is
             seldom
             found
             in
             the
             Rear
             ,
             although
             his
             Judgement
             commanded
             in
             chief
             ,
             rather
             than
             his
             Courage
             .
             In
             the
             Throne
             he
             is
             much
             more
             wise
             ,
             because
             he
             was
             willing
             it
             should
             be
             known
             .
             In
             doing
             Justice
             he
             is
             seldom
             suspected
             ,
             unless
             where
             himself
             is
             party
             ;
             and
             yet
             then
             he
             is
             also
             so
             shame-faced
             ,
             as
             he
             would
             ever
             either
             stalk
             behind
             some
             Law
             that
             had
             a
             semblance
             to
             his
             ends
             ,
             or
             when
             he
             meant
             to
             step
             out
             of
             the
             way
             ,
             he
             would
             put
             his
             Ministers
             before
             ;
             not
             so
             much
             that
             his
             fineness
             might
             be
             known
             ,
             but
             his
             Royalty
             .
             For
             the
             Lion
             hunts
             not
             its
             own
             prey
             ,
             nor
             is
             it
             Regal
             for
             a
             King
             to
             be
             seen
             in
             catching
             of
             Money
             ,
             though
             he
             be
             understood
             .
             Besides
             ,
             it
             was
             needless
             ;
             he
             had
             
               Lords
               ,
               Bishops
               ,
               Judges
            
             ,
             and
             other
             instruments
             of
             malevolent
             aspects
             ,
             as
             so
             many
             Furies
             ,
             outwardly
             resembling
             men
             for
             the
             Commonwealth
             ,
             but
             working
             for
             the
             common
             mischief
             ;
             like
             some
             Pictures
             ,
             one
             way
             looking
             right
             ,
             and
             another
             way
             looking
             wrong
             .
             And
             thus
             the
             King
             comes
             lawfully
             by
             what
             he
             catched
             ,
             though
             his
             instruments
             did
             not
             ;
             and
             must
             be
             still
             holden
             for
             a
             good
             King
             ,
             though
             it
             be
             his
             hard
             hap
             to
             have
             ill
             servants
             .
             Take
             him
             now
             amongst
             the
             people
             ,
             he
             is
             alike
             to
             all
             ,
             yea
             in
             some
             things
             that
             might
             seem
             to
             brush
             upon
             the
             King
             's
             own
             train
             ;
             for
             he
             had
             some
             of
             his
             suit
             that
             were
             not
             altogether
             of
             his
             mind
             ,
             and
             these
             he
             would
             spare
             to
             the
             course
             of
             Justice
             if
             need
             were
             .
             As
             it
             befel
             in
             the
             case
             of
             the
             Duke
             of
             Suffolk
             ,
             whom
             he
             suffered
             to
             be
             tried
             at
             the
             Kings
             Bench-bar
             ,
             for
             a
             Murder
             done
             upon
             a
             mean
             person
             ,
             and
             by
             such
             means
             obtained
             the
             repute
             of
             a
             zealous
             Justiciar
             ;
             as
             if
             Justice
             had
             been
             his
             principal
             vertue
             .
             All
             this
             suited
             well
             with
             his
             main
             end
             ;
             for
             he
             that
             will
             milk
             his
             Cattle
             ,
             must
             feed
             them
             well
             ;
             and
             it
             encourages
             men
             to
             gather
             and
             lay
             up
             ,
             when
             they
             have
             Law
             to
             hold
             by
             what
             they
             have
             .
          
           
             His
             Religion
             ,
             I
             touch
             upon
             in
             the
             last
             place
             ,
             as
             most
             proper
             to
             his
             temper
             ;
             for
             it
             was
             the
             last
             in
             his
             thought
             ,
             though
             many
             times
             the
             first
             in
             the
             acting
             .
             But
             where
             it
             stood
             in
             his
             way
             ,
             he
             turned
             it
             behind
             him
             ;
             he
             made
             Church-men
             his
             instruments
             ,
             that
             the
             matter
             might
             better
             relish
             ;
             for
             who
             will
             expect
             ought
             save
             well
             from
             
               men
               of
               Religion
            
             ?
             and
             then
             if
             the
             worst
             come
             ,
             he
             was
             but
             misled
             by
             such
             ,
             as
             in
             common
             reason
             ought
             to
             be
             trusted
             .
             And
             it
             is
             his
             unhappiness
             to
             meet
             ,
             with
             Clergy-men
             to
             serve
             a
             turn
             ,
             and
             a
             Pope
             to
             give
             his
             Benediction
             to
             all
             .
             Nor
             was
             this
             Gratis
             ;
             for
             there
             were
             as
             many
             mutual
             engagements
             between
             the
             Clergie
             and
             him
             ,
             
             as
             any
             of
             his
             Predecessors
             of
             the
             House
             of
             Lancaster
             besides
             .
             Lastly
             ,
             It
             may
             well
             be
             supposed
             ,
             however
             wise
             this
             King
             seemed
             to
             be
             ,
             that
             many
             saw
             through
             him
             ;
             which
             procured
             him
             a
             troublesome
             Reign
             ;
             though
             many
             times
             occasioned
             by
             his
             own
             interposing
             in
             Foreign
             Interests
             ,
             wherein
             he
             suffered
             more
             from
             others
             than
             they
             from
             him
             .
             Amongst
             the
             rest
             ,
             the
             Dutchess
             of
             Burgundy
             (
             though
             a
             Woman
             she
             were
             )
             mated
             him
             with
             Phantomes
             and
             Apparitions
             of
             dead
             Bodies
             of
             the
             House
             of
             York
             ;
             the
             scare
             whereof
             put
             the
             King
             and
             all
             his
             people
             in
             alarm
             ;
             and
             striking
             at
             idle
             shadows
             ,
             slew
             one
             another
             .
             All
             which
             ,
             together
             with
             the
             appearances
             of
             
               Collections
               ,
               Taxes
            
             ,
             and
             other
             accoutrements
             to
             furnish
             such
             employments
             ,
             were
             enough
             to
             disturb
             that
             ease
             and
             rest
             that
             the
             King
             aimed
             to
             enjoy
             ;
             make
             him
             burthensome
             to
             his
             people
             ,
             and
             both
             himself
             and
             them
             weary
             of
             each
             other
             .
             And
             so
             he
             went
             down
             to
             the
             Grave
             with
             but
             a
             dry
             Funeral
             ;
             leaving
             no
             better
             testimonie
             behind
             him
             ,
             than
             that
             he
             was
             a
             cunning
             man
             ,
             rather
             than
             a
             wise
             English
             King.
             And
             though
             he
             died
             rich
             ,
             yet
             is
             he
             since
             grown
             into
             debt
             to
             the
             Pen-men
             of
             his
             story
             ,
             that
             by
             their
             own
             excellencie
             have
             rendred
             him
             a
             better
             King
             than
             he
             was
             .
          
           
             Henry
             the
             Eighth
             was
             a
             Conception
             in
             whom
             the
             two
             Bloods
             both
             of
             York
             and
             Lancaster
             did
             meet
             ,
             
             both
             of
             them
             unconquered
             ,
             both
             of
             them
             predominant
             ;
             and
             therefore
             no
             wonder
             if
             he
             was
             a
             man
             beyond
             the
             ordinary
             proportion
             of
             other
             men
             in
             stature
             of
             Body
             ,
             and
             in
             qualities
             of
             Mind
             not
             disproportionable
             .
             It
             is
             regularly
             true
             ,
             that
             great
             Bodies
             move
             slowly
             ;
             but
             it
             holds
             not
             where
             much
             Spirit
             is
             :
             and
             it
             was
             the
             condition
             of
             this
             Prince
             to
             have
             a
             Spirit
             of
             the
             largest
             size
             ,
             that
             acted
             him
             into
             motion
             with
             no
             less
             speed
             than
             mighty
             power
             .
             This
             himself
             understood
             right
             well
             ,
             and
             therefore
             might
             be
             haughty
             upon
             a
             double
             Title
             ,
             both
             of
             Purchase
             and
             Inheritance
             .
             Nor
             did
             he
             fail
             of
             expectation
             herein
             ;
             for
             he
             could
             not
             endure
             that
             man
             that
             would
             own
             his
             right
             in
             competition
             with
             King's
             aims
             ,
             and
             therefore
             would
             have
             his
             Kingdom
             be
             like
             his
             Doublet
             ,
             to
             keep
             him
             warm
             ,
             and
             yet
             sit
             loose
             about
             him
             ,
             that
             he
             might
             have
             elbow-room
             .
             Suitable
             hereunto
             were
             his
             undertakings
             ,
             invited
             thereunto
             by
             the
             inordinate
             motions
             ,
             or
             rather
             commotions
             of
             his
             neighbouring
             Princes
             :
             For
             it
             was
             now
             full
             Sea
             in
             all
             Countries
             ;
             and
             though
             England
             was
             inferiour
             to
             some
             of
             them
             ,
             yet
             the
             King
             held
             it
             dishonourable
             for
             him
             not
             to
             adventure
             as
             far
             as
             the
             bravest
             of
             them
             ;
             and
             in
             the
             end
             out-went
             them
             all
             .
             What
             he
             wanted
             in
             number
             ,
             he
             supplied
             in
             courage
             ;
             wherein
             he
             so
             exceeded
             ,
             that
             he
             avoided
             dangers
             rather
             out
             of
             Judgement
             than
             Fear
             .
             His
             thoughts
             ,
             Resolutions
             ,
             Endeavours
             ,
             and
             Actions
             ,
             were
             all
             the
             birth
             of
             Occasion
             ,
             and
             of
             each
             other
             ;
             as
             if
             he
             had
             obtained
             a
             general
             Pass
             from
             Providence
             ,
             with
             warranty
             against
             all
             Counter-guards
             whatsoever
             .
          
           
             His
             Wisdom
             served
             him
             to
             espie
             present
             opportunities
             ,
             rather
             than
             to
             foresee
             them
             ;
             and
             therefore
             was
             not
             so
             crafty
             as
             his
             Father
             in
             preventing
             occasions
             ,
             yet
             more
             dexterous
             in
             giving
             them
             the
             rout
             .
             For
             he
             could
             manage
             his
             hand
             and
             foot
             better
             than
             his
             Father
             ,
             strike
             downright
             blows
             ;
             and
             rather
             than
             he
             would
             fail
             of
             his
             ends
             ,
             would
             make
             one
             ,
             as
             many
             times
             he
             did
             .
          
           
             Another
             advantage
             he
             had
             of
             his
             Father
             :
             for
             considering
             the
             times
             ,
             he
             was
             a
             learned
             King
             ,
             which
             made
             his
             Actions
             carry
             more
             Majestie
             ,
             
             and
             like
             a
             well-feathered
             Arrow
             from
             a
             strong
             had
             ,
             drive
             through
             the
             wind
             steadily
             to
             the
             mark
             :
             Whenas
             his
             Father
             ,
             like
             a
             weak
             Archer
             ,
             must
             raise
             his
             compass
             ,
             and
             crave
             aid
             of
             the
             Wind
             to
             help
             him
             to
             be
             right
             in
             the
             end
             .
          
           
             It
             is
             affirmed
             by
             some
             ,
             that
             Henry
             the
             Eighth
             was
             courteous
             ,
             and
             debonair
             ;
             if
             so
             ,
             he
             must
             thank
             his
             Education
             :
             but
             it
             may
             be
             rather
             supposed
             ,
             that
             upon
             occasion
             he
             used
             the
             art
             of
             Insinuation
             ,
             which
             he
             might
             learn
             both
             from
             the
             Father-side
             and
             Mother-side
             ;
             but
             he
             neither
             practised
             it
             much
             ,
             nor
             did
             he
             rely
             upon
             that
             skill
             ;
             for
             his
             resolution
             led
             him
             to
             cut
             the
             knot
             that
             he
             could
             not
             untie
             .
             His
             Learning
             led
             him
             most
             to
             Divinity
             ,
             and
             therein
             shewed
             him
             light
             enough
             to
             see
             much
             into
             the
             Mystery
             of
             Iniquity
             ,
             which
             he
             did
             explain
             to
             the
             World
             passing
             well
             ;
             but
             as
             touching
             Devotion
             ,
             he
             left
             that
             to
             the
             care
             of
             the
             Church-men
             .
          
           
             He
             was
             very
             well
             accommodated
             with
             Money
             :
             First
             ,
             from
             the
             full
             Coffers
             left
             by
             his
             Father
             ,
             much
             whereof
             he
             spent
             in
             Pastimes
             and
             Gallantry
             ,
             as
             he
             was
             Heir
             to
             Edward
             the
             Fourth
             ;
             and
             much
             also
             in
             his
             Devotion
             to
             the
             Pope
             ,
             as
             he
             was
             Heir
             to
             Henry
             the
             Seventh
             ;
             in
             lieu
             of
             all
             which
             ,
             he
             was
             rewarded
             with
             a
             Title
             ,
             
               Defender
               of
               the
               Faith
            
             ;
             and
             so
             of
             much
             ill
             gotten
             ,
             was
             much
             ill
             spent
             .
             But
             a
             better
             supply
             he
             had
             when
             Rome
             and
             he
             parted
             asunder
             ,
             and
             the
             Current
             of
             the
             Riches
             of
             the
             Clergie
             was
             stopped
             from
             running
             at
             waste
             ,
             and
             returned
             into
             the
             Kings
             own
             Treasury
             ;
             and
             so
             might
             have
             died
             the
             richest
             Prince
             in
             the
             World
             ,
             but
             that
             he
             wanted
             the
             main
             Clause
             in
             the
             Conveyance
             ,
             
               To
               have
               and
               to
               hold
            
             .
             The
             Wisdom
             of
             God
             so
             ordered
             it
             ;
             for
             these
             felicities
             were
             too
             great
             and
             many
             for
             any
             moderate
             spirit
             to
             bear
             gently
             ,
             much
             more
             for
             the
             King's
             Spirit
             ,
             that
             was
             ever
             on
             the
             Pinacle
             ,
             and
             grown
             to
             that
             height
             ,
             that
             like
             an
             embossed
             Stag
             ,
             none
             must
             cope
             with
             him
             ,
             he
             must
             run
             and
             out-run
             all
             ;
             none
             must
             cross
             him
             under
             extream
             peril
             ;
             no
             good
             is
             to
             be
             done
             ,
             but
             by
             following
             afar
             off
             .
             Nor
             is
             it
             a
             full
             wonder
             ,
             if
             in
             this
             his
             heat
             he
             knows
             neither
             faithful
             Servant
             ,
             Counsellor
             ,
             nor
             Wife
             ,
             but
             strikes
             at
             all
             that
             stands
             in
             his
             way
             .
             Nevertheless
             ,
             in
             his
             cool
             temper
             ,
             and
             when
             he
             was
             entangled
             with
             some
             perplexed
             occasion
             ,
             he
             could
             use
             the
             advantage
             of
             good
             Counsel
             ,
             and
             the
             wits
             of
             others
             that
             were
             more
             crafty
             than
             himself
             .
             Wherein
             it
             was
             his
             good
             hap
             to
             have
             some
             ever
             nigh
             him
             that
             were
             for
             his
             turn
             ,
             and
             unto
             them
             committed
             much
             ,
             that
             himself
             might
             be
             at
             ease
             to
             hear
             good
             news
             of
             successful
             dispatches
             .
          
           
             In
             his
             youth
             he
             was
             served
             by
             the
             wise
             Counsellors
             trained
             up
             by
             his
             Father
             ;
             and
             he
             then
             willingly
             enough
             ,
             for
             his
             pleasure
             ,
             was
             contented
             by
             their
             advice
             to
             serve
             his
             people
             for
             a
             time
             ,
             that
             they
             might
             be
             his
             Servants
             for
             ever
             .
             The
             two
             great
             Conduit-Pipes
             of
             this
             Treasury
             ,
             which
             he
             had
             from
             his
             Father
             ,
             he
             cut
             off
             at
             his
             peoples
             request
             ,
             as
             if
             he
             loved
             his
             People
             above
             all
             his
             Riches
             .
             And
             after
             that
             ,
             he
             laid
             aside
             his
             pleasures
             and
             youthful
             company
             ,
             to
             apply
             himself
             more
             closely
             to
             the
             affairs
             of
             his
             Kingdom
             ,
             as
             if
             he
             loved
             that
             above
             all
             pleasure
             :
             which
             nevertheless
             stuck
             to
             him
             so
             long
             as
             he
             lived
             ,
             and
             swayed
             too
             much
             in
             the
             greatest
             Affairs
             of
             his
             Government
             .
          
           
             Thus
             the
             first
             heat
             of
             his
             course
             was
             run
             well
             ,
             so
             long
             as
             the
             Privy
             Council
             continued
             moderately
             poised
             .
             But
             no
             sooner
             began
             one
             of
             them
             to
             put
             up
             beyond
             his
             place
             ,
             and
             to
             bid
             adieu
             to
             the
             advice
             of
             all
             the
             rest
             ,
             but
             he
             gets
             the
             uppermost
             seat
             in
             the
             King's
             Head
             ,
             makes
             a
             Foot-stool
             
             of
             the
             King's
             Heart
             ,
             and
             then
             it
             is
             two
             to
             one
             that
             the
             people
             in
             such
             cases
             must
             bear
             the
             greater
             burthen
             :
             For
             whoever
             first
             said
             it
             ,
             he
             said
             most
             true
             ,
             
               That
               Prerogative
               in
               the
               hand
               of
               a
               King
               ,
               is
               a
               Scepter
               of
               Gold
               ;
               but
               in
               the
               hand
               of
               a
               Subject
               ,
               it
               is
               a
               Rod
               of
               Iron
               .
            
             The
             Reign
             of
             this
             King
             Henry
             the
             Eighth
             ,
             serves
             us
             with
             much
             experience
             of
             this
             kind
             ;
             for
             if
             the
             consideration
             of
             the
             Affairs
             of
             this
             Government
             should
             be
             divided
             ,
             the
             same
             would
             be
             double
             :
             the
             one
             under
             the
             Regiment
             of
             Cardinal
             Wolsey
             ;
             the
             other
             of
             the
             King
             ,
             by
             
               Cromwel
               ,
               Cranmer
               ,
               Gardiner
            
             ,
             and
             others
             interchangeably
             .
             I
             call
             that
             of
             Wolsey
             a
             Regiment
             ;
             for
             he
             was
             in
             the
             nature
             or
             condition
             of
             a
             Pro-Rex
             ,
             during
             the
             Kings
             Juvenility
             .
             This
             fortune
             thus
             super-induced
             upon
             a
             Cardinal
             ,
             (
             raised
             from
             mean
             degree
             to
             be
             
               Legate
               à
               Latere
            
             ,
             courted
             by
             Foreign
             Princes
             ,
             
             slattered
             by
             the
             Emperour
             with
             Titles
             of
             Son
             and
             Cousin
             )
             made
             him
             lead
             a
             dance
             ,
             that
             the
             King
             (
             however
             active
             he
             was
             )
             is
             put
             to
             his
             career
             to
             hold
             him
             company
             ;
             which
             the
             King
             perceiving
             ,
             tripped
             up
             his
             heels
             ,
             and
             left
             the
             Archbishop
             ,
             the
             Chancellour
             ,
             the
             Cardinal
             ,
             the
             Legate
             ,
             and
             many
             more
             with
             him
             ,
             lying
             on
             the
             ground
             .
             
               No
               pride
               like
               to
               that
               of
               the
               Clergie
               ,
               whose
               parts
               are
               more
               sublime
               ,
               and
               apprehensions
               clear
               .
            
             If
             God
             addeth
             not
             a
             superiour
             Work
             to
             rule
             over
             all
             ,
             
               a
               little
               honour
               will
               blow
               up
               all
               with
               powder
               .
            
             The
             King
             having
             thus
             matched
             the
             Cardinal
             ,
             forgot
             his
             former
             natural
             pace
             ;
             and
             once
             in
             a
             heat
             ,
             could
             cool
             no
             more
             till
             death
             cooled
             him
             .
             He
             knew
             by
             experience
             ,
             that
             the
             Cardinal
             could
             over-awe
             the
             people
             ;
             why
             should
             not
             the
             King
             do
             as
             much
             ?
             if
             the
             Lords
             stooped
             to
             the
             Cardinal
             ,
             why
             not
             much
             rather
             to
             the
             King
             ?
             The
             Cardinal
             pulled
             down
             ,
             reared
             up
             ,
             turned
             square
             to
             round
             ;
             why
             should
             he
             be
             less
             than
             his
             Subjects
             ?
             Such
             conceits
             as
             these
             soon
             wound
             up
             the
             Kings
             mind
             to
             that
             height
             ,
             that
             it
             is
             death
             to
             him
             to
             stoop
             one
             inch
             lower
             to
             more
             moderate
             advice
             ,
             though
             he
             loved
             their
             persons
             never
             so
             well
             :
             but
             all
             must
             be
             content
             with
             the
             weight
             of
             his
             arm
             ,
             though
             it
             were
             no
             small
             one
             ;
             and
             yet
             in
             point
             of
             Religion
             ,
             affairs
             tended
             to
             a
             kind
             of
             Reformation
             all
             this
             while
             .
          
        
         
           
             CHAP.
             XXVII
             .
             Of
             the
             State
             of
             the
             Crown
             .
          
           
             THat
             the
             Crown
             of
             England
             now
             abounded
             more
             in
             Flowers
             than
             Crosses
             ,
             the
             Face
             of
             Story
             doth
             hold
             forth
             to
             ordinary
             Observation
             ;
             and
             yet
             few
             are
             satisfied
             ,
             either
             in
             the
             true
             nature
             of
             the
             particular
             advantages
             ,
             or
             in
             the
             manner
             how
             they
             were
             obtained
             ,
             or
             in
             the
             continuance
             .
             I
             must
             therefore
             make
             a
             little
             stop
             upon
             them
             ,
             because
             in
             the
             true
             discerning
             of
             them
             ,
             the
             discovery
             of
             the
             nature
             of
             the
             Government
             in
             latter
             days
             doth
             much
             depend
             .
             Hitherto
             the
             Crown
             came
             short
             of
             absolute
             power
             over
             the
             people
             ,
             upon
             two
             grounds
             in
             observation
             :
             one
             relating
             to
             the
             Clergie
             ,
             the
             other
             to
             the
             Laity
             .
          
           
             The
             Church-men
             were
             heretofore
             under
             a
             Foreign
             power
             ,
             and
             a
             Foreign
             Law
             ;
             against
             which
             ,
             Kings
             durst
             not
             deeply
             engage
             :
             either
             not
             being
             assured
             of
             their
             own
             Title
             ,
             or
             employed
             in
             pursuit
             of
             other
             game
             ;
             or
             being
             of
             a
             weak
             Spirit
             ,
             were
             scared
             with
             the
             Thunder-bolt
             of
             the
             Pope's
             Curse
             .
             But
             the
             Laity
             were
             under
             another
             Law
             ,
             and
             such
             an
             one
             ,
             as
             by
             clear
             and
             unquestionable
             Custom
             ,
             had
             established
             bounds
             ,
             between
             
             the
             way
             of
             Kings
             ,
             and
             the
             Rights
             of
             the
             People
             .
             Neither
             did
             Kings
             directly
             invade
             those
             Borders
             ,
             either
             led
             thereto
             by
             a
             kind
             of
             Conscience
             in
             such
             of
             them
             as
             were
             morally
             enclined
             ,
             or
             in
             others
             by
             a
             kind
             of
             fear
             of
             raising
             up
             Earthquakes
             from
             beneath
             ,
             which
             commonly
             do
             overthrow
             high
             Towers
             sooner
             than
             Winds
             from
             above
             .
             But
             now
             such
             interests
             are
             laid
             aside
             ,
             fast
             asleep
             ,
             by
             two
             Kings
             :
             Whereof
             one
             cared
             not
             much
             for
             Fear
             ,
             and
             neither
             of
             them
             for
             Conscience
             .
             For
             Henry
             the
             Seventh
             ,
             having
             leisure
             to
             study
             the
             Nature
             ,
             and
             contemplate
             the
             Fashion
             of
             the
             English
             Crown
             ,
             dislikes
             the
             Model
             in
             some
             particulars
             .
             It
             was
             not
             rich
             enough
             ,
             nor
             well
             poised
             to
             his
             mind
             ,
             which
             ever
             was
             ,
             not
             to
             be
             poor
             ,
             but
             towards
             his
             latter
             time
             to
             be
             exceeding
             rich
             ;
             as
             supposing
             that
             to
             be
             the
             onely
             way
             to
             be
             more
             desirable
             to
             Friends
             ,
             formidable
             to
             Enemies
             ,
             and
             absolute
             over
             his
             People
             .
             And
             this
             opinion
             of
             his
             missed
             in
             the
             main
             end
             ,
             though
             it
             attained
             his
             immediate
             desire
             .
             For
             by
             mistaking
             the
             right
             way
             ,
             it
             made
             a
             rich
             King
             ,
             but
             not
             a
             rich
             Crown
             .
             He
             delighted
             more
             in
             the
             riches
             of
             his
             People
             ,
             than
             in
             a
             rich
             People
             :
             And
             this
             bred
             no
             good
             blood
             ,
             because
             the
             People
             thought
             that
             the
             Law
             was
             not
             on
             his
             side
             in
             that
             matter
             .
             They
             suffered
             him
             to
             visit
             their
             Purses
             ;
             but
             are
             loth
             it
             should
             prove
             customary
             ,
             lest
             they
             should
             lose
             their
             Common
             Right
             .
             They
             therefore
             chose
             rather
             to
             give
             him
             power
             by
             Act
             of
             Parliament
             ,
             to
             revoke
             Letters-Patents
             ,
             and
             Grants
             ,
             and
             make
             resumptions
             of
             Offices
             ,
             Fees
             ,
             Annuities
             ,
             and
             the
             like
             ;
             that
             he
             might
             rather
             repossess
             his
             own
             ,
             than
             possess
             theirs
             .
             Many
             Penal
             Laws
             likewise
             of
             a
             limited
             and
             Temporary
             regard
             are
             made
             ;
             and
             as
             Cheese
             after
             a
             full
             Dinner
             ,
             they
             close
             up
             all
             with
             Subsidies
             .
             For
             it
             was
             evident
             to
             all
             men
             ,
             that
             the
             Royal
             mind
             of
             the
             King
             served
             no
             further
             than
             to
             take
             what
             was
             given
             ;
             provided
             that
             the
             People
             would
             give
             ,
             what
             else
             would
             be
             taken
             .
             By
             this
             means
             Henry
             the
             Seventh
             left
             rich
             Coffers
             to
             descend
             to
             Henry
             the
             Eighth
             ,
             but
             the
             Crown
             was
             still
             the
             same
             in
             price
             .
          
           
             In
             this
             Act
             of
             the
             Play
             ,
             the
             People
             carry
             away
             the
             plaudite
             .
             The
             second
             Act
             was
             the
             point
             of
             Allegiance
             ,
             wherein
             both
             parts
             carry
             themselves
             so
             cunningly
             ,
             as
             it
             is
             hard
             to
             adjudge
             the
             Garland
             ;
             yet
             it
             may
             be
             thought
             the
             King
             observed
             it
             rather
             ,
             because
             he
             offered
             all
             the
             play
             ,
             whilst
             the
             People
             did
             onely
             lie
             at
             their
             close
             guard
             .
             The
             whole
             project
             consisted
             in
             this
             ,
             to
             gain
             a
             more
             absolute
             Allegiance
             from
             the
             English
             to
             their
             King.
             And
             because
             this
             is
             exemplified
             partly
             in
             War
             ,
             and
             partly
             in
             Peace
             ,
             that
             part
             which
             concerneth
             War
             ,
             will
             more
             properly
             fall
             under
             the
             consideration
             of
             the
             Militia
             :
             and
             therefore
             I
             shall
             refer
             the
             same
             to
             that
             head
             ,
             in
             the
             32
             Chapter
             ensuing
             ;
             and
             will
             come
             to
             the
             second
             consideration
             of
             Allegiance
             in
             relation
             to
             Peace
             ,
             and
             therein
             touch
             upon
             the
             Kings
             power
             in
             making
             of
             Laws
             ,
             and
             of
             Judicature
             according
             to
             those
             Laws
             .
             As
             touching
             the
             
               making
               of
               Laws
            
             ,
             the
             ingenuity
             of
             Henry
             the
             Seventh
             ,
             could
             not
             suffer
             him
             to
             make
             any
             claim
             thereto
             in
             any
             positive
             way
             ;
             yet
             his
             actions
             declare
             that
             his
             heart
             was
             that
             way
             .
             For
             being
             beset
             with
             troubles
             ,
             he
             could
             often
             fancy
             dangers
             ,
             and
             arm
             himself
             ;
             then
             call
             a
             Parliament
             ,
             who
             were
             wise
             enough
             to
             grant
             as
             readily
             as
             he
             asked
             ,
             rather
             than
             to
             be
             compelled
             thereto
             .
             So
             he
             had
             Laws
             made
             according
             to
             his
             own
             Will
             ,
             though
             he
             made
             them
             not
             .
          
           
             The
             matter
             of
             Judicature
             comes
             next
             ;
             
               and
               therein
               he
               made
               his
               Judges
               appear
               ,
               and
               not
               himself
               ;
               though
               they
               did
               not
               onely
               represent
               his
               person
               ,
               but
               his
               mind
               :
               so
               things
               were
               done
               according
               to
               his
               mind
               ,
               though
               he
               did
               
               them
               not
               .
            
             And
             thus
             his
             Excellency
             seemed
             more
             eminent
             in
             finding
             and
             making
             instruments
             fitting
             to
             do
             his
             work
             ,
             than
             in
             doing
             his
             own
             work
             .
             Nevertheless
             ,
             all
             this
             was
             but
             from
             hand
             to
             mouth
             ;
             no
             Fundamental
             Law
             is
             altered
             all
             this
             while
             :
             If
             the
             Laws
             were
             made
             by
             Parliament
             ,
             the
             King
             made
             them
             not
             :
             If
             the
             Judges
             turned
             the
             Law
             to
             the
             King's
             ear
             ,
             the
             Law
             was
             still
             the
             Crown
             ,
             though
             the
             King
             wore
             it
             .
             But
             Henry
             the
             Eighth
             was
             no
             such
             man
             ,
             he
             had
             not
             this
             skill
             of
             undermining
             ,
             nor
             desired
             it
             ;
             he
             was
             tender
             of
             the
             least
             diminution
             of
             his
             Honour
             ,
             industrious
             in
             finding
             out
             the
             occasion
             ,
             and
             a
             most
             resolved
             man
             to
             remove
             it
             out
             of
             the
             way
             ,
             though
             it
             reached
             as
             high
             as
             the
             Triple
             Crown
             .
             A
             man
             underneath
             many
             passions
             ,
             but
             above
             fear
             .
             What
             need
             he
             care
             for
             pretences
             ?
             his
             Father
             loved
             Riches
             ,
             he
             Power
             .
             When
             he
             came
             to
             traverse
             his
             ground
             ,
             he
             found
             quickly
             where
             the
             Church-men
             trespassed
             upon
             him
             ;
             and
             began
             with
             them
             ,
             resting
             upon
             the
             wisdom
             of
             his
             Father
             ,
             and
             the
             infallibility
             of
             the
             Pope
             .
             Henry
             the
             Eighth
             had
             taken
             to
             Wife
             Katherine
             his
             Brothers
             Dowager
             ,
             and
             continued
             in
             that
             condition
             Eighteen
             years
             without
             wrinkle
             of
             Fame
             ,
             till
             the
             great
             Success
             of
             Charles
             the
             Fifth
             ,
             the
             Queens
             Brother
             ,
             against
             the
             Pope
             and
             French
             ,
             scared
             the
             King
             into
             a
             jealousie
             of
             his
             greatness
             ;
             and
             the
             Emperour
             's
             failing
             in
             courtesie
             to
             Cardinal
             Wolsey
             ,
             the
             King
             's
             Achates
             ,
             stirred
             the
             Cardinals
             spirit
             to
             revenge
             ,
             for
             the
             loss
             of
             his
             hopes
             in
             the
             Popedom
             .
             For
             the
             Cardinal
             finding
             the
             King's
             mind
             to
             linger
             after
             another
             Bedfellow
             ,
             by
             whom
             he
             might
             have
             a
             Son
             ,
             he
             made
             the
             French
             Embassadour
             his
             Instrument
             to
             mind
             the
             King
             of
             his
             unlawful
             Marriage
             with
             the
             Queen
             ,
             and
             to
             mention
             unto
             him
             
               Margaret
               D'
               Alanson
            
             a
             Princess
             of
             France
             ,
             
             both
             in
             Bloud
             and
             Beauty
             .
             The
             King
             liked
             the
             notion
             of
             Divorce
             ,
             but
             disliked
             the
             motion
             concerning
             the
             French
             Lady
             ,
             himself
             being
             prepossessed
             with
             a
             fair
             Object
             at
             home
             ,
             the
             Lady
             
               Anne
               Bullen
            
             ,
             
             then
             attending
             upon
             the
             Queen
             .
             And
             thus
             being
             moved
             ,
             he
             entred
             into
             a
             scrutiny
             concerning
             the
             condition
             of
             his
             Marriage
             ;
             wherein
             he
             had
             been
             formerly
             touched
             ,
             both
             by
             the
             French
             and
             Spaniards
             themselves
             ,
             upon
             several
             motions
             made
             .
          
           
             First
             ,
             Between
             Charles
             the
             Fifth
             ,
             and
             afterwards
             between
             the
             Dauphine
             and
             the
             Lady
             Mary
             ,
             
             afterwards
             Queen
             .
             Hereat
             the
             Cardinal
             winked
             all
             the
             while
             ,
             till
             the
             infallibility
             of
             the
             Chair
             of
             Rome
             came
             upon
             the
             Stage
             ;
             then
             bestirring
             his
             Wits
             ,
             he
             lodged
             the
             Case
             upon
             Appeal
             thither
             ,
             as
             he
             hoped
             beyond
             all
             further
             Appeal
             ;
             and
             so
             held
             the
             King
             there
             fast
             ,
             till
             himself
             might
             accomplish
             his
             own
             ends
             .
             But
             the
             Wheel
             once
             set
             a
             running
             ,
             would
             not
             stay
             .
             The
             King
             espies
             the
             Cardinal
             in
             his
             way
             ,
             and
             bears
             him
             down
             :
             Then
             finding
             the
             fallacy
             of
             the
             infallible
             Chair
             ,
             he
             hearkens
             after
             other
             Doctors
             ,
             follows
             their
             light
             :
             and
             being
             loth
             to
             hear
             what
             he
             expected
             from
             Rome
             ,
             he
             stopped
             the
             way
             to
             all
             Importation
             of
             such
             Merchandize
             as
             might
             be
             any
             ways
             prejudicial
             to
             the
             Prerogative
             Royal
             ,
             with
             the
             penalty
             of
             the
             loss
             of
             Land
             ,
             or
             Liberty
             and
             Fine
             ;
             the
             two
             latter
             being
             formerly
             warranted
             by
             Law.
             The
             first
             served
             as
             a
             scare
             :
             for
             (
             though
             it
             were
             but
             by
             Proclamation
             )
             men
             might
             justly
             fear
             that
             he
             who
             was
             so
             stout
             against
             the
             Pope
             ,
             would
             not
             stick
             to
             scourge
             his
             own
             Subjects
             out
             of
             his
             way
             in
             the
             time
             of
             his
             heat
             .
          
           
             The
             King
             thus
             entred
             the
             Lists
             both
             against
             Pope
             and
             Cardinal
             now
             under
             Praemuniri
             ,
             (
             whereof
             he
             died
             )
             meets
             the
             English
             Clergie
             (
             thus
             losing
             their
             Top-gallant
             )
             standing
             up
             in
             the
             Reer
             against
             him
             ,
             and
             talking
             at
             large
             .
             Nevertheless
             ,
             the
             King
             stops
             not
             his
             career
             ,
             puts
             them
             to
             the
             rout
             for
             maintaining
             the
             
               power
               Legatine
            
             .
             They
             soon
             submit
             ,
             crave
             pardon
             ,
             give
             a
             sum
             of
             Money
             ,
             and
             perfume
             their
             Sacrifice
             with
             that
             sweet
             
             Incense
             of
             
               Supream
               Head
               of
               the
               Church
               of
            
             England
             .
             
             This
             was
             done
             ,
             not
             by
             way
             of
             Donation
             ,
             (
             for
             the
             Convocation
             had
             no
             such
             power
             )
             but
             by
             way
             of
             acknowledgement
             ,
             in
             flat
             opposition
             to
             the
             Jurisdiction
             of
             the
             Pope
             .
             It
             became
             the
             common
             subject
             of
             discourse
             amongst
             all
             sorts
             ,
             
             but
             of
             wonderment
             to
             the
             Pope
             .
             Yet
             for
             fear
             of
             worse
             ,
             
             he
             speaks
             fair
             ;
             for
             he
             was
             not
             in
             a
             posture
             to
             contest
             :
             but
             all
             would
             do
             no
             good
             .
             The
             Queen
             had
             appealed
             to
             Rome
             ;
             the
             Pope
             by
             
             Wolsey's
             advice
             makes
             delays
             .
             The
             Parliament
             espying
             the
             advantage
             ,
             at
             once
             took
             all
             Appeals
             to
             Rome
             away
             ,
             
             and
             established
             all
             Sentences
             made
             or
             to
             be
             made
             within
             this
             Land
             ,
             notwithstanding
             any
             Act
             from
             Rome
             ;
             and
             enjoyned
             the
             English
             Clergie
             to
             administer
             the
             several
             Acts
             of
             publick
             Worship
             ,
             notwithstanding
             any
             Inhibition
             or
             Excommunication
             from
             any
             Forein
             pretended
             Power
             .
             The
             grounds
             upon
             the
             Preamble
             of
             the
             Law
             will
             appear
             to
             be
             Two.
             
          
           
             First
             ,
             
               That
               the
               King
               of
            
             England
             
               is
               Supream
               Head
               in
               rendring
               Justice
               within
               the
               Nation
               in
               all
               Causes
               therein
               arising
            
             ;
             which
             is
             more
             than
             the
             Recognizance
             of
             the
             Clergie
             ,
             two
             years
             before
             this
             Act
             ,
             did
             hold
             forth
             .
             Yet
             this
             
               acknowledgement
               is
               not
               absolute
               ,
               but
               in
               opposition
               to
               Forein
               pretensions
               .
            
          
           
             Secondly
             ,
             
               That
               the
               Clergie
               in
            
             England
             
               having
               power
               ,
               may
               in
               matters
               Spiritual
               determine
               all
               doubts
               without
               Forein
               help
               ,
               and
               administer
               such
               Duties
               as
               to
               their
               place
               do
               belong
               .
            
             Not
             hereby
             determining
             that
             the
             Church-men
             ever
             had
             such
             power
             by
             Law
             ,
             nor
             that
             they
             ought
             originally
             to
             have
             such
             power
             .
             They
             never
             had
             it
             ;
             for
             no
             sooner
             were
             they
             dis-joyned
             from
             the
             Laity
             in
             these
             affairs
             ,
             but
             immediately
             they
             were
             under
             the
             Pope
             ,
             and
             received
             their
             power
             from
             him
             .
             And
             ,
             
               de
               Jure
            
             ,
             they
             cannot
             challenge
             such
             power
             ,
             but
             by
             a
             positive
             Law
             ,
             such
             as
             this
             Law
             of
             Henry
             the
             Eighth
             ,
             which
             also
             giveth
             but
             a
             restrictive
             and
             limited
             power
             ,
             
               viz.
               In
               matters
               Testamentary
               ,
               of
               Divorce
               ,
               Matrimony
               ,
               Tythes
               ,
               Oblations
               ,
               and
               Obventions
               .
            
             So
             as
             if
             they
             will
             challenge
             such
             power
             ,
             they
             must
             thank
             the
             Parliament
             for
             it
             ,
             and
             use
             the
             same
             accordingly
             as
             persons
             deputed
             thereunto
             ;
             and
             not
             in
             their
             own
             right
             ,
             or
             right
             of
             their
             places
             .
             In
             all
             this
             the
             King's
             Supremacy
             is
             but
             obscurely
             asserted
             ,
             and
             rather
             by
             implication
             shewing
             what
             in
             reason
             may
             be
             holden
             ,
             than
             by
             declaration
             of
             what
             was
             ;
             making
             way
             thereby
          
           
             First
             ,
             Into
             the
             Opinions
             of
             men
             ,
             before
             they
             were
             enjoyned
             to
             determine
             their
             Actions
             :
             but
             within
             Two
             years
             ensuing
             ,
             or
             thereabout
             ,
             the
             Law
             is
             made
             positive
             .
          
           
             The
             King
             shall
             be
             taken
             and
             accepted
             the
             onely
             Supream
             Head
             on
             Earth
             of
             the
             Church
             of
             England
             ;
             
             and
             have
             power
             to
             visit
             ,
             correct
             ,
             repress
             ,
             redress
             ,
             reform
             ,
             restrain
             ,
             order
             ,
             and
             amend
             ,
             all
             such
             errours
             ,
             heresies
             ,
             abuses
             ,
             offences
             ,
             contempts
             ,
             and
             enormities
             ,
             as
             by
             any
             manner
             of
             Spiritual
             Authority
             ,
             or
             Jurisdiction
             ,
             ought
             or
             may
             lawfully
             be
             reformed
             .
          
           
             Which
             in
             the
             Preamble
             is
             said
             to
             be
             made
             to
             
               confirm
               what
               the
               Clergie
               in
               their
               Convocation
               formerly
               had
               recognized
               .
            
             The
             corpse
             of
             this
             Act
             is
             to
             secure
             the
             King's
             Title
             ,
             the
             King's
             Power
             ,
             and
             the
             King's
             Profit
             .
             As
             touching
             the
             King's
             Title
             ,
             it
             is
             said
             ,
             
               that
               in
               right
               it
               did
               formerly
               belong
               to
               him
            
             ;
             which
             is
             to
             be
             granted
             by
             all
             ,
             so
             far
             as
             the
             power
             is
             rightly
             understood
             .
             But
             as
             touching
             the
             King's
             Profit
             ,
             it
             cannot
             be
             said
             that
             the
             
             whole
             lump
             thereof
             did
             belong
             to
             the
             King
             ,
             because
             much
             thereof
             was
             not
             so
             ancient
             ,
             but
             ,
             
               De
               novo
            
             ,
             raised
             by
             the
             Pope's
             extortion
             ;
             and
             therefore
             the
             true
             and
             real
             profits
             are
             by
             particular
             Acts
             of
             Parliaments
             ensuing
             ,
             in
             special
             words
             devolved
             upon
             him
             .
             The
             nature
             of
             this
             power
             is
             laid
             down
             in
             this
             Statute
             under
             a
             threefold
             expression
             .
          
           
             First
             ,
             It
             is
             a
             visitatory
             ,
             or
             a
             reforming
             power
             ,
             which
             is
             executed
             by
             enquiry
             of
             Offences
             against
             Laws
             established
             ,
             and
             by
             executing
             such
             Laws
             .
          
           
             Secondly
             ,
             It
             is
             an
             
               ordinary
               Jurisdiction
            
             ;
             for
             it
             is
             such
             as
             by
             any
             Spiritual
             Authority
             may
             be
             acted
             against
             Irregularities
             :
             And
             thus
             the
             Title
             of
             
               Supream
               Ordinary
            
             is
             confirmed
             .
          
           
             Thirdly
             ,
             It
             is
             such
             a
             power
             as
             must
             be
             regulated
             by
             Law
             ,
             and
             in
             such
             manner
             as
             by
             any
             Spiritual
             Authority
             may
             lawfully
             be
             reformed
             .
             It
             is
             not
             therefore
             any
             absolute
             
               Arbitrary
               Power
            
             ;
             for
             that
             belongs
             onely
             to
             the
             Supream
             Head
             in
             Heaven
             .
             Nor
             is
             it
             any
             
               Legislative
               Power
            
             ;
             for
             so
             the
             Law
             should
             be
             the
             birth
             of
             this
             power
             ,
             and
             his
             power
             could
             not
             then
             be
             regulated
             by
             the
             Law
             :
             nor
             could
             every
             Ordinary
             execute
             such
             a
             power
             ;
             nor
             did
             Henry
             the
             Eighth
             ever
             make
             claim
             to
             any
             such
             power
             ,
             though
             he
             loved
             to
             be
             much
             trusted
             .
          
           
             Lastly
             ,
             This
             Power
             was
             such
             a
             Power
             as
             was
             gained
             formerly
             from
             the
             King
             by
             Forein
             Usurpation
             ,
             which
             must
             be
             intended
             
               De
               rebus
               licitis
            
             ,
             and
             once
             in
             possession
             of
             the
             Crown
             ,
             or
             in
             right
             thereto
             belonging
             according
             to
             the
             Law.
             For
             the
             King
             hath
             no
             power
             thereby
             to
             confer
             Church-livings
             by
             Provisorship
             ,
             or
             to
             carry
             the
             Keys
             ,
             and
             turn
             the
             infallible
             Chair
             into
             an
             infallible
             Throne
             .
             In
             brief
             ,
             this
             power
             was
             such
             as
             the
             King
             hath
             in
             the
             Commonwealth
             ;
             Neither
             Legislative
             ,
             nor
             Absolute
             in
             the
             executive
             ,
             but
             in
             order
             to
             the
             Unity
             and
             Peace
             of
             the
             Kingdom
             .
             This
             was
             the
             Right
             of
             the
             Crown
             which
             was
             ever
             claimed
             ,
             but
             not
             enjoyed
             further
             than
             the
             English
             Scepter
             was
             able
             to
             match
             the
             Romish
             Keys
             .
             And
             now
             the
             same
             being
             restored
             by
             Act
             of
             Parliament
             ,
             
             is
             also
             confirmed
             by
             an
             Oath
             enjoyned
             to
             be
             taken
             by
             the
             people
             ,
             binding
             them
             
               to
               acknowledge
               the
               King
               under
               God
               supream
               head
               on
               earth
               of
               the
               Church
               of
            
             England
             ,
             
             Ireland
             ,
             
               and
               the
               Kings
               Dominions
               ,
               in
               opposition
               to
               all
               forein
               Jurisdiction
               .
            
          
           
             And
             lastly
             ,
             by
             a
             Law
             which
             bound
             all
             the
             people
             to
             maintain
             the
             Kings
             Title
             of
             
               Defender
               of
               the
               Faith
               ,
               and
               of
               the
               Church
               of
            
             England
             and
             Ireland
             ,
             
               in
               Earth
               the
               supream
               Head
            
             ,
             under
             the
             peril
             of
             Treason
             ,
             in
             every
             one
             that
             shall
             attempt
             to
             deprive
             the
             Crown
             of
             that
             Title
             .
          
           
             We
             must
             descend
             to
             particulars
             ;
             for
             by
             this
             it
             will
             appear
             that
             these
             general
             Laws
             concerning
             the
             Kings
             refined
             Title
             ,
             contained
             little
             more
             than
             matters
             of
             Notion
             ,
             otherwise
             than
             a
             general
             bar
             to
             the
             Popes
             future
             interests
             :
             And
             therefore
             the
             Wisdom
             of
             the
             State
             (
             as
             if
             nothing
             had
             been
             already
             done
             )
             did
             by
             degrees
             parcel
             out
             by
             several
             Acts
             of
             Parliament
             the
             particular
             interests
             of
             the
             Popes
             usurped
             Authority
             ,
             in
             such
             manner
             as
             to
             them
             seemed
             best
             .
          
           
             And
             first
             ,
             concerning
             the
             
               Legislative
               Power
            
             in
             Church-Government
             .
             It
             cannot
             be
             denied
             but
             the
             Pope
             ,
             
               De
               facto
            
             ,
             had
             the
             power
             of
             a
             Negative
             vote
             in
             all
             Councils
             ;
             and
             unto
             that
             had
             also
             a
             binding
             power
             in
             making
             Laws
             ,
             Decrees
             ,
             and
             Decretals
             out
             of
             his
             own
             breast
             :
             but
             this
             was
             gotten
             by
             plunder
             ;
             he
             never
             had
             any
             right
             to
             headship
             of
             the
             Church
             ,
             nor
             to
             any
             such
             
             Power
             in
             right
             of
             such
             preferment
             ;
             nor
             was
             this
             given
             to
             the
             King
             as
             Head
             of
             the
             Church
             ,
             but
             with
             such
             limitation
             and
             qualifications
             ,
             that
             it
             is
             evident
             it
             never
             was
             in
             the
             Crown
             ,
             or
             rightly
             belonging
             thereto
             .
          
           
             First
             ,
             Nigh
             three
             years
             after
             this
             Recognition
             by
             the
             Clergy
             in
             their
             Convocation
             ,
             
             it
             is
             urged
             upon
             them
             and
             they
             pass
             their
             promise
             ,
             
               In
               verbo
               Sacerdotii
            
             .
          
           
             And
             lastly
             ,
             It
             is
             confirmed
             by
             Act
             of
             Parliament
             ,
             
               That
               they
               shall
               never
               make
               ,
               publish
               ,
               or
               execute
               any
               new
               Canon
               ,
               or
               Constitution
               Provincial
               ,
               or
               other
               ,
               unless
               the
               Kings
               Assent
               and
               License
               be
               first
               had
               thereto
            
             ;
             and
             the
             offences
             against
             this
             Law
             ,
             made
             punishable
             by
             Fine
             and
             Imprisonment
             :
             So
             as
             the
             Clergy
             are
             now
             holden
             under
             a
             double
             Bond
             ;
             one
             the
             honour
             of
             their
             Priesthood
             ,
             which
             binds
             their
             Wills
             and
             Consciences
             ;
             the
             other
             the
             Act
             of
             Parliament
             ,
             which
             binds
             their
             powers
             ,
             so
             as
             they
             now
             neither
             will
             nor
             can
             start
             .
             Nevertheless
             ,
             there
             is
             nothing
             in
             this
             Law
             ,
             nor
             in
             the
             future
             practice
             of
             this
             King
             ,
             that
             doth
             either
             give
             or
             assert
             any
             power
             to
             the
             King
             and
             Convocation
             to
             bind
             or
             conclude
             the
             Clergy
             or
             the
             People
             ,
             without
             an
             Act
             of
             Parliament
             concurring
             ,
             and
             inforcing
             the
             same
             .
             And
             yet
             what
             is
             already
             done
             ,
             is
             more
             than
             any
             of
             the
             Kings
             Predecessors
             ever
             had
             in
             their
             possession
             .
          
           
             A
             second
             Prerogative
             was
             a
             definite
             power
             in
             point
             of
             Doctrine
             and
             Worship
             .
             
             For
             it
             is
             enacted
             ,
             
               that
               all
               Determinations
               ,
               Declarations
               ,
               Decrees
               ,
               Definitions
               ,
               Resolutions
               and
               Ordinations
               according
               to
               Gods
               Word
               ,
               and
               Christs
               Gospel
               ,
               by
               the
               Kings
               Advice
               and
               Confirmation
               by
               Letters-patent
               under
               the
               Great
               Seal
               ,
               at
               any
               time
               hereafter
               made
               ,
               and
               published
               by
               the
               Archbishops
               ,
               Bishops
               ,
               and
               Doctors
               now
               appointed
               by
               the
               King
               ,
               or
               the
               whole
               Clergie
               of
            
             England
             ,
             
               in
               matters
               of
               the
               Christian
               Faith
               ,
               and
               lawful
               Rites
               and
               Ceremonies
               of
               the
               Same
               ,
               shall
               be
               by
               the
               People
               fully
               believed
               and
               obeyed
               ,
               under
               penalties
               therein
               comprised
               :
               Provided
               that
               nothing
               be
               done
               contrary
               to
               the
               Laws
               and
               Statutes
               of
               this
               Realm
               .
            
             A
             Law
             of
             a
             new
             birth
             ,
             and
             not
             an
             old
             Law
             newly
             revived
             or
             restored
             .
             This
             the
             present
             occasion
             ,
             and
             the
             natural
             constitution
             of
             the
             Law
             ,
             do
             fully
             manifest
             .
             The
             occasion
             was
             the
             present
             perplexity
             of
             the
             people
             ;
             for
             instead
             of
             the
             Statute
             
               Ex
               officio
            
             ,
             which
             was
             now
             taken
             away
             ,
             
             the
             
               Six
               Articles
            
             ,
             commonly
             called
             the
             
               Six-Stringed
               Whip
            
             ,
             were
             gotten
             into
             power
             by
             a
             more
             legal
             and
             effectual
             Original
             .
             The
             Parliament
             had
             heard
             the
             cries
             of
             the
             People
             concerning
             this
             ;
             and
             having
             two
             things
             to
             eye
             at
             once
             ;
             
             one
             to
             provide
             for
             the
             Peoples
             Liberty
             ,
             and
             further
             security
             against
             Foreign
             pretensions
             ;
             the
             other
             (
             which
             was
             more
             difficult
             )
             for
             the
             liberties
             of
             the
             Consciences
             of
             multitudes
             of
             men
             of
             several
             Opinions
             (
             which
             could
             not
             agree
             in
             one
             judgement
             ,
             and
             by
             discord
             might
             make
             way
             for
             the
             Romish
             party
             to
             recover
             its
             first
             ground
             .
             )
             And
             finding
             it
             impossible
             for
             them
             to
             hunt
             both
             games
             at
             once
             ,
             partly
             because
             themselves
             were
             divided
             in
             opinion
             ,
             and
             the
             bone
             once
             cast
             amongst
             them
             might
             put
             their
             own
             co-existence
             to
             the
             question
             ;
             and
             partly
             because
             the
             work
             would
             be
             long
             ,
             require
             much
             debate
             ,
             and
             retard
             all
             other
             affairs
             of
             the
             Commonwealth
             ,
             which
             were
             now
             both
             many
             and
             weighty
             :
             In
             this
             troubled
             wave
             ,
             they
             therefore
             wisely
             determine
             to
             hold
             on
             their
             course
             in
             that
             work
             which
             was
             most
             properly
             theirs
             ,
             and
             lay
             before
             them
             .
             And
             as
             touching
             this
             matter
             concerning
             Doctrine
             ,
             they
             agreed
             in
             that
             wherein
             they
             could
             agree
             ,
             viz.
             To
             refer
             the
             matter
             to
             the
             King
             and
             persons
             of
             skill
             in
             that
             mystery
             of
             Religion
             ;
             to
             settle
             the
             same
             for
             the
             present
             ,
             till
             the
             Parliament
             had
             better
             leisure
             ,
             the
             people
             more
             light
             ,
             and
             the
             minds
             of
             the
             people
             more
             perswaded
             of
             the
             way
             .
             Thus
             the
             Estates
             and
             Consciences
             of
             the
             people
             for
             
             the
             present
             must
             endure
             ,
             
               In
               deposito
            
             of
             the
             King
             and
             other
             persons
             ,
             that
             a
             kind
             of
             Interim
             might
             be
             composed
             ,
             and
             the
             Church
             for
             the
             present
             might
             enjoy
             a
             kind
             of
             twilight
             ,
             rather
             than
             lie
             under
             continual
             darkness
             ,
             and
             by
             waiting
             for
             the
             Sun-rising
             ,
             be
             in
             a
             better
             preparation
             thereunto
             .
             For
             the
             words
             of
             the
             Statute
             are
             ,
             That
             all
             must
             be
             done
             without
             any
             partial
             respect
             or
             affection
             to
             the
             Papistical
             sort
             ,
             or
             any
             other
             Sect
             or
             Sects
             whatsoever
             .
             Unto
             this
             Agreement
             both
             parties
             were
             inclined
             ,
             by
             divers
             regards
             .
             For
             the
             Romanists
             ,
             though
             having
             the
             possession
             ,
             yet
             being
             doubtful
             of
             their
             strength
             to
             hold
             the
             same
             ,
             if
             it
             came
             to
             the
             push
             of
             the
             Pike
             ,
             in
             regard
             that
             
               the
               House
               of
               Commons
               wanted
               Faith
               ,
            
             as
             the
             Bishop
             of
             Rochester
             was
             pleased
             to
             say
             ,
             in
             the
             House
             of
             Lords
             ;
             and
             that
             liberty
             of
             Conscience
             was
             then
             a
             pleasing
             Theme
             ,
             as
             well
             as
             liberty
             of
             Estates
             ,
             to
             all
             the
             People
             .
          
           
             These
             men
             might
             therefore
             trust
             the
             King
             with
             their
             interests
             ,
             having
             had
             long
             experience
             of
             his
             Principles
             ;
             and
             therefore
             as
             
               Supream
               Head
            
             ,
             they
             held
             him
             most
             meet
             to
             have
             the
             care
             of
             this
             matter
             :
             for
             still
             this
             Title
             brings
             on
             the
             Van
             of
             all
             these
             Acts
             of
             Parliament
             .
             On
             the
             other
             side
             ,
             that
             party
             that
             stood
             for
             Reformation
             ,
             though
             they
             began
             to
             put
             up
             head
             ,
             yet
             not
             assured
             of
             their
             own
             power
             ,
             and
             being
             so
             exceedingly
             oppressed
             with
             the
             
               six
               Articles
            
             ,
             as
             they
             could
             not
             expect
             a
             worse
             condition
             ,
             but
             in
             probability
             might
             find
             a
             better
             ;
             they
             therefore
             also
             cast
             themselves
             upon
             the
             King
             ,
             
             who
             had
             already
             been
             baited
             by
             the
             German
             Princes
             and
             Divines
             ,
             and
             the
             outcries
             of
             his
             own
             People
             ;
             and
             possibly
             might
             entertain
             some
             prejudice
             at
             length
             ,
             at
             that
             manner
             of
             Worship
             ,
             that
             had
             its
             original
             from
             that
             Arch-enemy
             of
             his
             Head-ship
             of
             the
             Church
             of
             England
             .
             Nor
             did
             the
             issue
             fall
             out
             altogether
             unsuitable
             to
             these
             expectations
             :
             For
             the
             King
             did
             somewhat
             to
             unsettle
             what
             was
             already
             done
             ,
             and
             abated
             in
             some
             measure
             the
             flame
             and
             heat
             of
             the
             Statute
             ,
             although
             nothing
             was
             established
             in
             the
             opposite
             thereto
             ,
             but
             the
             whole
             rested
             much
             upon
             the
             disposition
             of
             a
             King
             subject
             to
             change
             .
          
           
             As
             touching
             the
             constitution
             of
             this
             Law
             ;
             that
             also
             shews
             that
             this
             was
             not
             derived
             from
             the
             ancient
             Right
             of
             the
             Crown
             now
             restored
             ,
             but
             by
             the
             positive
             concession
             of
             the
             People
             in
             their
             representative
             ,
             in
             regard
             it
             is
             not
             absolute
             ,
             but
             qualified
             and
             limited
             diversly
             .
          
           
             First
             ,
             This
             power
             is
             given
             to
             this
             King
             ,
             not
             to
             his
             Successors
             ;
             for
             they
             are
             left
             out
             of
             the
             Act
             ,
             so
             as
             they
             trusted
             not
             the
             King
             ,
             but
             Henry
             the
             Eighth
             ,
             and
             what
             they
             did
             was
             for
             his
             own
             sake
             .
          
           
             Secondly
             ,
             They
             trusted
             the
             King
             ,
             but
             he
             must
             be
             
               advised
               by
               Counsel
               of
               men
               of
               skill
               .
            
          
           
             Thirdly
             ,
             They
             must
             not
             respect
             any
             Sect
             ,
             or
             those
             of
             the
             Papistical
             sort
             .
          
           
             Fourthly
             ,
             All
             must
             be
             according
             to
             Gods
             Word
             ,
             and
             Christs
             Gospel
             .
          
           
             And
             Lastly
             ,
             
               Nothing
               must
               be
               done
               contrary
               to
               the
               Laws
               and
               Statutes
               of
               this
               Realm
               .
            
             And
             thus
             though
             they
             trusted
             much
             ,
             yet
             not
             all
             ,
             nor
             over-long
             .
             For
             it
             was
             but
             a
             temporary
             Law
             ,
             and
             during
             the
             present
             condition
             of
             affairs
             .
             Nor
             did
             the
             King
             or
             People
             rest
             upon
             this
             Law
             ;
             for
             within
             three
             years
             following
             ,
             another
             Law
             is
             made
             to
             confirm
             what
             was
             then
             already
             done
             by
             the
             King
             ;
             
             and
             a
             larger
             power
             granted
             to
             the
             King
             ,
             
               to
               change
               and
               alter
               as
               to
               his
               Wisdom
               shall
               seem
               convenient
               .
            
             Thus
             the
             Kings
             Injunctions
             already
             set
             forth
             were
             established
             ,
             all
             opposal
             to
             them
             inhibited
             ;
             and
             the
             King
             hath
             a
             power
             of
             Lawing
             and
             Unlawing
             in
             Christ's
             Kingdom
             ,
             and
             to
             stab
             an
             Act
             of
             Parliament
             in
             matters
             of
             highest
             concernment
             .
             And
             the
             reason
             is
             ,
             the
             King
             will
             have
             it
             so
             ,
             and
             who
             dares
             gainsay
             
             it
             ?
             as
             Cranmer
             said
             ,
             
               The
               King
               loves
               his
               Queen
               well
               ,
               but
               his
               own
               opinion
               better
               :
            
             For
             new
             things
             meeting
             with
             new
             love
             ,
             
             if
             it
             be
             once
             interrupted
             in
             the
             first
             heat
             ,
             turns
             into
             a
             displeasure
             as
             hot
             as
             the
             first
             love
             .
             Nor
             had
             either
             party
             great
             cause
             to
             boast
             in
             their
             gainings
             ;
             for
             none
             of
             them
             all
             had
             any
             security
             ,
             but
             such
             as
             kept
             close
             to
             a
             good
             Conscience
             .
          
           
             All
             this
             ,
             though
             much
             more
             than
             any
             of
             his
             Predecessors
             ever
             attained
             ,
             was
             nevertheless
             not
             enough
             till
             his
             Title
             was
             as
             compleat
             .
             The
             Pope
             had
             fashioned
             him
             one
             now
             above
             twenty
             years
             old
             ,
             for
             his
             service
             done
             against
             Luther
             ,
             and
             others
             of
             that
             way
             ,
             and
             sent
             it
             to
             him
             as
             a
             Trophee
             of
             the
             Victory
             ;
             this
             was
             ,
             
               Defender
               of
               the
               Faith
            
             ;
             which
             the
             King
             then
             took
             kindly
             ,
             but
             laid
             it
             up
             till
             he
             thought
             he
             had
             deserved
             it
             better
             ;
             and
             therefore
             now
             he
             presents
             it
             to
             the
             Parliament
             ;
             
             who
             by
             a
             Statute
             annexed
             it
             to
             the
             Crown
             of
             England
             ,
             for
             ever
             now
             made
             triple
             ,
             by
             the
             Royalizing
             of
             that
             of
             Ireland
             amongst
             the
             rest
             .
          
           
             A
             third
             Prerogative
             concerned
             the
             Kings
             power
             in
             temporal
             matters
             .
             And
             now
             must
             England
             look
             to
             it self
             ;
             for
             never
             had
             English
             King
             the
             like
             advantage
             over
             his
             People
             as
             this
             man
             had
             .
             His
             Title
             out-faced
             all
             question
             ;
             left
             rich
             by
             his
             Father
             ,
             trained
             up
             in
             the
             highest
             way
             of
             Prerogative
             ,
             absolute
             Lord
             of
             the
             English
             Clergy
             ,
             and
             of
             their
             Interest
             in
             the
             People
             ;
             of
             a
             vast
             spirit
             ,
             able
             to
             match
             both
             the
             Emperour
             and
             French
             abroad
             ,
             and
             yet
             more
             busie
             at
             home
             than
             all
             his
             Predecessors
             .
             A
             King
             that
             feared
             nothing
             but
             the
             falling
             of
             the
             Heavens
             ;
             the
             People
             contrarily
             weary
             of
             Civil
             Wars
             ,
             enamoured
             with
             the
             first
             tastes
             of
             Peace
             and
             Pleasures
             ,
             whiles
             as
             yet
             it
             was
             but
             in
             the
             blushing
             child-hood
             ,
             over-awed
             by
             a
             strange
             Giant
             ,
             a
             King
             with
             a
             Pope
             in
             his
             belly
             ;
             having
             the
             Temporal
             Sword
             in
             his
             hand
             ,
             the
             Spiritual
             Sword
             at
             his
             command
             .
             Of
             a
             merciless
             savage
             nature
             ,
             but
             a
             word
             and
             a
             blow
             ,
             without
             regard
             even
             of
             his
             bosome-Companions
             ;
             What
             can
             then
             the
             naked
             relation
             of
             a
             Subject
             do
             with
             such
             an
             one
             ?
             if
             Providence
             steps
             not
             in
             ,
             and
             stops
             not
             the
             Lions
             mouth
             ,
             all
             will
             be
             soon
             swallowed
             up
             into
             the
             hungry
             maw
             of
             Prerogative
             .
             To
             set
             all
             on
             work
             ,
             comes
             
               Steven
               Gardiner
            
             from
             his
             Embassage
             to
             the
             Emperour
             :
             sad
             apprehensions
             are
             scattered
             ,
             that
             the
             motions
             abroad
             are
             exceeding
             violent
             and
             sudden
             ;
             that
             the
             Emperour
             and
             French
             King
             are
             fast
             in
             nothing
             ,
             but
             in
             change
             according
             to
             occasion
             ;
             that
             like
             the
             Eagle
             they
             make
             many
             points
             before
             they
             stoop
             to
             the
             Prey
             ;
             that
             if
             the
             motions
             at
             home
             do
             wait
             upon
             debates
             of
             Parliament
             ,
             things
             must
             needs
             come
             short
             in
             execution
             ,
             and
             the
             affairs
             of
             this
             Nation
             extreamly
             suffer
             .
             A
             dangerous
             thing
             it
             is
             ,
             that
             the
             King
             should
             be
             at
             disadvantage
             either
             with
             the
             Emperour
             or
             
               French
               King
            
             ,
             for
             want
             of
             power
             in
             these
             cases
             of
             sudden
             exigencies
             ,
             and
             for
             some
             small
             time
             ,
             during
             the
             juncture
             of
             these
             important
             affairs
             ,
             that
             seeing
             likewise
             at
             home
             the
             point
             concerning
             Religion
             is
             coming
             to
             the
             Test
             ,
             the
             minds
             of
             men
             are
             at
             a
             gaze
             ;
             their
             Affections
             and
             Passions
             are
             on
             their
             Tiptoes
             .
             It
             is
             reason
             the
             King
             should
             steer
             with
             a
             shorter
             Rudder
             ,
             that
             this
             care
             might
             meet
             with
             every
             turn
             of
             Providence
             ,
             which
             otherwise
             might
             suddenly
             blow
             up
             the
             Peace
             and
             good
             Government
             of
             this
             Nation
             .
             These
             and
             the
             like
             represented
             a
             fair
             face
             to
             that
             which
             followed
             ,
             and
             made
             way
             for
             the
             King
             without
             shame
             to
             ask
             what
             no
             King
             before
             him
             suffered
             ever
             to
             enter
             into
             conceit
             ,
             I
             mean
             a
             
               Legislative
               power
            
             ,
             to
             this
             effect
             ,
             
               That
               Proclamations
               made
               by
               the
               greater
               part
               of
               the
               King
               for
               the
               time
               being
               ,
            
             
             
               and
               his
               Council
               ,
               whose
               names
               hereafter
               follow
               ,
               with
               such
               penalties
               as
               by
               them
               shall
               be
               thought
               meet
               ,
               shall
               be
               of
               equal
               force
               by
               an
               Act
               of
               Parliament
               ,
               provided
               it
               shall
               not
               extend
               to
               the
               forfeiture
               of
               Estates
               or
               Priviledges
               ,
               nor
               to
               loss
               of
               Life
            
             (
             but
             in
             cases
             particularly
             
             mentioned
             in
             the
             Law
             )
             
               Provided
               no
               Proclamation
               shall
               cross
               any
               Statute
               ,
               or
               lawful
               or
               laudable
               Custom
               of
               this
               Realm
               .
            
             All
             which
             at
             length
             comes
             to
             be
             demanded
             by
             a
             formal
             Bill
             ,
             with
             as
             ill-favoured
             a
             Preface
             as
             the
             matter
             it self
             ;
             which
             was
             much
             worse
             ,
             e're
             it
             was
             well
             liked
             in
             the
             House
             of
             Commons
             ;
             and
             when
             all
             was
             done
             ,
             proved
             a
             Bare
             still
             .
             Whatever
             it
             was
             ,
             it
             passed
             in
             manner
             abovesaid
             ,
             neither
             much
             to
             the
             desire
             of
             the
             Commons
             ,
             that
             so
             much
             was
             given
             ;
             nor
             to
             the
             good
             liking
             of
             the
             King
             ,
             that
             there
             was
             no
             more
             :
             For
             instead
             of
             a
             Legislative
             power
             ,
             which
             he
             grasped
             at
             for
             himself
             ,
             he
             received
             it
             in
             common
             with
             his
             Council
             ;
             and
             so
             becomes
             engaged
             neither
             to
             alter
             nor
             destroy
             that
             Brotherhood
             ,
             if
             he
             intended
             to
             reap
             any
             fruit
             of
             this
             Law
             ;
             leaving
             the
             point
             in
             doubt
             whether
             his
             Gain
             or
             Loss
             was
             the
             greater
             .
             For
             this
             Law
             ,
             thus
             made
             for
             this
             King
             ,
             these
             Counsellors
             ,
             and
             these
             times
             and
             occasions
             ,
             can
             be
             no
             Precedent
             to
             the
             future
             ,
             unless
             to
             inform
             Kings
             that
             the
             Parliament
             hath
             a
             power
             to
             give
             more
             Authority
             and
             Prerogative
             to
             Kings
             than
             they
             or
             the
             Crown
             have
             by
             common
             Right
             ;
             and
             to
             give
             it
             with
             such
             limitations
             and
             qualifications
             as
             seemeth
             good
             to
             them
             .
          
           
             And
             secondly
             ,
             That
             even
             Henry
             the
             Eighth
             acknowledged
             that
             the
             
               Legislative
               power
            
             was
             not
             in
             the
             Crown
             ;
             nor
             was
             the
             Crown
             capable
             thereof
             ,
             otherwise
             than
             it
             was
             conferred
             by
             the
             Parliament
             .
             Onely
             
               Steven
               Gardiner
            
             might
             glory
             in
             this
             Atchievement
             ,
             having
             for
             the
             present
             obtained
             much
             of
             his
             ends
             ,
             by
             perswading
             the
             King
             that
             Forein
             Princes
             estranged
             from
             him
             ,
             not
             so
             much
             for
             his
             departure
             from
             the
             Pope
             ,
             as
             for
             some
             apprehensions
             they
             had
             of
             his
             departure
             from
             that
             way
             of
             Religion
             and
             Worship
             ,
             which
             they
             apprehend
             every
             Christian
             ought
             to
             maintain
             .
             And
             therefore
             if
             he
             meaned
             to
             gain
             better
             correspondency
             amongst
             these
             Princes
             ,
             he
             must
             engage
             more
             resolvedly
             to
             the
             Fundamentals
             of
             the
             Worship
             ,
             though
             he
             shook
             off
             some
             slighter
             Ceremonies
             with
             the
             Romish
             Supremacy
             ;
             for
             he
             knew
             that
             they
             were
             willing
             enough
             with
             the
             latter
             ,
             though
             the
             other
             could
             not
             go
             down
             with
             them
             .
             Thus
             did
             Forein
             Correspondency
             float
             above
             ,
             whenas
             the
             Church
             ,
             as
             then
             it
             stood
             ,
             was
             underneath
             ,
             and
             gave
             the
             tincture
             to
             every
             Wave
             .
             And
             it
             was
             holden
             more
             safe
             by
             the
             Romish
             party
             to
             trust
             the
             King
             (
             thus
             attempered
             )
             with
             the
             
               Legislative
               power
            
             in
             the
             Church-matters
             ,
             than
             the
             rough
             Parliament
             ,
             whose
             course
             steered
             quite
             wide
             from
             the
             Roman
             shore
             ,
             as
             if
             they
             never
             meant
             to
             look
             that
             way
             any
             more
             :
             though
             Cranmer
             ,
             and
             the
             chief
             Officers
             of
             State
             ,
             and
             of
             the
             Houshold
             ,
             were
             by
             the
             Law
             Judges
             of
             the
             matter
             in
             fact
             ,
             as
             well
             as
             the
             King
             ,
             yet
             in
             the
             conclusion
             the
             King
             onely
             was
             of
             the
             Quorum
             .
             All
             this
             yet
             further
             appears
             in
             the
             penalty
             ;
             for
             by
             a
             Proviso
             it
             is
             moderated
             ,
             as
             to
             all
             forfeitures
             of
             
               Life
               ,
               Limb
            
             ,
             or
             Estate
             ;
             and
             in
             the
             conclusion
             extended
             onely
             to
             Fine
             and
             Imprisonment
             ,
             unless
             in
             some
             cases
             mentioned
             ,
             and
             excepting
             offences
             against
             Proclamations
             made
             by
             the
             King
             or
             his
             Successors
             ,
             concerning
             Crimes
             of
             Heresie
             .
             For
             it
             is
             the
             first
             Clause
             of
             any
             positive
             Law
             ,
             that
             ever
             intimated
             any
             power
             in
             the
             King
             of
             such
             Cognizance
             and
             punishment
             of
             Heresie
             .
             Too
             weak
             a
             principle
             it
             is
             to
             settle
             a
             Prerogative
             in
             the
             King
             and
             his
             Successors
             ,
             as
             
               Supream
               Head
               of
               the
               Church
            
             ,
             thus
             by
             a
             side-wind
             to
             carry
             the
             Keys
             of
             Life
             and
             Death
             at
             their
             Girdle
             ;
             and
             yet
             a
             better
             ground
             cannot
             I
             find
             for
             the
             Martyrdom
             of
             divers
             brave
             Christians
             in
             those
             times
             ,
             than
             this
             touch
             of
             a
             Law
             glancing
             by
             .
             All
             which
             passing
             
               Sub
               silentio
            
             ,
             and
             the
             Parliament
             taking
             no
             notice
             thereof
             ,
             made
             way
             for
             the
             Statute
             38
             H.
             8.
             c.
             26.
             formerly
             mentioned
             ,
             to
             come
             more
             boldly
             upon
             the
             Stage
             .
          
           
           
             This
             was
             one
             wound
             to
             the
             
               Legislative
               power
            
             of
             the
             Parliament
             ,
             thus
             to
             divide
             the
             same
             .
             Another
             ensues
             ,
             that
             in
             its
             consequences
             was
             no
             less
             fatal
             to
             that
             power
             which
             remained
             ;
             and
             it
             was
             wrought
             by
             some
             Engine
             that
             well
             saw
             that
             the
             Disease
             ,
             then
             so
             called
             ,
             grew
             to
             be
             epidemical
             amongst
             the
             more
             considerable
             party
             in
             the
             Kingdom
             ;
             that
             the
             Lady
             
               Jane
               Seymor
            
             (
             now
             Queen
             )
             was
             no
             friend
             to
             the
             Romanists
             ;
             that
             she
             was
             now
             with
             Child
             ;
             which
             ,
             if
             a
             Son
             ,
             (
             as
             it
             proved
             to
             be
             )
             was
             like
             to
             be
             Successor
             in
             the
             Throne
             ,
             and
             be
             of
             his
             Mothers
             Religion
             ,
             and
             so
             undo
             all
             ,
             as
             in
             the
             issue
             all
             came
             so
             to
             pass
             .
             To
             prevent
             this
             ,
             nevertheless
             ,
             they
             fancy
             a
             new
             conceit
             ,
             that
             Laws
             made
             by
             English
             Kings
             in
             their
             minority
             ,
             are
             less
             considerately
             done
             ,
             than
             being
             made
             in
             riper
             years
             .
             And
             so
             by
             that
             one
             opinion
             ,
             countenanced
             a
             worse
             ;
             which
             was
             ,
             that
             the
             
               Legislative
               Power
            
             depended
             more
             upon
             the
             judgement
             of
             the
             King
             ,
             than
             the
             debates
             and
             results
             of
             the
             Parliament
             :
             a
             notion
             that
             would
             down
             exceeding
             well
             with
             Kings
             ,
             especially
             with
             such
             an
             all-sufficient
             Prince
             as
             Henry
             the
             Eighth
             conceived
             himself
             to
             be
             .
             Upon
             this
             ground
             a
             Law
             is
             made
             ,
             to
             enable
             such
             of
             the
             Kings
             Successors
             ,
             by
             him
             appointed
             ,
             as
             shall
             be
             under
             the
             age
             of
             Twenty
             and
             four
             years
             when
             Laws
             by
             him
             are
             made
             ,
             
             to
             adnul
             the
             same
             by
             Letters-patents
             ,
             after
             such
             Prince
             shall
             attain
             the
             said
             age
             of
             Twenty
             four
             years
             .
             Thus
             the
             Arms
             of
             the
             Parliament
             are
             bound
             from
             setling
             any
             Reformation
             ,
             let
             them
             intend
             it
             never
             so
             much
             ;
             a
             Muse
             is
             left
             open
             for
             the
             Romish
             Religion
             still
             to
             get
             in
             ,
             when
             the
             Season
             proves
             more
             fair
             .
             The
             Parliament
             was
             now
             in
             its
             minority
             ,
             and
             gives
             occasion
             to
             the
             Reader
             to
             bewail
             the
             infirmities
             of
             the
             excellencie
             of
             England
             .
          
           
             A
             fourth
             advance
             of
             Prerogative
             ,
             concerned
             the
             Executive
             Power
             in
             Government
             of
             the
             Church
             .
             This
             had
             formerly
             much
             rested
             in
             the
             Prelacy
             ,
             and
             that
             upon
             the
             chief
             Praelatissimo
             at
             Rome
             ;
             now
             there
             is
             found
             in
             England
             a
             greater
             Prelate
             than
             he
             ;
             the
             Pope
             was
             already
             beheaded
             ,
             and
             his
             head
             set
             upon
             the
             Kings
             shoulders
             :
             
               To
               him
               it
               is
               given
               to
               nominate
               all
               Bishops
               and
               Archbishops
               within
               his
               Dominions
               ,
            
             
             by
             Conge
             d'eslire
             ;
             
               and
               that
               the
               party
               once
               elected
               shall
               swear
               Fealty
               ,
               and
               then
               shall
               be
               consecrated
               by
               Commission
               ,
               and
               invested
               :
               but
               if
               upon
               the
            
             Conge
             d'eslire
             
               no
               Election
               be
               certified
               within
               Twelve
               days
               ,
               the
               King
               shall
               by
               Commission
               cause
               his
               own
               Clerk
               to
               be
               consecrated
               and
               Invested
               .
            
             The
             occasion
             that
             first
             brought
             in
             this
             President
             ,
             was
             the
             access
             of
             Cranmer
             to
             the
             See
             at
             Canterbury
             :
             for
             though
             the
             Headship
             had
             been
             already
             by
             the
             space
             of
             Two
             years
             translated
             from
             Rome
             to
             England
             ,
             yet
             the
             course
             of
             Episcopizing
             continued
             the
             same
             as
             formerly
             it
             had
             been
             .
             I
             mean
             ,
             as
             touching
             the
             point
             of
             Election
             :
             For
             though
             in
             their
             Original
             ,
             Bishops
             were
             meerly
             Donatives
             from
             the
             Crown
             ,
             being
             invested
             by
             delivery
             of
             the
             Ring
             and
             Pastoral
             Staff
             ;
             
             and
             until
             King
             
             John's
             time
             ,
             the
             Canonical
             way
             of
             Election
             was
             disallowed
             ;
             yet
             King
             John
             by
             his
             Charter
             ,
             
               De
               communi
               consensu
               Baronum
            
             ,
             granted
             that
             they
             should
             be
             eligible
             ;
             which
             also
             was
             confirmed
             by
             divers
             publick
             Acts
             of
             Parliament
             in
             after-times
             ,
             and
             now
             by
             this
             Law
             last
             recited
             ;
             and
             with
             this
             way
             the
             King
             was
             contented
             for
             the
             space
             of
             Six
             years
             :
             for
             the
             Reformation
             intended
             by
             the
             King
             ,
             was
             not
             done
             at
             once
             ,
             but
             by
             degrees
             ;
             and
             therefore
             though
             this
             course
             of
             
               Conge
               d'eslire
            
             was
             brought
             into
             use
             ;
             yet
             the
             Parliament
             being
             of
             Six
             years
             continuance
             ,
             (
             a
             necessary
             thing
             in
             times
             of
             so
             great
             change
             of
             Policy
             )
             began
             this
             course
             of
             Election
             ,
             
             by
             giving
             the
             King
             power
             to
             nominate
             ,
             and
             allowing
             of
             the
             Pope
             power
             to
             grant
             to
             such
             his
             Bulls
             or
             Pall
             at
             his
             own
             will
             ;
             otherwise
             they
             should
             be
             
             Consecrated
             by
             Commission
             without
             his
             consent
             .
             And
             thus
             at
             the
             first
             the
             Pope's
             Concurrence
             was
             not
             excluded
             ,
             though
             his
             Negative
             was
             .
             In
             this
             posture
             of
             affairs
             ,
             comes
             Cranmer
             to
             be
             consecrated
             Archbishop
             .
             And
             being
             nominated
             thereunto
             by
             the
             King
             ,
             the
             wily
             Pope
             knowing
             the
             Kings
             aim
             ,
             meaned
             not
             to
             withstand
             ,
             lest
             he
             should
             lose
             all
             ,
             but
             granted
             the
             Pall
             as
             readily
             as
             it
             was
             desired
             ;
             so
             as
             Cranmer
             is
             thus
             far
             Archbishop
             of
             Canterbury
             without
             all
             exception
             :
             yet
             he
             must
             go
             one
             step
             farther
             ,
             and
             take
             the
             old
             Oath
             to
             the
             Pope
             ;
             which
             the
             King
             allowed
             him
             to
             do
             ,
             
               Pro
               more
            
             ;
             and
             which
             he
             did
             ,
             
               renitente
               Conscientia
            
             ,
             say
             some
             ,
             and
             with
             a
             Salvo
             ,
             say
             others
             ;
             and
             all
             affirm
             it
             was
             done
             Perfunctorie
             ,
             like
             some
             worn
             Ceremonie
             ,
             or
             civil
             Complement
             .
             Nevertheless
             it
             was
             not
             so
             soon
             turned
             over
             ;
             the
             Archbishop
             loved
             not
             the
             Office
             ,
             the
             King
             loved
             not
             Partnership
             in
             this
             matter
             ;
             and
             it
             was
             evident
             to
             all
             ,
             that
             no
             man
             could
             serve
             these
             two
             Masters
             any
             longer
             :
             an
             agreement
             is
             soon
             concluded
             in
             Parliament
             to
             exclude
             the
             Popes
             Power
             quite
             out
             of
             this
             game
             ,
             
               and
               all
               is
               left
               to
               be
               done
               by
               the
               King
               and
               his
               Commissioners
               ,
               by
               the
               Law
               formerly
               propounded
               .
            
             In
             all
             this
             ,
             the
             Pope
             is
             loser
             ,
             the
             
               English
               Clergie
            
             the
             savers
             ;
             for
             the
             Pall
             cost
             Cranmer
             Nine
             hundred
             Marks
             :
             And
             the
             Crown
             is
             the
             great
             gainer
             ;
             for
             hereby
             the
             King
             got
             the
             men
             sure
             to
             him
             ,
             not
             onely
             by
             their
             own
             acknowledgement
             and
             submission
             ,
             but
             also
             by
             a
             Statute-Law
             .
          
           
             And
             lastly
             by
             Oath
             ,
             which
             to
             make
             sure
             ,
             was
             treble
             twined
             ;
             once
             upon
             their
             first
             submission
             in
             ,
             the
             Kings
             Twentie
             second
             year
             ,
             when
             they
             had
             been
             under
             Praemuniri
             .
          
           
             Secondly
             ,
             Soon
             after
             the
             decease
             of
             Queen
             Katherine
             Dowager
             ,
             in
             the
             Twentie
             sixth
             year
             ;
             which
             Oath
             was
             more
             compleat
             than
             the
             former
             ;
             containing
             ,
          
           
             First
             ,
             A
             Renunciation
             of
             all
             Fealty
             to
             the
             Pope
             ,
             or
             any
             Foreign
             Power
             .
          
           
             Secondly
             ,
             An
             Obligation
             to
             adhere
             to
             the
             Cause
             of
             the
             King
             and
             his
             Successors
             .
          
           
             Thirdly
             ,
             A
             Disavowing
             of
             the
             Pope
             ,
             otherwise
             than
             as
             another
             Bishop
             or
             fellow
             hrother
             .
          
           
             Fourthly
             ,
             An
             Engagement
             to
             observe
             all
             Laws
             already
             established
             against
             the
             Pope's
             power
             .
          
           
             Fifthly
             ,
             A
             Disavowing
             of
             all
             appeals
             to
             Rome
             .
          
           
             Sixthly
             ,
             An
             Engagement
             to
             inform
             the
             King
             of
             all
             Messages
             or
             Bulls
             ,
             sent
             from
             Rome
             into
             England
             .
          
           
             Seventhly
             ,
             An
             Engagement
             not
             to
             send
             ,
             or
             be
             privy
             to
             the
             sending
             of
             any
             Message
             to
             Rome
             for
             any
             such
             purpose
             .
          
           
             The
             third
             Oath
             was
             that
             of
             Fealty
             ;
             which
             anciently
             was
             due
             to
             Kings
             ,
             and
             now
             revived
             ,
             to
             be
             taken
             by
             all
             Bishops
             upon
             their
             admission
             .
             And
             thus
             the
             
               English
               Prelacie
            
             ,
             having
             been
             sworn
             Slaves
             to
             the
             Papacie
             ever
             since
             
             Becket's
             time
             ,
             are
             now
             preferred
             to
             a
             more
             Royal
             Service
             ;
             and
             the
             pursuit
             by
             Kings
             after
             their
             right
             ,
             being
             laid
             aside
             by
             the
             space
             of
             300
             Years
             ,
             is
             now
             renewed
             ,
             and
             the
             prey
             seized
             upon
             by
             the
             Lion
             ;
             who
             found
             it
             upon
             a
             better
             Title
             ,
             and
             in
             better
             condition
             by
             much
             ,
             than
             when
             at
             the
             first
             it
             was
             lost
             :
             For
             it
             was
             upon
             some
             semblance
             of
             Reason
             ,
             that
             the
             Archbishop
             and
             Clergie
             gained
             it
             ;
             but
             being
             afterwards
             dispossessed
             thereof
             by
             the
             Pope
             ,
             and
             yet
             without
             any
             other
             shadow
             of
             Title
             ,
             but
             the
             power
             of
             his
             own
             gripe
             ,
             for
             the
             present
             he
             is
             the
             Occupant
             ,
             and
             becomes
             Proprietor
             by
             prescription
             :
             till
             now
             the
             Felon
             being
             apprehended
             ,
             the
             stolen
             Goods
             are
             the
             Kings
             in
             Right
             ,
             and
             by
             Remitter
             ;
             whereunto
             the
             Parliament
             by
             the
             Statute
             adding
             their
             Conveyance
             ,
             establishes
             the
             same
             by
             an
             unquestionable
             Title
             .
             Nevertheless
             their
             service
             
             is
             no
             less
             servile
             to
             this
             Crown
             ,
             than
             it
             had
             been
             to
             the
             Romish
             Miter
             ;
             formerly
             they
             asserted
             the
             Pope's
             Infallibility
             ,
             now
             the
             King's
             Supremacy
             .
             They
             are
             now
             called
             by
             the
             King
             ,
             made
             by
             the
             King
             ,
             sent
             by
             the
             King
             ,
             maintained
             by
             the
             King
             ;
             whatsoever
             they
             are
             ,
             whatsoever
             they
             have
             ,
             all
             is
             the
             King
             's
             .
             He
             makes
             Bishops
             ;
             he
             makes
             new
             Bishopricks
             ,
             and
             divides
             or
             compounds
             the
             old
             as
             he
             pleaseth
             ,
             
             by
             a
             power
             given
             to
             Henry
             the
             Eighth
             by
             Parliament
             .
             Which
             Oath
             was
             never
             in
             any
             Prince
             before
             or
             after
             him
             ,
             that
             I
             can
             find
             ;
             so
             as
             the
             Crown
             had
             it
             not
             ,
             but
             the
             man
             ,
             and
             it
             died
             with
             him
             .
          
           
             The
             King
             thus
             loaden
             with
             Power
             and
             Honour
             ,
             above
             all
             his
             Predecessors
             ,
             (
             if
             without
             proportionable
             Maintenance
             to
             support
             the
             one
             ,
             and
             act
             the
             other
             )
             must
             needs
             consume
             himself
             (
             as
             one
             in
             a
             Tympanie
             )
             by
             growing
             great
             .
             For
             though
             he
             was
             left
             rich
             by
             his
             Father's
             Treasure
             ,
             yet
             his
             Zeal
             to
             Rome
             in
             its
             now
             poor
             captivated
             condition
             under
             the
             Imperial
             power
             ,
             stirring
             up
             in
             him
             great
             undertakings
             abroad
             ,
             (
             besides
             his
             own
             Pleasures
             and
             Gallantry
             at
             home
             )
             exhausted
             that
             ;
             and
             doubtless
             had
             starved
             these
             his
             grand
             designs
             ,
             had
             he
             not
             found
             the
             hidden
             Treasures
             of
             the
             Cells
             and
             Monasteries
             ;
             the
             sight
             whereof
             so
             rouzed
             up
             his
             Spirits
             ,
             that
             he
             adventured
             upon
             the
             purchase
             ;
             though
             he
             knew
             difficulties
             enough
             to
             have
             stopped
             his
             undertakings
             ,
             if
             he
             had
             not
             resolved
             both
             against
             fear
             and
             flattery
             .
             It
             was
             not
             done
             without
             deliberation
             ;
             for
             the
             thing
             was
             felt
             as
             a
             grievance
             before
             the
             Norman
             times
             ,
             and
             complained
             of
             in
             Parliament
             above
             a
             hundred
             and
             forty
             years
             ago
             ,
             and
             divers
             times
             since
             ;
             but
             Kings
             either
             understood
             not
             ,
             or
             believed
             not
             ,
             or
             durst
             not
             give
             remedy
             ,
             or
             had
             much
             else
             to
             do
             .
             But
             now
             the
             King
             is
             beyond
             all
             his
             Predecessors
             ;
             he
             knows
             much
             ,
             dares
             do
             more
             ,
             and
             is
             at
             leisure
             .
             He
             will
             go
             as
             far
             as
             Emperour
             or
             French
             King
             ,
             and
             beyond
             them
             also
             ;
             but
             would
             not
             try
             masteries
             with
             either
             ,
             for
             they
             were
             all
             Cocks
             of
             the
             game
             .
          
           
             The
             first
             occasion
             that
             discovered
             the
             work
             feasible
             ,
             was
             a
             president
             made
             by
             Cardinal
             Wolsey
             ,
             whose
             power
             was
             enough
             to
             dissolve
             some
             petty
             Cells
             ,
             and
             no
             opposition
             made
             .
             The
             King
             might
             well
             expect
             the
             work
             would
             be
             as
             lawful
             for
             him
             ,
             and
             not
             much
             more
             difficult
             ;
             or
             if
             any
             Storms
             ensued
             ,
             the
             people
             that
             had
             so
             long
             complained
             ,
             and
             felt
             the
             burthen
             of
             these
             excrescences
             of
             the
             Clergie
             ,
             would
             soon
             find
             out
             a
             way
             to
             calm
             them
             :
             the
             King
             need
             do
             no
             more
             than
             speak
             ,
             and
             the
             people
             will
             do
             .
             This
             opened
             the
             door
             ;
             but
             that
             which
             brought
             the
             King
             in
             ,
             was
             the
             hold
             the
             Pope
             had
             in
             this
             Kingdom
             by
             these
             Cloistered
             people
             ,
             who
             were
             persons
             dead
             in
             Law
             ,
             and
             dead
             to
             all
             Law
             but
             the
             Canon
             .
             And
             upon
             this
             account
             the
             King's
             Ancestors
             had
             possessed
             themselves
             of
             the
             Cells
             ,
             in
             the
             hands
             of
             Foreigners
             ,
             in
             times
             of
             War
             ;
             and
             now
             a
             deadly
             feud
             is
             stirred
             between
             Henry
             the
             Eighth
             and
             the
             Pope
             their
             holy
             Father
             .
             The
             Children
             cannot
             expect
             to
             thrive
             ,
             whenas
             their
             Father
             is
             cast
             out
             of
             doors
             ;
             and
             so
             all
             must
             out
             together
             .
             Yet
             the
             manner
             is
             observable
             ,
             they
             must
             not
             be
             cast
             out
             ,
             but
             must
             go
             out
             :
             the
             inferiour
             and
             greater
             part
             are
             
               dead
               persons
            
             ,
             have
             learnt
             obedience
             ;
             they
             can
             neither
             bark
             nor
             bite
             ,
             and
             therefore
             they
             may
             sleep
             ;
             and
             what
             is
             done
             ,
             must
             be
             done
             with
             such
             of
             them
             as
             are
             alive
             .
             Upon
             a
             Visitation
             ,
             these
             are
             brought
             under
             the
             Test
             ,
             and
             found
             in
             such
             a
             condition
             ,
             that
             they
             had
             better
             give
             way
             ,
             and
             voluntarily
             surrender
             ,
             than
             abide
             the
             Trial.
             Once
             more
             the
             smallest
             are
             picked
             out
             ,
             
             whilst
             the
             greater
             stand
             by
             and
             wonder
             ;
             but
             either
             do
             not
             foresee
             ,
             or
             (
             in
             despair
             of
             altering
             the
             King's
             Resolution
             )
             do
             nothing
             but
             expect
             the
             sad
             hour
             ,
             
             which
             within
             Four
             years
             comes
             upon
             them
             all
             ,
             
             every
             one
             of
             them
             chusing
             rather
             to
             surrender
             ,
             and
             expect
             the
             King's
             Mercie
             for
             maintenance
             during
             life
             ,
             than
             adventure
             against
             the
             dint
             of
             his
             Justice
             and
             Power
             ,
             and
             so
             lose
             all
             ;
             for
             they
             were
             ill
             befriended
             amongst
             all
             sorts
             of
             the
             people
             .
             Thus
             came
             the
             personal
             Estate
             and
             Stock
             of
             these
             Houses
             to
             the
             Kings
             immediate
             Treasury
             ,
             and
             their
             yearly
             maintenance
             to
             the
             disposing
             of
             the
             Crown
             .
             Which
             might
             have
             advanced
             the
             same
             well-nigh
             to
             the
             value
             of
             Two
             hundred
             thousand
             pounds
             yearly
             ,
             but
             that
             the
             King
             intended
             to
             let
             the
             people
             enjoy
             the
             fat
             as
             well
             as
             he
             ,
             that
             they
             might
             be
             mutually
             engaged
             to
             maintain
             hold
             of
             the
             Prey
             that
             they
             had
             joyntly
             gotten
             .
             Out
             of
             all
             which
             nevertheless
             the
             Crown
             had
             a
             small
             rent
             ,
             or
             service
             annual
             ,
             
             for
             the
             acknowledgement
             of
             their
             Tenure
             ;
             besides
             the
             First-fruits
             of
             Spiritual
             Dignities
             ,
             and
             the
             Tenths
             ;
             both
             which
             he
             formerly
             had
             already
             obtained
             .
          
           
             The
             first
             whereof
             was
             but
             casual
             ,
             and
             occasional
             in
             the
             payment
             ,
             arising
             onely
             at
             the
             entrance
             of
             the
             party
             into
             his
             Promotion
             ;
             and
             which
             was
             gained
             by
             the
             Pope
             from
             Edward
             the
             First
             ;
             
             although
             at
             his
             Parliament
             at
             Carlisle
             ,
             in
             his
             Thirty
             fourth
             year
             ,
             he
             withstood
             the
             same
             .
             This
             was
             above
             Three
             hundred
             and
             twenty
             thousand
             pounds
             in
             the
             whole
             sum
             .
             The
             latter
             was
             Annual
             ,
             and
             amounted
             to
             above
             Thirty
             thousand
             pounds
             .
             And
             thus
             the
             Popes
             Usurpations
             are
             turned
             into
             duties
             to
             the
             Crown
             ;
             but
             were
             much
             lessened
             ,
             in
             regard
             that
             these
             Cells
             and
             Monasteries
             were
             accounted
             amongst
             these
             Ecclesiastical
             Promotions
             ,
             which
             by
             their
             dissolution
             fell
             off
             in
             that
             account
             .
             Nevertheless
             ,
             the
             advancement
             that
             might
             by
             a
             parcimonious
             King
             have
             been
             made
             of
             the
             fall
             of
             this
             Cedar
             ,
             was
             such
             ,
             that
             the
             Crown
             might
             have
             been
             rendred
             of
             it self
             absolute
             and
             all-sufficient
             .
             But
             Henry
             the
             Eighth
             was
             not
             thus
             minded
             ;
             the
             Affairs
             of
             Europe
             were
             gotten
             into
             a
             high
             pitch
             ;
             Princes
             generally
             over-active
             ;
             Henry
             the
             Eighth
             inferiour
             to
             none
             of
             them
             ;
             what
             comes
             in
             ,
             goes
             out
             ;
             and
             he
             is
             a
             rare
             example
             of
             that
             divine
             Proverb
             ,
             
               As
               Riches
               increase
               ,
               so
               do
               the
               Mouths
               of
               them
               that
               eat
            
             ;
             he
             still
             stands
             in
             need
             of
             his
             peoples
             Love
             ,
             Purses
             ,
             and
             Power
             .
             So
             Divine
             
               Providence
               orders
               the
               matter
            
             ,
             that
             Kings
             can
             never
             attain
             further
             end
             of
             their
             undertakings
             without
             the
             aid
             of
             the
             people
             than
             their
             labour
             ,
             lest
             they
             should
             be
             too
             big
             to
             be
             Christians
             ,
             and
             the
             people
             too
             mean.
             
          
        
         
           
             CHAP.
             XXVIII
             .
             Of
             the
             condition
             of
             the
             Parliament
             in
             these
             Times
             .
          
           
             THey
             are
             no
             good
             Expositors
             ,
             that
             consider
             their
             Text
             by
             piece-meal
             onely
             ;
             nor
             they
             good
             Historians
             ,
             that
             will
             tell
             you
             the
             bare
             Journal
             of
             Action
             ,
             without
             the
             Series
             of
             Occasion
             .
             Such
             as
             these
             will
             speak
             much
             of
             the
             actions
             of
             Henry
             the
             Eighth
             ,
             what
             advancement
             he
             brought
             to
             the
             Crown
             ;
             and
             make
             a
             compleat
             Monarchy
             ,
             wherein
             the
             King
             may
             act
             what
             he
             resolveth
             ,
             resolve
             what
             he
             pleaseth
             ,
             and
             please
             what
             he
             lusteth
             ;
             whenas
             in
             truth
             the
             thing
             is
             nothing
             so
             :
             For
             though
             many
             of
             his
             actions
             ,
             in
             relation
             to
             particular
             persons
             ,
             cannot
             be
             justified
             by
             any
             Law
             :
             so
             in
             truth
             did
             they
             never
             proceed
             from
             any
             Law
             ,
             but
             meerly
             
             from
             the
             passion
             or
             will
             of
             the
             man
             ,
             and
             connivance
             of
             the
             people
             ,
             who
             could
             bear
             that
             from
             this
             King
             ,
             that
             their
             Ancestors
             would
             never
             endure
             under
             any
             other
             .
             And
             yet
             in
             all
             the
             grand
             concernments
             of
             the
             Nation
             ,
             the
             Law
             kept
             still
             upon
             the
             top
             ;
             nor
             did
             the
             King
             enter
             into
             any
             competition
             therewith
             ,
             or
             lead
             the
             way
             thereunto
             ,
             other
             than
             by
             especial
             allowance
             of
             the
             Parliament
             .
          
           
             For
             first
             ,
             It
             is
             evident
             ,
             though
             the
             King
             was
             Supream
             Head
             of
             the
             Church
             ;
             yet
             this
             was
             not
             like
             the
             head
             of
             a
             mad
             man
             ,
             led
             by
             phancy
             ,
             without
             the
             Law
             of
             reason
             ,
             or
             reason
             of
             Law
             ;
             But
             it
             was
             defined
             ,
             circumscribed
             ,
             and
             formed
             thereby
             ,
             with
             Qualifications
             and
             Limitations
             ,
             as
             hath
             been
             already
             expressed
             in
             the
             former
             Chapter
             .
          
           
             Seondly
             ,
             It
             is
             no
             less
             clear
             ,
             that
             the
             
               Legislative
               Power
            
             rested
             in
             the
             Parliament
             ,
             and
             not
             in
             the
             King
             ,
             when
             he
             was
             in
             his
             greatest
             height
             .
             For
             as
             
               Head
               of
               the
               Church
            
             ,
             he
             had
             no
             such
             power
             in
             Church-matters
             ;
             or
             if
             he
             had
             such
             a
             right
             ,
             it
             was
             taken
             away
             by
             the
             Acts
             of
             Parliament
             .
             Nay
             ,
             when
             the
             Pope
             was
             yet
             possessed
             of
             this
             Headship
             ,
             the
             Parliament
             did
             determine
             the
             manner
             of
             the
             Worship
             of
             God
             ,
             
             in
             some
             particular
             cases
             ;
             as
             in
             the
             keeping
             of
             the
             
               Lord's
               Day
            
             ,
             the
             Statute
             of
             Edward
             the
             Fourth
             ,
             to
             the
             
               Honour
               of
               God
            
             ,
             did
             provide
             for
             the
             observing
             thereof
             ;
             and
             to
             the
             
               Honour
               of
               God
            
             ,
             it
             was
             taken
             away
             by
             a
             Statute
             in
             the
             time
             of
             Henry
             the
             Eighth
             ,
             
             if
             the
             words
             of
             either
             Statute
             may
             be
             believed
             .
             But
             more
             especially
             ,
             after
             that
             this
             Headship
             was
             translated
             to
             the
             King
             ,
             the
             Parliament
             provided
             ,
             that
             the
             Canons
             should
             be
             examined
             and
             allowed
             by
             the
             King
             ,
             
             and
             Thirty
             two
             persons
             ,
             one
             part
             of
             the
             Clergie
             ,
             the
             other
             of
             the
             Temporalty
             ,
             chosen
             by
             the
             King.
             And
             those
             that
             shall
             be
             assented
             unto
             ,
             and
             confirmed
             by
             the
             King
             ,
             and
             the
             Thirty
             two
             persons
             ,
             or
             the
             Major-part
             of
             them
             ,
             shall
             be
             obeyed
             ,
             and
             put
             in
             execution
             ;
             the
             residue
             shall
             be
             void
             :
             
               Provided
               nothing
               shall
               be
               done
               against
               the
               Kings
               Prerogative
               ,
               or
               the
               Laws
               and
               Customs
               of
               this
               Realm
               .
            
             So
             as
             the
             King
             had
             much
             ,
             but
             he
             had
             not
             all
             ;
             
             and
             what
             he
             had
             ,
             the
             Parliament
             gave
             him
             by
             a
             Law
             ,
             that
             was
             executory
             all
             the
             days
             of
             Henry
             Eighth
             ,
             by
             divers
             continuances
             ;
             and
             was
             not
             any
             power
             devolved
             to
             the
             Crown
             under
             the
             Title
             of
             Supremacie
             ,
             nor
             by
             vertue
             of
             the
             Act
             of
             Parliament
             concerning
             it
             ;
             but
             by
             the
             continual
             influence
             from
             the
             Parliament
             upon
             the
             Crown
             ,
             as
             well
             before
             that
             Act
             as
             after
             ,
             derived
             upon
             it
             .
             The
             King
             hath
             then
             this
             right
             of
             
               Law
               making
            
             ,
             but
             it
             is
             with
             the
             Thirty
             two
             he
             hath
             it
             ,
             but
             not
             his
             Successors
             .
          
           
             And
             lastly
             ,
             he
             hath
             it
             but
             by
             a
             derivative
             power
             from
             the
             Parliament
             ,
             and
             a
             Committee
             for
             that
             service
             .
             And
             in
             a
             word
             ,
             
               he
               hath
               the
               Power
               ,
               but
               the
               Parliament
               hath
               still
               the
               Law
               of
               that
               Power
               .
            
          
           
             The
             second
             Priviledge
             of
             the
             Parliament
             hitherto
             ,
             concerneth
             onely
             Laws
             concerning
             Church-Government
             .
             In
             the
             next
             place
             cometh
             to
             be
             considered
             the
             Legislative
             power
             in
             point
             of
             Doctrine
             ;
             which
             doubtless
             issueth
             from
             the
             same
             principle
             of
             Power
             with
             the
             former
             .
             For
             if
             the
             Church
             (
             which
             as
             a
             pillar
             and
             ground
             holdeth
             for
             the
             Truth
             )
             be
             the
             
               company
               of
               professing
               Believers
            
             ;
             then
             ought
             it
             not
             to
             seem
             strange
             ,
             if
             these
             in
             their
             representative
             do
             intermiddle
             with
             this
             Power
             ,
             or
             rather
             duty
             .
             And
             for
             the
             matter
             in
             fact
             ,
             neither
             did
             the
             King
             challenge
             this
             Power
             ,
             nor
             did
             the
             Parliament
             make
             any
             difficulty
             of
             Conscience
             in
             executing
             the
             same
             ;
             and
             yet
             there
             were
             many
             Learned
             and
             Conscientious
             men
             of
             that
             number
             .
          
           
             They
             therefore
             ,
             as
             touching
             the
             Doctrine
             ,
             proceed
             in
             the
             same
             way
             with
             
             that
             formerly
             mentioned
             concerning
             the
             Discipline
             :
             And
             a
             Committee
             also
             is
             by
             them
             made
             of
             the
             King
             and
             Learned
             men
             ,
             to
             set
             down
             rules
             for
             Faith
             and
             Obedience
             ,
             
             and
             for
             the
             order
             of
             the
             publick
             Worship
             of
             God
             ,
             according
             to
             the
             Word
             of
             God.
             And
             these
             rules
             are
             confirmed
             by
             a
             Statute
             ,
             so
             as
             the
             King
             hath
             a
             power
             in
             the
             point
             of
             Doctrine
             ,
             but
             it
             is
             a
             derivative
             power
             ;
             it
             is
             a
             limited
             power
             to
             himself
             ,
             and
             not
             to
             his
             Successors
             ;
             and
             to
             himself
             ,
             and
             others
             joyned
             with
             him
             .
          
           
             And
             lastly
             ,
             nothing
             must
             be
             done
             contrary
             to
             the
             Laws
             of
             the
             Kingdom
             .
          
           
             Secondly
             ,
             The
             Parliament
             hath
             not
             onely
             a
             right
             to
             grant
             and
             limit
             this
             power
             unto
             others
             ,
             but
             also
             to
             execute
             the
             same
             immediately
             by
             its
             self
             .
             And
             therefore
             before
             they
             granted
             this
             power
             to
             this
             Committee
             ,
             (
             whereas
             formerly
             the
             Pope
             usurped
             the
             power
             to
             be
             the
             Omega
             to
             the
             resolves
             of
             all
             Councils
             )
             the
             Parliament
             intercepted
             that
             to
             their
             own
             Jurisdiction
             ,
             in
             flat
             opposition
             to
             the
             infallibility
             of
             the
             
               Roman
               Chair
            
             ,
             
             so
             far
             as
             to
             disherize
             some
             Opinions
             ,
             which
             by
             the
             sentence
             of
             that
             infallible
             mouth
             ,
             had
             been
             marked
             with
             that
             black
             brand
             of
             Heresie
             .
             And
             what
             they
             did
             before
             this
             Act
             of
             Delegation
             to
             the
             King
             ,
             and
             other
             Committees
             for
             this
             work
             ,
             
             they
             did
             afterwards
             ,
             as
             not
             concluding
             their
             own
             power
             by
             any
             thing
             that
             they
             had
             so
             done
             ;
             as
             may
             appear
             ,
             by
             their
             Censure
             of
             the
             Translation
             of
             the
             Bible
             made
             by
             Tindall
             :
             By
             their
             establishing
             another
             Translation
             :
             By
             their
             ordering
             and
             appointing
             what
             persons
             might
             read
             the
             same
             :
             
             By
             their
             qualifying
             the
             
               fix
               Articles
            
             ;
             and
             the
             like
             .
             The
             Parliament
             then
             hath
             a
             power
             which
             they
             may
             grant
             ,
             and
             yet
             grant
             nothing
             away
             ;
             they
             may
             limit
             this
             power
             in
             others
             as
             they
             will
             ,
             and
             yet
             not
             conclude
             themselves
             .
             And
             the
             King
             by
             accepting
             this
             limited
             power
             ,
             must
             disclaim
             both
             the
             Original
             and
             absolute
             Right
             ,
             and
             cannot
             claim
             the
             same
             by
             right
             of
             Headship
             or
             Supremacie
             .
             This
             was
             one
             great
             Windfal
             which
             the
             Parliament
             had
             from
             the
             ruines
             of
             Rome
             ,
             not
             by
             way
             of
             Usurpation
             ,
             but
             re-seizure
             :
             For
             their
             possession
             was
             ancient
             ;
             and
             though
             they
             had
             been
             dispossest
             ,
             yet
             that
             possession
             was
             ever
             under
             a
             continual
             claim
             ,
             and
             so
             the
             right
             was
             saved
             .
          
           
             A
             second
             ,
             that
             was
             no
             less
             fatal
             unto
             that
             See
             ,
             was
             the
             loss
             of
             all
             power
             over
             Ecclesiastical
             persons
             in
             this
             Kingdom
             .
             For
             whereas
             the
             Popedom
             had
             doubly
             rooted
             it self
             in
             this
             Nation
             ,
             one
             way
             by
             the
             Regulars
             ,
             the
             other
             by
             the
             Seculars
             ;
             the
             Parliament
             by
             the
             dissolutions
             of
             Monasteries
             ,
             &c.
             consumed
             one
             to
             ashes
             ;
             and
             by
             breaking
             the
             fealty
             between
             the
             other
             and
             the
             Pope
             ,
             parted
             the
             other
             root
             and
             the
             stock
             asunder
             :
             and
             thence
             ensued
             the
             down
             fall
             of
             this
             tall
             Cedar
             in
             this
             Nation
             ;
             and
             Prelacie
             now
             left
             alone
             ,
             must
             fawn
             elsewhere
             ,
             or
             lie
             along
             ;
             a
             posture
             wherein
             that
             rank
             of
             men
             can
             never
             thrive
             .
             Up
             again
             they
             peep
             ,
             and
             espying
             a
             King
             that
             loved
             to
             towre
             aloft
             ,
             they
             suddenly
             catch
             hold
             ,
             promising
             their
             help
             to
             maintain
             his
             flight
             ;
             and
             so
             are
             carried
             up
             ,
             and
             like
             a
             Cloud
             born
             between
             Heaven
             and
             Earth
             ,
             making
             the
             Commons
             beholding
             to
             them
             for
             the
             Kings
             Sunshine
             ,
             and
             the
             King
             for
             their
             interests
             in
             the
             people
             ,
             and
             for
             his
             superlative
             advancement
             above
             them
             all
             .
             Now
             though
             the
             English
             Prelates
             may
             think
             their
             Orb
             above
             the
             Winds
             ,
             yet
             were
             they
             herein
             deceived
             .
             The
             Parliament
             had
             power
             in
             their
             Election
             ,
             before
             the
             Pope
             usurped
             that
             to
             himself
             :
             now
             that
             they
             are
             discharged
             ,
             Kings
             are
             possessed
             of
             them
             by
             
               Conge
               d'eslire
            
             ;
             but
             it
             is
             not
             by
             way
             of
             restitution
             :
             For
             Kings
             were
             never
             absolutely
             possessed
             of
             any
             such
             power
             ,
             but
             as
             Committees
             of
             Parliament
             ,
             and
             by
             delegation
             and
             concession
             from
             them
             ;
             and
             therefore
             must
             render
             an
             account
             to
             them
             ,
             and
             abide
             their
             judgement
             when
             they
             are
             thereto
             called
             .
          
           
           
             Thirdly
             ,
             The
             Parliament
             had
             the
             disposing
             and
             ordering
             of
             all
             the
             Church-Revenues
             ,
             as
             the
             Laws
             concerning
             
               Monasteries
               ,
               Sanctuaries
               ,
               Mortuaries
               ,
               First
               fruits
               ,
               Tenths
               ,
               Annates
               ,
            
             and
             suchlike
             ,
             sufficiently
             manifesteth
             .
          
           
             Fourthly
             ,
             The
             Parliament
             had
             the
             power
             of
             granting
             
               Licenses
               ,
               Dispensations
            
             ,
             and
             Faculties
             ;
             setting
             a
             Rule
             thereunto
             ,
             as
             in
             case
             of
             Non-residency
             ;
             and
             delegating
             the
             power
             to
             Committees
             ;
             
             whereof
             see
             more
             in
             the
             Chapter
             following
             ,
             concerning
             ordinary
             Jurisdiction
             .
          
           
             Fifthly
             ,
             The
             Parliament
             reserved
             the
             Cognizance
             of
             all
             Appeals
             for
             final
             Sentence
             unto
             themselves
             ,
             and
             disposed
             of
             all
             the
             steps
             thereunto
             ,
             as
             unto
             them
             seemed
             most
             convenient
             .
             For
             though
             it
             be
             true
             ,
             in
             some
             cases
             the
             Archbishop
             of
             Canterbury
             had
             the
             definitive
             Sentence
             ,
             
             and
             in
             other
             cases
             the
             Convocation
             ;
             yet
             was
             this
             but
             by
             a
             temporary
             Law
             ,
             and
             this
             also
             granted
             to
             them
             by
             the
             Parliament
             ;
             which
             took
             it
             away
             from
             the
             Pope
             ,
             and
             never
             interested
             the
             Crown
             therein
             ,
             but
             made
             the
             Archbishop
             and
             the
             Convocation
             their
             immediate
             Delegates
             so
             long
             as
             they
             saw
             good
             .
             Afterwards
             ,
             when
             they
             had
             done
             their
             work
             ,
             viz.
             The
             determining
             the
             Appeal
             and
             Divorce
             of
             Queen
             Katherine
             ,
             
             and
             some
             other
             matters
             ,
             the
             same
             hand
             that
             gave
             that
             power
             ,
             took
             it
             away
             ,
             and
             gave
             it
             (
             not
             to
             the
             King
             or
             Crown
             )
             but
             to
             Delegates
             from
             the
             Parliament
             from
             time
             to
             time
             to
             be
             nominated
             by
             the
             King
             ;
             and
             may
             as
             well
             alter
             the
             same
             ,
             and
             settle
             the
             power
             elsewhere
             ,
             when
             they
             please
             .
             And
             therefore
             after
             the
             Appeal
             of
             the
             Dowager
             thus
             determined
             ,
             and
             the
             Sentence
             definitive
             thus
             setled
             upon
             Delegates
             ;
             the
             Parliament
             nevertheless
             determined
             the
             other
             Causes
             of
             the
             Marriages
             of
             the
             Lady
             
               Anne
               Bullen
            
             ,
             and
             the
             Lady
             Anne
             of
             Cleve
             ,
             the
             jurisdiction
             of
             the
             Crown
             never
             intermedling
             therein
             .
             So
             as
             upon
             the
             whole
             ,
             it
             must
             be
             acknowledged
             ,
             that
             however
             the
             King
             was
             
               Supreme
               Head
               of
               causes
               Ecclesiastical
            
             ,
             yet
             had
             he
             not
             the
             definitive
             sentence
             in
             Appeal
             ,
             nor
             
               absolute
               Supremacy
            
             ,
             but
             that
             the
             same
             was
             left
             to
             the
             Parliament
             .
          
           
             Sixthly
             and
             lastly
             ,
             what
             attempts
             the
             Parliament
             had
             met
             with
             ;
             partly
             from
             the
             designs
             of
             some
             great
             men
             that
             sought
             their
             own
             ends
             ,
             and
             partly
             from
             the
             endeavours
             of
             these
             Kings
             that
             sought
             their
             own
             height
             and
             greatness
             above
             their
             peoples
             good
             ,
             hath
             been
             already
             related
             :
             and
             the
             utmost
             issue
             had
             been
             truly
             stated
             ,
             
               viz.
               That
               the
               gains
               have
               come
               to
               the
               Kings
               persons
               ,
               and
               not
               to
               their
               Crown
               ;
               and
               that
               therein
               they
               have
               put
               their
               Seal
               to
               the
               Law
               ,
               and
               made
               their
               submission
               to
               the
               Parliament
               ,
               as
               touching
               both
               their
               persons
               and
               power
               .
            
             Add
             hereunto
             ,
             that
             however
             Henry
             the
             Eighth
             aimed
             much
             at
             himself
             in
             his
             ends
             ,
             in
             two
             other
             main
             interests
             that
             most
             nighly
             concerned
             him
             ;
             yet
             the
             chief
             gain
             came
             to
             the
             Parliament
             .
          
           
             The
             once
             concerned
             his
             own
             Wife
             ,
             which
             however
             so
             nighly
             related
             to
             him
             ,
             as
             next
             to
             his
             own
             person
             ,
             and
             under
             the
             determination
             of
             the
             immediate
             Law
             of
             God
             ;
             yet
             was
             so
             cast
             upon
             their
             Sentence
             ,
             as
             if
             he
             durst
             adventure
             his
             own
             Soul
             at
             their
             direction
             .
          
           
             The
             other
             concerned
             the
             Crown
             ,
             to
             which
             he
             ought
             relation
             above
             his
             own
             person
             ;
             which
             he
             laid
             down
             at
             the
             feet
             of
             the
             Parliament
             ,
             seeking
             to
             their
             power
             to
             fulfil
             his
             own
             pleasure
             .
             The
             Ball
             is
             tossed
             up
             and
             down
             ,
             sometimes
             amongst
             the
             issue
             between
             the
             King
             and
             the
             Lady
             
               Anne
               Bullen
            
             ,
             
             another
             while
             amongst
             the
             issue
             between
             him
             and
             the
             Lady
             
               Jane
               Seymor
            
             ,
             
             or
             such
             as
             the
             King
             should
             nominate
             by
             Letters-Patents
             or
             last
             Will.
             After
             that
             ,
             to
             the
             Ladies
             Mary
             and
             Elizabeth
             ,
             to
             perform
             conditions
             declared
             by
             the
             King's
             Letters-Patents
             ,
             
             or
             his
             last
             Will.
             The
             King
             
             then
             is
             trusted
             ,
             but
             he
             hath
             his
             trust
             from
             the
             Parliament
             ;
             the
             Crown
             is
             intail'd
             ,
             (
             as
             it
             hath
             been
             ever
             since
             Richard
             the
             Second's
             time
             )
             but
             it
             is
             done
             by
             Parliament
             .
             The
             reversion
             is
             in
             
               the
               Clouds
            
             ,
             but
             the
             
               right
               of
               Inheritance
            
             much
             more
             .
             The
             Conclusion
             of
             all
             is
             this
             ,
             The
             Parliament
             by
             serving
             these
             Kings
             turns
             ,
             turned
             their
             turns
             into
             their
             own
             .
          
        
         
           
             CHAP.
             XXIX
             .
             Of
             the
             power
             of
             the
             Clergie
             in
             their
             Convocation
             .
          
           
             THe
             Convocation
             of
             the
             Clergie
             ,
             like
             some
             froward
             Children
             ,
             loves
             not
             new
             dressing
             ,
             though
             it
             be
             a
             gainer
             thereby
             .
             Before
             the
             Pope
             and
             Henry
             the
             Eighth
             were
             faln
             asunder
             ,
             their
             masters
             ,
             their
             minds
             ,
             th●●r
             work
             ,
             all
             was
             double
             ;
             their
             Councils
             uncertain
             ,
             their
             Conclusions
             ●ow
             in
             Production
             ,
             and
             sleight
             in
             their
             Fruit
             and
             Consequence
             ;
             sometimes
             displeasing
             to
             the
             Pope
             ,
             sometimes
             to
             the
             King
             ,
             generally
             to
             themselves
             .
             Who
             naturally
             lingering
             after
             their
             own
             interests
             ,
             were
             compelled
             to
             feed
             that
             bodie
             that
             breathed
             in
             them
             ,
             rather
             than
             that
             wherein
             themselves
             breathed
             ;
             and
             so
             like
             hunted
             Squirrels
             ,
             from
             bough
             to
             bough
             ,
             were
             ever
             well
             tired
             ,
             yet
             hardly
             escaped
             with
             their
             own
             Skins
             in
             the
             conclusion
             .
             Now
             Henry
             the
             Eighth
             tenders
             them
             better
             conditions
             ,
             both
             for
             ease
             and
             Honour
             ,
             and
             more
             suitable
             to
             their
             own
             Interest
             ;
             yet
             they
             are
             loath
             to
             accept
             ,
             because
             they
             had
             been
             
               Slaves
               by
               Prescription
            
             .
          
           
             Formerly
             ,
             they
             were
             troubled
             with
             multiplicity
             of
             Summons
             ,
             sometimes
             from
             the
             King
             ,
             sometimes
             from
             the
             Pope
             ,
             sometimes
             from
             the
             Metropolitan
             ,
             and
             always
             over
             dripped
             by
             a
             Forein
             power
             ,
             that
             they
             could
             propound
             nothing
             for
             the
             good
             of
             the
             Souls
             of
             themselves
             or
             others
             ,
             but
             must
             be
             blasted
             from
             without
             ;
             their
             labours
             lost
             ,
             their
             undertakings
             vain
             ,
             and
             themselves
             ,
             in
             the
             conclusion
             ,
             sit
             down
             choaked
             in
             their
             Consciences
             and
             Desires
             .
             Now
             they
             are
             at
             no
             man's
             call
             but
             the
             King
             's
             ,
             and
             that
             by
             
               Writ
               ;
               Provincial
            
             ,
             and
             
               Legate
               à
               Latere
            
             ,
             
             must
             meddle
             no
             more
             .
          
           
             Formerly
             ,
             it
             is
             taken
             for
             granted
             ,
             that
             Kings
             have
             no
             Vote
             in
             matters
             Ecclesiastical
             ,
             though
             themselves
             be
             interested
             therein
             ;
             and
             therefore
             if
             he
             will
             accept
             of
             a
             Disme
             ,
             
             he
             must
             accept
             it
             
               Statu
               quo
            
             ,
             it
             is
             granted
             ;
             nor
             can
             he
             interpose
             his
             Dissent
             ;
             nor
             do
             they
             much
             care
             for
             his
             consent
             :
             But
             whether
             the
             King
             be
             concerned
             or
             not
             concerned
             ,
             what
             they
             conclude
             they
             must
             maintain
             ,
             
               Vi
               &
               Clavibus
            
             ,
             although
             in
             right
             his
             Prerogative
             is
             above
             theirs
             .
             Now
             by
             the
             Statute
             ,
             the
             Kings
             Vote
             is
             asserted
             ,
             and
             a
             Negative
             Vote
             restored
             ,
             and
             himself
             made
             as
             well
             Head
             of
             the
             Convocation
             ,
             as
             the
             Church
             .
             
             Nothing
             can
             pass
             there
             without
             his
             concurrence
             ,
             nor
             come
             to
             the
             consideration
             of
             the
             Parliament
             without
             his
             pleasure
             ;
             and
             thus
             the
             King
             hath
             a
             double
             Vote
             in
             every
             Church-Ordinance
             :
             One
             as
             in
             the
             Parliament
             ,
             to
             pass
             the
             same
             as
             an
             Act
             of
             Parliament
             ,
             of
             which
             I
             conceive
             the
             Opinion
             of
             the
             Honourable
             Judge
             is
             to
             be
             understood
             ;
             the
             other
             ,
             as
             a
             Member
             of
             the
             Convocation
             ,
             
             to
             pass
             their
             advices
             to
             the
             Parliament
             :
             and
             therefore
             he
             might
             either
             sit
             in
             person
             amongst
             them
             ,
             or
             by
             his
             Vicar
             ,
             as
             Henry
             the
             Eighth
             did
             by
             the
             Lord
             Cromwol
             .
             By
             the
             first
             ,
             the
             whole
             Kingdom
             was
             engaged
             :
             By
             the
             Second
             ,
             the
             Convocation
             onely
             ,
             and
             that
             as
             a
             Court
             onely
             ,
             and
             not
             the
             representative
             of
             the
             Clergie
             ;
             because
             as
             they
             had
             a
             Spiritual
             relation
             ,
             so
             also
             they
             had
             the
             
             Common
             Right
             of
             Free-men
             ,
             and
             therefore
             could
             not
             be
             bound
             without
             the
             Common
             Consent
             of
             the
             Free-men
             .
          
           
             Thirdly
             ,
             As
             their
             power
             of
             Convention
             ,
             and
             power
             in
             Vote
             ,
             
             so
             their
             original
             Right
             of
             the
             Law-making
             suffered
             a
             change
             .
             Formerly
             they
             depended
             wholly
             upon
             a
             
               divine
               Right
            
             ,
             which
             some
             setled
             originally
             in
             the
             Pope
             ,
             others
             in
             the
             Prelacie
             ,
             and
             some
             in
             the
             Clergie
             .
             But
             now
             they
             sit
             by
             a
             
               derivative
               power
            
             from
             the
             Act
             of
             Parliament
             ,
             from
             which
             ,
             as
             from
             their
             head
             ,
             they
             receive
             life
             and
             power
             .
          
           
             Fourthly
             ,
             They
             suffered
             some
             change
             in
             the
             very
             work
             of
             their
             Convention
             ;
             
             for
             though
             formerly
             they
             claimed
             power
             to
             meddle
             onely
             with
             Ecclesiastical
             matters
             ,
             yet
             that
             notion
             was
             ambiguous
             ,
             and
             they
             could
             many
             times
             explicate
             it
             more
             largely
             than
             naturally
             .
             It
             is
             not
             to
             be
             denied
             ,
             but
             the
             matters
             concerning
             the
             Service
             and
             Worship
             of
             God
             ,
             are
             of
             Spiritual
             consideration
             ;
             but
             that
             such
             should
             be
             so
             strictly
             deemed
             to
             lie
             in
             the
             way
             of
             Church-men
             onely
             ,
             is
             to
             bring
             all
             Spirits
             within
             the
             Verge
             of
             Ecclesiastical
             Jurisdiction
             ,
             and
             to
             leave
             the
             Civil
             power
             to
             rule
             onely
             dead
             Carcasses
             :
             Much
             less
             can
             any
             other
             thing
             ,
             which
             by
             prescription
             hath
             not
             been
             of
             Ecclesiastical
             Cognizance
             ,
             be
             called
             Spiritual
             .
          
           
             But
             to
             come
             to
             particulars
             ,
             because
             generals
             edifie
             not
             .
             The
             Convocation
             claimed
             formerly
             power
             ,
             as
             originally
             from
             its
             self
             ,
             to
             impose
             Rules
             for
             Government
             upon
             Church-men
             ,
             and
             Church-Officers
             ;
             and
             upon
             the
             Laity
             ,
             so
             far
             as
             extended
             to
             their
             Service
             of
             God
             :
             And
             also
             to
             charge
             the
             Estates
             of
             the
             Clergie
             ;
             and
             concerning
             Matrimonial
             and
             Testamentarie
             Causes
             .
             They
             claimed
             also
             a
             power
             to
             determine
             Doctrine
             and
             Heresies
             .
             Yet
             
               de
               Facto
            
             ,
             divers
             of
             these
             they
             never
             acted
             in
             that
             right
             wherein
             they
             claimed
             to
             hold
             Cognizance
             .
          
           
             First
             ,
             As
             touching
             the
             charging
             of
             the
             Estates
             of
             the
             Clergie
             .
             If
             it
             was
             for
             the
             King's
             Service
             ,
             they
             were
             ever
             summoned
             by
             the
             King
             's
             Writ
             ;
             yet
             was
             not
             their
             act
             binding
             immediately
             upon
             the
             passing
             of
             the
             Vote
             ,
             till
             the
             Parliament
             confirmed
             the
             same
             ;
             and
             therefore
             the
             old
             form
             of
             granting
             of
             Dismes
             ,
             was
             ,
             
               Per
               Clerum
               &
               Communitatem
            
             ,
             as
             by
             the
             pleading
             in
             the
             Abbot
             of
             
             Waltham's
             Case
             appears
             .
             
             For
             without
             their
             concurrence
             they
             had
             no
             power
             to
             charge
             any
             Free-man
             ,
             nor
             to
             levie
             the
             same
             ,
             but
             by
             their
             Church-Censures
             ,
             which
             would
             stand
             them
             in
             no
             stead
             .
             And
             in
             this
             ,
             the
             
               Convocation
               suffered
            
             no
             alteration
             ,
             either
             in
             Right
             or
             Power
             ,
             by
             the
             change
             thus
             wrought
             by
             Henry
             the
             Eighth
             .
          
           
             Secondly
             ,
             As
             touching
             imposing
             Laws
             upon
             the
             Laity
             ,
             
             in
             points
             of
             Worship
             and
             Doctrine
             ,
             it
             is
             evident
             ,
             though
             they
             claimed
             such
             power
             ,
             they
             had
             it
             not
             .
             For
             when
             all
             is
             done
             ,
             they
             were
             contented
             at
             length
             to
             get
             the
             support
             of
             the
             Statute-Laws
             of
             this
             Kingdom
             ,
             as
             may
             appear
             in
             the
             particular
             Laws
             concerning
             the
             
               Lords
               day
            
             ,
             and
             proceedings
             against
             Her●ticks
             ,
             setling
             the
             Popedom
             in
             the
             time
             of
             the
             great
             Schism
             ,
             &c.
             
             But
             now
             all
             Title
             of
             claim
             is
             quite
             taken
             from
             them
             ,
             and
             all
             is
             left
             in
             the
             Supream
             Legislative
             power
             of
             this
             Nation
             ,
             as
             formerly
             hath
             been
             already
             manifested
             .
          
           
             Thirdly
             ,
             As
             touching
             Matrimonial
             Causes
             ,
             their
             former
             power
             of
             making
             Laws
             concerning
             them
             ,
             and
             Testamentary
             Causes
             ,
             is
             now
             absolutely
             taken
             away
             ;
             onely
             concerning
             Matrimonial
             matters
             ,
             they
             had
             so
             much
             
             of
             the
             Judicatory
             power
             concerning
             the
             same
             put
             upon
             them
             ,
             as
             might
             well
             serve
             the
             Kings
             own
             turn
             ;
             and
             that
             was
             for
             determining
             the
             matter
             between
             himself
             and
             the
             Lady
             Katherine
             Dowager
             ,
             
             depending
             before
             the
             Archbishop
             Cranmer
             .
             For
             the
             King
             supposed
             the
             Pope
             a
             Party
             ,
             and
             therefore
             meaned
             not
             that
             he
             should
             be
             his
             Judge
             .
             And
             thus
             ,
             though
             the
             Clergie
             had
             acknowledged
             the
             King
             to
             be
             their
             
               Supream
               Head
            
             ;
             yet
             in
             this
             he
             was
             content
             to
             acknowledge
             their
             Supremacy
             above
             him
             ,
             to
             judge
             between
             himself
             and
             his
             Queen
             ,
             and
             in
             other
             matters
             concerning
             himself
             .
             So
             as
             upon
             the
             whole
             matter
             ,
             the
             Convocation
             were
             gainers
             in
             some
             things
             ;
             in
             other
             things
             ,
             they
             were
             onely
             losers
             of
             that
             which
             was
             none
             of
             their
             own
             .
          
        
         
           
             CHAP.
             XXX
             .
             Of
             the
             power
             of
             the
             Clergie
             in
             their
             Ordinary
             Jurisdiction
             .
          
           
             THose
             Spirits
             are
             truly
             degenerate
             ,
             that
             being
             sensible
             of
             miserie
             ,
             cannot
             stir
             up
             desires
             of
             Change
             ,
             although
             the
             way
             thereto
             lies
             open
             before
             them
             :
             And
             this
             shews
             the
             nature
             of
             the
             
               Romish
               Yoke
            
             ,
             that
             it
             lay
             upon
             the
             Spirits
             of
             men
             ,
             did
             intoxicate
             ,
             and
             make
             them
             drunk
             with
             their
             condition
             .
             Otherwise
             ,
             the
             Usurpations
             ,
             Oppressions
             ,
             Extortions
             and
             Incroachments
             of
             the
             Popedom
             upon
             the
             Bishops
             Sphere
             ,
             and
             the
             people
             under
             their
             charge
             ,
             could
             never
             have
             provoked
             such
             complainings
             amongst
             all
             sorts
             ,
             in
             several
             ages
             from
             time
             to
             time
             .
             And
             now
             that
             Henry
             the
             Eighth
             undertakes
             to
             set
             them
             free
             ,
             so
             as
             they
             would
             acknowledge
             his
             Supremacy
             ,
             they
             all
             are
             struck
             dumb
             ,
             till
             a
             Praemuniri
             taught
             them
             to
             speak
             ;
             and
             so
             were
             scared
             into
             a
             better
             condition
             than
             they
             would
             have
             had
             ,
             and
             into
             a
             more
             absolute
             Estate
             of
             Jurisdiction
             than
             they
             received
             from
             their
             Predecessors
             .
             The
             Pope
             had
             now
             usurped
             a
             power
             supra-ordinary
             over
             all
             Appeals
             ,
             gained
             the
             definitive
             Sentence
             to
             the
             
               Roman
               See
            
             ,
             and
             had
             holden
             this
             power
             by
             the
             space
             of
             four
             hundred
             years
             ;
             and
             the
             King
             finding
             the
             root
             of
             all
             the
             mischief
             to
             his
             Crown
             from
             abroad
             ,
             springing
             from
             that
             Principle
             ,
             meaned
             not
             to
             dispute
             the
             point
             with
             the
             Casuists
             ,
             but
             by
             one
             Statute
             took
             away
             all
             Appeals
             to
             Rome
             ;
             
             and
             determined
             Appeals
             from
             the
             Bishops
             Court
             ,
             in
             the
             Archbishops
             Court
             ;
             and
             the
             Appeals
             from
             the
             Archbishop's
             Commissarie
             ,
             in
             the
             Court
             of
             Audience
             .
             So
             as
             though
             in
             the
             Kings
             own
             Case
             ,
             the
             Convocation
             had
             the
             last
             blow
             ;
             yet
             in
             matters
             concerning
             the
             Subjects
             ,
             the
             Archbishop
             was
             either
             more
             worthie
             ,
             or
             more
             willing
             with
             that
             trust
             .
             For
             though
             the
             Convocation
             might
             have
             determined
             all
             ,
             as
             well
             as
             the
             Pope
             ;
             yet
             for
             dispatch
             sake
             of
             a
             multitude
             of
             Appeals
             now
             depending
             at
             Rome
             ,
             and
             to
             prevent
             long
             attendance
             on
             the
             Convocation
             ,
             that
             now
             had
             much
             to
             do
             in
             matters
             of
             more
             publick
             nature
             ,
             the
             
               utmost
               Appeal
            
             in
             such
             cases
             is
             made
             Provincial
             .
             This
             (
             whether
             priviledge
             or
             prejudice
             )
             the
             Ecclesiastical
             Causes
             gained
             above
             the
             Civil
             ,
             whose
             definitive
             Sentences
             was
             reserved
             to
             the
             Parliament
             .
             And
             thus
             is
             the
             Archbishop
             made
             Heir
             to
             the
             Pope
             ,
             in
             the
             greatest
             priviledge
             of
             a
             Pope
             ;
             to
             be
             chief
             Judge
             on
             Earth
             in
             matters
             Ecclesiastical
             ,
             within
             his
             own
             Province
             .
             A
             trick
             that
             in
             my
             opinion
             much
             darkned
             the
             Glory
             of
             the
             Kings
             Title
             of
             
               Supream
               Head
            
             ,
             which
             the
             Church-men
             had
             formerly
             offered
             up
             to
             the
             honour
             of
             the
             Crown
             of
             this
             Realm
             .
             For
             be
             it
             so
             ,
             that
             the
             Title
             is
             in
             the
             Crown
             by
             Remitter
             ;
             yet
             cannot
             the
             same
             carry
             
             along
             with
             it
             any
             more
             than
             a
             lawful
             power
             ,
             and
             whether
             all
             the
             Pope's
             former
             power
             allowed
             him
             by
             the
             Canon
             ,
             or
             gained
             by
             Usurpation
             and
             Custom
             ,
             shall
             be
             said
             a
             lawful
             power
             ,
             or
             whether
             the
             power
             of
             
               Review
               by
               Appeal
            
             ,
             shall
             be
             derived
             to
             the
             Crown
             ,
             under
             the
             general
             Notion
             of
             Supreamacy
             upon
             the
             Clergies
             submission
             ,
             is
             to
             me
             a
             doubt
             (
             albeit
             ,
             
               I
               must
               give
               honour
               to
               the
               Judgement
               in
               Print
               )
            
             in
             regard
             that
             after
             the
             submission
             of
             the
             Clergie
             ,
             the
             matter
             concerning
             the
             Divorce
             of
             the
             Lady
             Katherine
             Dowager
             ,
             
             came
             before
             the
             Pope
             by
             Appeal
             ,
             and
             there
             depended
             ,
             the
             King
             himself
             also
             waiting
             upon
             that
             See
             for
             Justice
             ,
             and
             a
             definitive
             Sentence
             in
             that
             matter
             ;
             and
             thereby
             acknowledged
             the
             Pope's
             power
             
               De
               facto
            
             :
             Notwithstanding
             the
             Clergies
             foregoing
             submission
             ;
             and
             being
             occasioned
             by
             the
             delay
             at
             Rome
             ,
             he
             procured
             this
             Statute
             concerning
             Appeals
             to
             be
             made
             ;
             whereby
             at
             one
             breath
             he
             took
             the
             Appeals
             to
             Rome
             away
             ,
             and
             setled
             them
             as
             formerly
             hath
             been
             mentioned
             ;
             all
             which
             was
             done
             two
             years
             before
             the
             Title
             of
             Supremacy
             was
             annexed
             ,
             or
             declared
             for
             to
             be
             to
             the
             Crown
             by
             Act
             of
             Parliament
             .
          
           
             And
             therefore
             ,
             as
             to
             me
             it
             appears
             ,
             the
             power
             of
             Supream
             Cognizance
             of
             Appeals
             ,
             was
             not
             in
             actual
             possession
             of
             the
             Crown
             by
             the
             Clergies
             submission
             ;
             so
             was
             it
             actually
             vested
             in
             the
             Archbishop
             ,
             before
             the
             Title
             of
             Supremacy
             was
             confirmed
             by
             Act
             of
             Parliament
             ;
             and
             so
             it
             never
             was
             in
             the
             Crown
             actually
             possessed
             ,
             much
             less
             had
             the
             Crown
             the
             same
             by
             Remitter
             .
             For
             the
             King's
             turn
             once
             served
             by
             the
             Convocation
             ,
             and
             the
             matter
             of
             the
             Divorce
             of
             Queen
             Katherine
             setled
             ,
             the
             King
             perceiving
             the
             slow
             progress
             of
             the
             Convocation
             ,
             the
             Members
             of
             the
             same
             not
             being
             yet
             sufficiently
             tuned
             to
             the
             present
             Affairs
             :
             And
             moderate
             Archbishop
             Cranmer
             ,
             likewise
             foreseeing
             ,
             that
             the
             Odium
             of
             these
             Definitive
             Sentences
             would
             be
             too
             great
             for
             him
             to
             bear
             ;
             another
             Appeal
             is
             provided
             ,
             more
             for
             the
             honour
             of
             the
             Crown
             ,
             to
             be
             from
             the
             Archbishop
             to
             Delegates
             ,
             to
             be
             appointed
             by
             the
             King
             ,
             his
             Heirs
             and
             Successors
             ;
             so
             as
             though
             their
             Nomination
             be
             the
             Kings
             ,
             yet
             their
             power
             is
             deduced
             immediately
             from
             the
             Parliament
             ,
             which
             took
             the
             same
             from
             the
             Archbishop
             ,
             and
             conferred
             it
             upon
             them
             .
          
           
             A
             second
             advantage
             not
             inferiour
             hereto
             ,
             which
             the
             Archbishop
             gained
             out
             of
             the
             ruines
             of
             the
             Popedom
             ,
             
             was
             the
             power
             of
             Licenses
             and
             Dispensations
             ,
             or
             Faculties
             .
             In
             the
             Pope
             ,
             it
             was
             a
             transcendent
             power
             without
             any
             rule
             ,
             but
             what
             was
             tuned
             to
             him
             by
             the
             Bird
             in
             his
             own
             breast
             ;
             and
             was
             the
             ground
             of
             much
             license
             ,
             or
             rather
             licentiousness
             in
             the
             world
             :
             But
             in
             the
             Archbishop
             ,
             they
             seem
             to
             be
             regulated
             .
          
           
             To
             be
             First
             ,
             
               in
               Causes
               not
               repugnant
               to
               the
               Law
               of
               God.
               
            
          
           
             Secondly
             ,
             
             
               such
               as
               are
               necessary
               for
               the
               Honour
               and
               Security
               of
               the
               King.
               
            
          
           
             Thirdly
             ,
             
               such
               as
               were
               formerly
               wont
               to
               be
               remedied
               at
               the
               See
               of
            
             Rome
             ;
             yet
             in
             truth
             left
             as
             much
             scope
             for
             the
             Conscience
             of
             the
             Archbishop
             to
             walk
             in
             ,
             as
             the
             Pope
             had
             in
             former
             times
             .
             A
             large
             Teather
             ,
             and
             greater
             priviledge
             than
             ever
             the
             Crown
             had
             ;
             by
             which
             ,
             although
             the
             King
             himself
             be
             like
             Saul
             ,
             higher
             by
             the
             Head
             than
             all
             the
             people
             ,
             yet
             in
             many
             things
             Samuel
             is
             higher
             than
             he
             .
             The
             moving
             cause
             hereof
             is
             not
             difficult
             to
             find
             out
             :
             the
             King
             had
             but
             lately
             married
             the
             Lady
             
               Anne
               Bullen
            
             ;
             a
             thing
             that
             many
             startled
             at
             ,
             and
             the
             King
             himself
             not
             extreamly
             resolved
             in
             ;
             he
             would
             therefore
             have
             his
             way
             like
             that
             of
             the
             Zodiack
             ,
             broad
             enough
             for
             Planetary
             motion
             of
             any
             one
             that
             could
             not
             contain
             himself
             
             within
             the
             Ecliptick
             line
             of
             the
             Law
             ,
             and
             so
             shipped
             over
             the
             Popes
             power
             to
             the
             Chair
             of
             Canterbury
             ,
             and
             had
             made
             a
             Pope
             instead
             of
             an
             Archbishop
             ,
             but
             that
             the
             man
             was
             not
             made
             for
             that
             purpose
             .
             What
             the
             Ordinary
             Jurisdiction
             got
             or
             lost
             ,
             we
             come
             in
             the
             next
             place
             to
             observe
             .
          
           
             First
             ,
             they
             had
             still
             their
             Courts
             and
             Judicatory
             power
             ,
             but
             upon
             what
             right
             may
             be
             doubted
             .
             Their
             first
             foundation
             was
             laid
             by
             the
             Civil
             power
             of
             a
             Law
             ,
             in
             the
             time
             of
             William
             the
             first
             Norman
             King
             ;
             yet
             the
             power
             of
             the
             Pope
             and
             Bishop
             growing
             up
             together
             ,
             they
             came
             to
             hold
             the
             power
             of
             the
             Keys
             by
             a
             
               Divine
               Right
            
             ,
             and
             so
             continued
             ,
             until
             these
             times
             of
             Henry
             the
             Eighth
             ,
             wherein
             they
             have
             a
             Retrospect
             to
             the
             Rock
             ,
             from
             whence
             they
             were
             first
             hewn
             ;
             and
             many
             seem
             to
             change
             their
             Tenure
             ,
             and
             therewith
             therefore
             are
             in
             right
             to
             change
             the
             Style
             of
             their
             Courts
             ,
             and
             Title
             of
             Summons
             ;
             but
             the
             times
             not
             being
             very
             curious
             ,
             and
             the
             work
             of
             reformation
             but
             in
             fieri
             ;
             the
             more
             exact
             lineaments
             must
             be
             left
             to
             time
             to
             finish
             and
             beautifie
             .
             A
             greater
             blow
             did
             light
             upon
             the
             Law
             of
             these
             Courts
             ,
             which
             was
             left
             as
             doubtful
             as
             the
             Canons
             ;
             all
             which
             are
             now
             put
             to
             the
             question
             ,
             and
             to
             this
             day
             never
             received
             full
             resolution
             ,
             but
             were
             left
             to
             the
             Parliament
             to
             determine
             them
             at
             leisure
             ;
             and
             in
             the
             mean
             time
             to
             the
             Judges
             of
             the
             Common
             Law
             ,
             to
             determine
             the
             same
             Lawful
             or
             Unlawful
             ,
             as
             occasion
             should
             require
             .
             Nevertheless
             ,
             the
             Courts
             still
             hold
             on
             their
             course
             ,
             according
             to
             their
             old
             Laws
             and
             Customs
             ,
             for
             their
             form
             of
             Proceedings
             ;
             some
             say
             by
             Prescription
             ,
             yet
             more
             rightly
             by
             Permission
             ;
             it
             being
             a
             difficult
             matter
             to
             make
             Prescription
             hold
             against
             a
             Statute-Law
             .
             As
             touching
             the
             matters
             within
             their
             Cognizance
             ,
             the
             Law
             setled
             some
             ,
             and
             unsetled
             others
             .
          
           
             First
             ,
             As
             touching
             Heresie
             ,
             the
             Church-men
             formerly
             thought
             scorn
             the
             
             Lay-Magistrate
             should
             intermeddle
             ;
             but
             not
             being
             able
             to
             stop
             the
             growth
             thereof
             by
             their
             Church-Censures
             ,
             prayed
             aid
             of
             the
             Civil
             Magistracy
             ;
             so
             by
             degrees
             arose
             the
             penalties
             of
             Imprisonment
             and
             Burning
             ,
             which
             brought
             the
             whole
             matter
             into
             Cognizance
             before
             the
             Civil
             Magistrate
             ,
             because
             
               no
               Free
               man
               might
               be
               proceeded
               against
               for
               loss
               of
               Life
               or
               Liberty
               ,
               but
               by
               the
               Laws
               of
               the
               Nation
            
             ;
             and
             for
             this
             cause
             the
             Civil
             Magistrate
             granted
             the
             Writ
             of
             
               Habeas
               Corpus
            
             ,
             
             and
             relieved
             many
             times
             the
             party
             imprisoned
             wrongfully
             ,
             
             or
             granted
             Prohibition
             as
             they
             saw
             cause
             .
             And
             therefore
             it
             cannot
             be
             said
             rightly
             ,
             that
             the
             sole
             or
             supream
             Cognizance
             of
             this
             crime
             of
             Heresie
             belonged
             to
             the
             Clergie
             before
             these
             times
             .
             Nor
             did
             their
             proceeding
             upon
             the
             
               Writ
               of
               Burning
            
             warrant
             any
             such
             thing
             ;
             partly
             because
             till
             these
             times
             the
             Canon-Law
             was
             the
             best
             ground
             that
             these
             proceedings
             had
             ,
             and
             the
             course
             therein
             was
             not
             so
             uniform
             as
             to
             permit
             the
             Title
             of
             a
             Custom
             to
             warrant
             the
             same
             :
             Conviction
             being
             sometimes
             by
             Jury
             ,
             sometimes
             according
             to
             the
             Canon
             ,
             sometimes
             before
             the
             Ordinary
             ,
             sometimes
             before
             the
             Convocation
             ,
             sometimes
             before
             the
             King
             ,
             sometimes
             before
             special
             Delegates
             ,
             as
             the
             Histories
             of
             the
             Martyrs
             more
             particularly
             set
             forth
             ,
             and
             no
             Act
             of
             Parliament
             positive
             in
             the
             point
             .
             But
             the
             time
             is
             now
             come
             ,
             when
             nighest
             Reformation
             ,
             that
             the
             thing
             is
             setled
             more
             to
             the
             prejudice
             of
             Reformation
             than
             all
             the
             endeavours
             foregoing
             ;
             like
             to
             the
             darkness
             of
             the
             Night
             ,
             that
             is
             at
             the
             Superlative
             degree
             when
             nighest
             break
             of
             Day
             .
             A
             Statute
             is
             now
             made
             ,
             that
             indeed
             
             quite
             blotted
             out
             the
             very
             name
             of
             the
             Statute
             of
             Henry
             the
             Fourth
             ,
             
               De
               Haeretico
               comburendo
            
             ,
             
             but
             made
             compleat
             that
             Statute
             of
             5
             Rich.
             2.
             and
             the
             other
             of
             2
             Hen.
             5
             ,
             both
             which
             were
             formerly
             neither
             good
             in
             Law
             ,
             nor
             effectual
             ,
             otherways
             than
             by
             Power
             ;
             and
             gave
             more
             settlement
             to
             the
             Ordinaries
             proceedings
             in
             such
             Cases
             .
             For
             the
             Delinquent
             might
             be
             convict
             before
             the
             Ordinary
             by
             Witnesses
             ,
             or
             might
             be
             indicted
             at
             the
             Common
             Law
             ,
             and
             the
             Indictment
             certified
             to
             the
             Ordinary
             as
             Evidence
             .
             Yet
             did
             the
             Parliament
             carve
             them
             out
             their
             work
             ,
             and
             in
             express
             words
             declared
             ;
             
               That
               Opinions
               against
               the
               Authority
               and
               Laws
               of
               the
               Bishop
               of
            
             Rome
             
               were
               not
               Heresie
            
             ;
             and
             by
             the
             same
             reason
             might
             have
             done
             more
             of
             that
             kind
             ,
             but
             that
             was
             enough
             to
             tell
             all
             the
             world
             ,
             that
             the
             Parliament
             could
             define
             what
             was
             not
             Heresie
             ,
             although
             they
             did
             not
             then
             determine
             what
             was
             Heresie
             .
             And
             thus
             the
             judgement
             of
             the
             Romish
             Church
             is
             called
             into
             question
             ,
             in
             one
             of
             their
             Fundamentals
             ,
             and
             the
             Clergie
             left
             in
             a
             Muse
             concerning
             the
             rule
             upon
             which
             they
             were
             to
             proceed
             against
             this
             crime
             .
          
           
             The
             Parliament
             ,
             within
             six
             years
             after
             ,
             undertakes
             ,
             though
             somewhat
             unhappily
             ,
             to
             determine
             and
             define
             certain
             points
             of
             Controversie
             ,
             which
             had
             some
             relation
             to
             the
             Worship
             of
             God
             ,
             and
             the
             publick
             Peace
             ,
             and
             declared
             the
             contrary
             to
             these
             determinations
             to
             be
             Heresie
             ,
             and
             the
             punishment
             to
             be
             Death
             and
             Forfeiture
             ,
             
             and
             the
             Trial
             to
             be
             before
             Commissioners
             by
             Jury
             or
             Testimony
             of
             two
             Witnesses
             ,
             or
             by
             examination
             in
             the
             Ecclesiastical
             Court
             ,
             or
             inquisition
             in
             the
             Leet
             ,
             or
             Sessions
             of
             the
             Peace
             .
             Upon
             the
             whole
             matter
             therefore
             the
             Ordinary
             had
             a
             particular
             Power
             to
             determine
             Heresie
             ;
             but
             the
             Parliament
             determined
             such
             Heresies
             as
             were
             punishable
             with
             Death
             and
             Forfeiture
             ,
             by
             enumeration
             in
             the
             
               six
               Articles
            
             .
             This
             was
             the
             Clergies
             Primer
             ,
             wherein
             they
             imployed
             their
             study
             ,
             as
             making
             most
             for
             their
             design
             ,
             and
             laid
             aside
             thoughts
             of
             all
             other
             Heresies
             as
             dry
             notions
             ,
             or
             old
             fashions
             laid
             aside
             ,
             and
             not
             worthy
             the
             setting
             forth
             to
             the
             common
             sale
             .
          
           
             Secondly
             ,
             The
             Lesson
             concerning
             Marriage
             was
             no
             less
             difficult
             for
             the
             Clergie
             to
             take
             out
             .
             They
             were
             put
             by
             their
             former
             Authority
             derived
             from
             abroad
             ,
             and
             their
             ancient
             rule
             of
             the
             Canon-Law
             .
             With
             the
             Kings
             leave
             they
             do
             what
             they
             do
             ,
             and
             where
             they
             doubt
             they
             take
             his
             Commission
             .
             
             So
             did
             the
             Archbishop
             of
             Durham
             in
             the
             Case
             between
             John
             and
             
               Jane
               Fisher
            
             :
             In
             the
             Kings
             Case
             ,
             the
             determining
             part
             is
             put
             to
             the
             Parliaments
             conclusion
             ;
             and
             for
             a
             rule
             in
             other
             cases
             ,
             some
             persons
             are
             enabled
             to
             marry
             ,
             
             which
             formerly
             were
             not
             ,
             viz.
             Masters
             of
             the
             Chancery
             ,
             
             and
             Doctors
             of
             the
             Civil
             Law
             ;
             and
             some
             forbidden
             Marriage
             ,
             as
             all
             Priests
             ,
             by
             the
             Statute
             of
             the
             
               six
               Articles
            
             .
             
             And
             unto
             the
             rest
             concerning
             degrees
             of
             Consanguinity
             ,
             
             or
             Affinity
             ,
             a
             particular
             enumeration
             is
             appointed
             to
             be
             observed
             ;
             within
             which
             Marriage
             is
             declared
             unlawful
             ,
             all
             other
             further
             off
             are
             made
             lawful
             .
             In
             all
             which
             regards
             the
             Cognizance
             of
             
               Matrimonial
               Causes
            
             is
             theirs
             onely
             by
             leave
             .
          
           
             Thirdly
             ,
             Residency
             ,
             and
             Non-residency
             ,
             was
             a
             Theme
             formerly
             learned
             from
             the
             Canon-Law
             ,
             in
             which
             ,
             as
             also
             in
             the
             thing
             it self
             ,
             the
             Clergie
             were
             the
             onely
             skilful
             men
             .
             The
             rule
             of
             the
             Canon-law
             was
             strict
             enough
             ,
             considering
             the
             times
             ,
             but
             it
             was
             not
             ●●eel
             to
             the
             back
             .
             The
             Parliament
             now
             undertakes
             the
             Cause
             ;
             and
             though
             it
             gave
             ,
             in
             some
             respects
             ,
             more
             liberty
             than
             the
             Canon
             ,
             yet
             stood
             it
             better
             to
             its
             tackling
             ,
             and
             kept
             a
             stricter
             hand
             upon
             the
             reins
             ,
             than
             was
             formerly
             used
             ;
             and
             by
             giving
             a
             
             general
             rule
             for
             Dispensation
             ,
             
             took
             away
             all
             arbitrary
             Dispensations
             and
             Licenses
             ,
             
             which
             were
             formerly
             granted
             beyond
             all
             rule
             ,
             but
             that
             of
             Silver
             or
             Gold
             ;
             
             and
             made
             all
             practices
             contrary
             to
             the
             rule
             ,
             damageable
             to
             the
             party
             .
             Thus
             far
             concerning
             the
             matters
             in
             Cognizance
             ;
             now
             touching
             the
             
               power
               of
               the
               Keys
               .
               English
               Prelacy
            
             having
             laid
             aside
             the
             pretentions
             of
             Rome
             ,
             they
             put
             the
             world
             to
             a
             gaze
             ,
             to
             see
             which
             way
             they
             would
             go
             .
             In
             the
             innocent
             infancy
             of
             Prelacy
             ,
             it
             was
             led
             by
             the
             hand
             by
             the
             Presbytery
             ,
             and
             would
             do
             nothing
             without
             them
             ;
             afterwards
             ,
             having
             gained
             some
             degree
             of
             height
             and
             strength
             ,
             they
             entred
             themselves
             to
             be
             Chariot-horses
             to
             the
             Roman
             Sun
             ,
             till
             they
             had
             set
             all
             on
             fire
             .
             Now
             unharnest
             ,
             it
             is
             expected
             they
             should
             return
             to
             their
             former
             Wits
             ;
             nevertheless
             forgetting
             their
             ancient
             Yoak-fellows
             ,
             the
             
               rural
               Presbyters
            
             ,
             they
             stable
             with
             the
             King
             ;
             use
             his
             name
             sometimes
             ,
             but
             more
             often
             their
             own
             ;
             serving
             him
             with
             Supremacie
             ,
             as
             he
             them
             with
             authority
             beyond
             their
             Sphere
             .
             They
             raise
             him
             above
             Parliament
             ,
             he
             them
             above
             Councils
             ;
             so
             as
             they
             do
             what
             they
             list
             ,
             
             let
             the
             Plebeian
             Presbyter
             will
             or
             nill
             ;
             they
             are
             the
             onely
             numeral
             Figures
             ,
             and
             the
             other
             but
             Cyphers
             to
             make
             them
             
               Omnibus
               numeris
               absoluti
            
             .
             Nevertheless
             the
             Canon
             still
             remains
             the
             same
             :
             
               Episcopi
               se
               debent
               scire
               Presbyteros
               ,
               non
               Dominos
               ,
            
             
             
               nec
               debent
               in
               clerum
               dominari
               ;
               Episcopus
               se
               sedente
               non
               permittat
               Presbyterum
               stare
               .
               Episcopi
               noverint
               se
               magis
               consuetudine
               quam
               dispensatione
               Presbyteris
               majores
               .
            
             Kings
             may
             make
             them
             Lords
             ,
             but
             as
             Bishops
             they
             hold
             their
             former
             rank
             assigned
             by
             the
             Canon
             :
             as
             
               Lord
               s
            
             ,
             the
             King
             never
             gave
             them
             the
             Keys
             ;
             and
             as
             Bishops
             ,
             the
             Canon
             did
             not
             ;
             yet
             as
             under
             the
             joynt
             Title
             of
             Lord-Bishops
             ,
             they
             hold
             themselves
             priviledged
             to
             get
             what
             power
             they
             can
             .
             Two
             things
             they
             reach
             at
             ,
             viz.
             The
             absolute
             power
             of
             Imprisonment
             ,
             and
             of
             Excommunication
             in
             all
             causes
             Ecclesiastical
             .
             The
             Common
             Law
             would
             never
             yield
             this
             ;
             
             some
             Statutes
             in
             some
             Cases
             did
             pretend
             .
          
           
             First
             ,
             As
             touching
             Imprisonment
             ,
             the
             Statute
             of
             Henry
             the
             Fourth
             concerning
             Heresie
             doth
             lisp
             some
             such
             power
             :
             of
             what
             force
             the
             same
             Statute
             is
             ,
             
             hath
             been
             already
             observed
             .
             In
             case
             of
             incontinency
             of
             Church-men
             ,
             it
             is
             more
             directly
             given
             them
             by
             a
             Statute
             in
             Henry
             the
             Seventh's
             time
             ;
             before
             which
             time
             ,
             the
             Statute
             it self
             doth
             intimate
             ,
             that
             an
             Action
             did
             lie
             against
             them
             for
             such
             Imprisonment
             ;
             which
             Law
             also
             was
             made
             useless
             by
             another
             in
             Henry
             the
             Eighth's
             time
             ,
             who
             gave
             a
             way
             to
             Statutes
             for
             the
             punishing
             them
             at
             the
             Common
             Law.
             
          
           
             First
             ,
             with
             Death
             ,
             which
             continued
             for
             some
             Moneths
             ;
             and
             that
             being
             found
             too
             heavy
             ,
             
             it
             was
             punished
             by
             another
             Law
             with
             Forfeiture
             and
             Imprisonment
             .
             
             And
             the
             same
             King
             likewise
             gave
             way
             to
             a
             Law
             for
             the
             like
             punishment
             in
             case
             of
             Heresie
             .
             By
             that
             Law
             that
             revoked
             the
             Statute
             of
             Henry
             the
             Fourth
             formerly
             mentioned
             ,
             although
             till
             Trial
             ,
             the
             same
             was
             bailable
             :
             And
             thus
             continued
             till
             the
             time
             of
             Edward
             the
             Sixth
             .
          
           
             But
             as
             touching
             Excommunication
             ,
             it
             was
             to
             no
             purpose
             for
             them
             to
             struggle
             :
             the
             Common
             Law
             would
             never
             permit
             them
             to
             hold
             possession
             quietly
             ;
             
             but
             did
             examine
             their
             Authority
             ,
             granted
             Prohibition
             ,
             enjoyned
             the
             Ordinary
             to
             grant
             Absolution
             where
             it
             saw
             cause
             .
             
             Nevertheless
             in
             some
             cases
             Henry
             the
             Eighth
             gives
             way
             to
             some
             Statutes
             ,
             
             to
             allow
             them
             this
             power
             ,
             
             as
             in
             the
             ●evying
             of
             Tenths
             .
             In
             the
             next
             place
             ,
             the
             Prelacy
             had
             not
             this
             Ecclesiastical
             Jurisdiction
             in
             themselves
             ,
             so
             as
             to
             grant
             it
             to
             others
             ;
             but
             the
             Parliament
             did
             dispose
             thereof
             ,
             not
             onely
             to
             Bishops
             ,
             but
             
             to
             Chancellors
             ,
             Vicars
             general
             ,
             Commissaries
             ,
             being
             Doctors
             of
             the
             Law
             ,
             and
             not
             within
             holy
             Orders
             ,
             
             and
             limiting
             their
             Jurisdiction
             in
             cases
             concerning
             the
             Papal
             Jurisdiction
             ;
             and
             their
             manner
             of
             sending
             their
             Process
             and
             Citations
             ,
             to
             draw
             men
             from
             their
             proper
             Diocess
             ,
             
             and
             also
             their
             inordinate
             Fees
             in
             
               Cases
               Testamentary
            
             .
             
             The
             Prelates
             therefore
             might
             possibly
             make
             great
             claim
             hereof
             ;
             for
             generally
             they
             were
             still
             of
             the
             old
             stamp
             ,
             loved
             to
             have
             all
             by
             
               Divine
               Right
            
             ,
             and
             lived
             they
             cared
             not
             by
             what
             wrong
             :
             But
             the
             Laity
             enclining
             too
             much
             to
             the
             
               new
               Religion
            
             ,
             as
             then
             it
             was
             termed
             ,
             refused
             to
             yield
             one
             foot
             unto
             their
             pretentions
             .
             And
             so
             like
             two
             Horses
             tied
             together
             by
             their
             Bits
             ,
             they
             endeavour
             after
             several
             courses
             ,
             ever
             and
             anon
             kicking
             one
             at
             another
             ,
             yet
             still
             bestrode
             by
             a
             King
             that
             was
             joynted
             for
             the
             purpose
             ;
             and
             so
             good
             a
             Horseman
             ,
             that
             neither
             of
             them
             could
             unhorse
             him
             ,
             till
             Death
             laid
             him
             on
             the
             ground
             .
             And
             thus
             was
             the
             Roman
             Eagle
             deplumed
             ,
             every
             Bird
             had
             its
             own
             Feather
             ;
             the
             great
             men
             the
             Honours
             and
             Priviledges
             ,
             the
             meaner
             men
             the
             Profits
             ;
             and
             so
             an
             end
             to
             
               Annates
               ,
               Legatine
               levies
               ,
               Peter-pence
               ,
               Mortuaries
               ,
               Monasteries
               ,
            
             and
             all
             that
             Retinue
             ;
             the
             vast
             expences
             by
             Bulls
             ,
             and
             Appeals
             to
             Rome
             ;
             to
             all
             the
             cares
             ,
             expences
             ,
             and
             toil
             in
             attendance
             on
             the
             
               Roman
               Chair
            
             :
             The
             beginning
             of
             all
             the
             happiness
             of
             England
             .
          
        
         
           
             CHAP.
             XXXI
             .
             Of
             Judicature
             .
          
           
             THese
             two
             Kings
             were
             men
             of
             towring
             Spirits
             ,
             liked
             not
             to
             see
             others
             upon
             the
             Wing
             ;
             in
             which
             regard
             it
             was
             dangerous
             to
             be
             great
             ,
             and
             more
             safe
             not
             to
             be
             worthy
             of
             regard
             .
             Especially
             in
             the
             times
             of
             Henry
             the
             Eighth
             ,
             whose
             motion
             was
             more
             eager
             :
             and
             there
             was
             no
             coming
             nigh
             to
             him
             ,
             but
             for
             such
             as
             were
             of
             his
             own
             train
             ,
             and
             would
             follow
             as
             fast
             as
             he
             would
             lead
             ;
             and
             therefore
             generally
             the
             Commons
             had
             more
             cause
             to
             praise
             the
             King
             for
             his
             Justice
             ,
             than
             the
             Nobility
             had
             .
             Both
             the
             Kings
             loved
             the
             air
             of
             profit
             passing
             well
             ,
             (
             but
             the
             latter
             was
             not
             so
             well
             breathed
             )
             and
             therefore
             had
             more
             to
             do
             with
             Courts
             which
             had
             the
             face
             of
             Justice
             ,
             but
             behind
             were
             for
             the
             Kings
             Revenue
             .
             Such
             were
             the
             
               Court
               of
               Requests
            
             ,
             of
             mean
             Original
             ,
             mean
             Education
             ,
             yet
             by
             continuance
             attained
             to
             a
             high
             growth
             :
             The
             
               Court
               of
               Tenths
            
             and
             first-Fruits
             :
             The
             
               Court
               of
               Surveyors
            
             :
             The
             
               Court
               of
               the
               Lord
               Steward
               of
               the
               Houshold
               :
            
             The
             
               Court
               of
               Commission
            
             before
             the
             Admiral
             :
             The
             
               Court
               of
               Wards
            
             :
             The
             
               Court
               of
               the
               President
               of
               the
               North
               :
            
             The
             
               Prerogative
               Court
            
             :
             The
             
               Court
               of
               Delegates
            
             :
             The
             
               Court
               of
               Commission
               of
               Review
            
             :
             Others
             of
             more
             private
             regard
             :
             And
             (
             that
             which
             might
             have
             given
             the
             name
             to
             all
             the
             rest
             )
             the
             
               Court
               of
               Augmentation
            
             .
             Besides
             these
             ,
             there
             were
             some
             in
             Wales
             ;
             but
             that
             which
             concerned
             more
             the
             matter
             of
             Judicature
             ,
             was
             the
             loss
             of
             that
             grand
             Liberty
             of
             that
             Country
             ,
             formerly
             a
             Province
             belonging
             to
             this
             Nation
             ,
             
             and
             now
             by
             Henry
             the
             Eighth
             incorporated
             into
             the
             same
             ,
             and
             made
             a
             Member
             thereof
             ,
             and
             brought
             under
             the
             same
             Fundamental
             Law
             ;
             a
             work
             that
             had
             now
             been
             long
             a
             doing
             ,
             and
             from
             the
             time
             of
             Edward
             the
             Third
             brought
             on
             to
             perfection
             by
             degrees
             .
          
           
             First
             ,
             by
             annexing
             the
             Tenure
             of
             the
             Marches
             to
             the
             Crown
             :
             Then
             upon
             occasion
             of
             their
             Rebellion
             ,
             by
             loss
             of
             many
             of
             their
             wonted
             Liberberties
             .
             
             Afterwards
             Henry
             the
             Eighth
             defaced
             the
             bounds
             of
             divers
             the
             ancient
             Counties
             ,
             and
             setled
             them
             anew
             ,
             and
             the
             bounds
             of
             the
             Marches
             also
             ,
             and
             appointed
             Pleas
             in
             Courts
             of
             Judicature
             to
             be
             holden
             in
             the
             English
             Tongue
             .
          
           
             And
             last
             of
             all
             ,
             re-united
             them
             again
             to
             the
             English
             Nation
             ,
             giving
             them
             vote
             in
             Parliament
             ,
             
             as
             other
             parcel
             of
             the
             English
             Dominions
             had
             .
             True
             it
             is
             ,
             that
             from
             their
             first
             submission
             ,
             even
             unto
             Edward
             the
             First
             ,
             they
             were
             summoned
             unto
             Parliament
             ,
             
             and
             had
             vote
             there
             ;
             but
             onely
             in
             order
             to
             the
             Interests
             of
             their
             own
             Country
             ,
             now
             and
             henceforth
             they
             possess
             one
             and
             the
             same
             vote
             as
             
               English
               men
            
             .
             Secondly
             ,
             as
             Courts
             and
             Judicatories
             multiplied
             ,
             so
             some
             also
             of
             those
             that
             were
             ancient
             ,
             enlarged
             their
             Jurisdiction
             ,
             especially
             such
             of
             them
             as
             most
             nighly
             related
             to
             Prerogative
             :
             Amongst
             others
             the
             Privy
             Council
             leads
             the
             way
             ;
             who
             now
             began
             to
             have
             too
             much
             to
             do
             in
             a
             double
             capacity
             ,
             one
             at
             the
             Council-Table
             ,
             the
             other
             at
             the
             
               Star
               Chamber
            
             :
             For
             now
             their
             power
             began
             to
             be
             diversly
             considered
             .
             In
             their
             first
             capacity
             they
             had
             too
             much
             of
             the
             affairs
             of
             the
             Common-Pleas
             ,
             in
             the
             latter
             they
             had
             too
             much
             of
             the
             Crown-Pleas
             ;
             both
             of
             them
             serving
             rather
             to
             scare
             men
             from
             doing
             wrong
             than
             to
             do
             any
             man
             right
             .
             And
             therefore
             though
             some
             men
             might
             seem
             to
             have
             some
             recompence
             ,
             yet
             the
             greatest
             gain
             fell
             to
             the
             King
             and
             his
             Courtiers
             ;
             and
             thus
             became
             
               Majesty
               ,
               or
               State
               ,
               or
               Prerogative
               ,
               to
               be
               more
               feared
               than
               beloved
               .
            
             What
             the
             power
             of
             the
             Council
             was
             formerly
             ,
             hath
             already
             been
             manifested
             ,
             that
             which
             both
             these
             Kings
             conspired
             in
             ,
             and
             whereby
             they
             gained
             more
             power
             over
             the
             people
             than
             all
             their
             Predecessors
             ,
             was
             this
             ,
             that
             other
             Kings
             stood
             too
             much
             upon
             their
             own
             Legs
             ;
             these
             leaned
             much
             upon
             the
             Lords
             ,
             and
             gained
             the
             Lords
             to
             stick
             close
             to
             them
             ;
             and
             in
             this
             they
             had
             both
             the
             Kings
             Love
             ,
             and
             the
             Peoples
             Leave
             ,
             who
             now
             disjoynted
             upon
             several
             Interests
             ,
             especially
             that
             of
             Religion
             ,
             must
             be
             contented
             to
             let
             go
             that
             which
             they
             had
             no
             heart
             to
             hold
             .
             And
             thus
             they
             obtained
             a
             
               Judicatory
               power
            
             over
             the
             people
             ;
             like
             that
             of
             great
             men
             whose
             censures
             are
             commonly
             above
             capacity
             ,
             and
             not
             like
             to
             that
             of
             the
             Peers
             .
             This
             was
             begun
             in
             Henry
             the
             Seventh's
             time
             ,
             who
             taking
             occasion
             to
             complain
             of
             corruption
             and
             neglect
             in
             ordinary
             Trials
             of
             the
             Common
             Law
             ,
             gets
             the
             people
             to
             yield
             to
             the
             Council
             ,
             or
             some
             of
             them
             ,
             a
             power
             of
             Oyer
             and
             Terminer
             ,
             by
             examination
             upon
             Bill
             ,
             or
             information
             in
             matters
             concerning
             
               Maintenance
               ,
               Liveries
               ,
               Retainders
               ,
               Embraceries
               ,
               corruption
            
             in
             Sheriffs
             and
             
               Juries
               ,
               Riots
            
             ,
             and
             
               unlawful
               ,
               Assemblies
            
             ,
             crimes
             all
             of
             them
             of
             the
             same
             bloud
             with
             Rebellion
             ,
             which
             the
             King
             as
             much
             hated
             as
             the
             thought
             of
             his
             Title
             to
             the
             Crown
             ;
             
             and
             therefore
             would
             have
             it
             feared
             ,
             as
             much
             as
             the
             punishment
             by
             such
             a
             mighty
             power
             ;
             and
             a
             Trial
             of
             a
             dreadful
             nature
             could
             effect
             .
             A
             Trial
             ,
             I
             say
             ,
             wherein
             both
             the
             guilty
             and
             the
             guiltless
             adventure
             their
             whole
             Estates
             ,
             against
             the
             edge
             of
             the
             arbitrary
             wills
             of
             great
             men
             of
             unknown
             Interests
             ,
             in
             an
             unknown
             way
             ,
             at
             unknown
             places
             ;
             having
             no
             other
             assurance
             ,
             how
             ,
             or
             when
             to
             come
             off
             ,
             but
             a
             Proclamation
             to
             tell
             the
             people
             ,
             
             that
             the
             King
             above
             all
             things
             delighted
             in
             Justice
             .
             A
             bitter
             Pill
             this
             was
             for
             the
             people
             to
             swallow
             ;
             yet
             it
             was
             so
             artificially
             composed
             ,
             that
             at
             the
             first
             taste
             it
             gave
             a
             pretty
             rellish
             ,
             the
             King
             delights
             in
             Justice
             ,
             the
             Chancellour
             hath
             his
             Conscience
             ,
             the
             Archbishop
             brings
             Religion
             ,
             the
             Judges
             bring
             Law
             ;
             so
             as
             it
             is
             probable
             nothing
             will
             be
             done
             ,
             but
             according
             to
             Justice
             ,
             Conscience
             ,
             Religion
             ,
             and
             Law
             ;
             a
             very
             fair
             mixture
             ,
             but
             that
             there
             was
             a
             Treasurer
             in
             the
             case
             .
             Yet
             the
             success
             answered
             not
             
             expectation
             ,
             the
             persons
             offended
             were
             many
             times
             inferiour
             ,
             and
             their
             Estates
             not
             great
             ,
             the
             Offenders
             more
             mean
             ,
             and
             of
             desperate
             fortunes
             ;
             for
             great
             men
             were
             too
             wise
             to
             try
             this
             new
             way
             ,
             or
             to
             taste
             of
             their
             entertainment
             .
             Therefore
             within
             nine
             years
             the
             
               Judges
               of
               Assize
            
             are
             betrusted
             with
             all
             ,
             and
             that
             Court
             so
             continued
             for
             as
             many
             years
             more
             ;
             and
             then
             the
             King
             marked
             out
             one
             crime
             amongst
             the
             rest
             for
             his
             own
             tooth
             ,
             belonging
             to
             the
             great
             men
             onely
             ;
             
             for
             they
             are
             onely
             to
             commit
             the
             crime
             ,
             and
             to
             give
             recompence
             suitable
             to
             the
             King's
             Appetite
             .
             It
             is
             giving
             of
             Liveries
             ,
             and
             Retainders
             ;
             a
             sore
             evil
             in
             the
             eyes
             of
             a
             jealous
             King
             ,
             tending
             to
             draw
             the
             inferiour
             sort
             to
             honour
             and
             admire
             ,
             and
             be
             of
             the
             suit
             of
             those
             of
             the
             greater
             sort
             ;
             and
             then
             beware
             the
             Crown
             .
             These
             therefore
             must
             be
             tried
             before
             the
             King
             himself
             and
             his
             Council
             ,
             that
             he
             may
             know
             whom
             he
             is
             to
             fear
             ,
             and
             of
             whom
             to
             take
             heed
             .
             And
             hereupon
             is
             a
             strange
             power
             given
             ,
             
             to
             summon
             upon
             a
             meer
             Suspicion
             :
             To
             proceed
             without
             Information
             :
             To
             examine
             the
             Defendant
             upon
             Oath
             ,
             and
             make
             him
             his
             own
             accuser
             :
             To
             punish
             according
             to
             discretion
             by
             Fine
             and
             Imprisonment
             .
             And
             thus
             the
             King
             and
             his
             Council
             have
             gotten
             a
             power
             under
             colour
             of
             Liveries
             and
             Retainders
             ,
             to
             bring
             the
             whole
             Kingdom
             to
             be
             of
             their
             Livery
             ,
             or
             else
             they
             can
             suspect
             whom
             they
             please
             ,
             apprehend
             whom
             they
             suspect
             ,
             put
             him
             presently
             to
             the
             rack
             of
             confession
             ,
             and
             so
             into
             Prison
             ,
             till
             he
             hath
             satisfied
             both
             displeasure
             and
             jealousie
             ,
             and
             covetousness
             it self
             .
             Never
             was
             England
             before
             now
             in
             so
             low
             a
             degree
             of
             thraldom
             ,
             bound
             under
             a
             double
             knot
             of
             self-accusing
             ,
             and
             arbitrary
             censure
             ;
             and
             this
             out-reached
             ,
             not
             onely
             in
             matters
             meerly
             Civil
             ,
             tending
             to
             the
             common
             Peace
             ,
             but
             was
             intruded
             also
             into
             matters
             Ecclesiastical
             in
             order
             to
             the
             peace
             of
             the
             Church
             .
             All
             bound
             unto
             the
             good
             Behaviour
             ,
             both
             in
             Body
             and
             Soul
             ,
             under
             peril
             of
             loss
             of
             all
             that
             a
             man
             hath
             dear
             to
             him
             in
             this
             world
             .
          
           
             The
             plot
             of
             all
             this
             was
             laid
             by
             Henry
             the
             Seventh
             ,
             and
             was
             followed
             by
             Henry
             the
             Eighth
             ,
             who
             put
             that
             into
             practice
             .
             (
             which
             his
             Father
             had
             in
             design
             )
             being
             led
             thereto
             by
             such
             a
             skilful
             Guide
             as
             Cardinal
             Wolsey
             was
             ,
             who
             ,
             though
             of
             mean
             Birth
             ,
             yet
             of
             a
             Spirit
             above
             a
             King
             ,
             and
             equal
             to
             the
             Popedom
             ,
             strained
             the
             string
             of
             Prerogative
             to
             its
             utmost
             height
             ,
             and
             then
             taught
             the
             King
             to
             play
             thereon
             ;
             which
             he
             did
             after
             his
             blunt
             manner
             till
             his
             dying
             day
             .
             And
             thus
             though
             the
             Clergie
             are
             brought
             a
             peg
             lower
             ,
             and
             the
             Nobility
             advanced
             higher
             ,
             yet
             was
             it
             the
             policy
             of
             these
             Kings
             to
             make
             them
             all
             of
             their
             own
             Livery
             and
             Retaindership
             ,
             to
             keep
             them
             in
             an
             upper
             region
             ,
             looking
             on
             the
             poor
             Commons
             at
             a
             distance
             far
             below
             ;
             and
             well
             it
             was
             for
             the
             Commons
             thus
             to
             be
             ,
             till
             the
             influence
             of
             these
             blazing
             Stars
             grew
             cooler
             .
          
        
         
           
             CHAP.
             XXXII
             .
             Of
             the
             Militia
             .
          
           
             IT
             may
             fall
             within
             the
             verge
             of
             Opinion
             ,
             that
             the
             guilty
             Title
             of
             Henry
             the
             Seventh
             to
             the
             Crown
             of
             England
             ,
             gauled
             his
             mind
             with
             jealousie
             ,
             the
             greatest
             part
             of
             his
             Reign
             .
             Whether
             it
             were
             that
             he
             had
             not
             declared
             himself
             so
             fully
             upon
             his
             Title
             by
             his
             Wife
             ,
             or
             that
             as
             yet
             he
             feared
             some
             unknown
             Plantagenet
             would
             arise
             and
             put
             his
             Crown
             to
             the
             question
             .
             This
             made
             him
             skilful
             in
             the
             point
             of
             Fortification
             (
             wherein
             he
             likewise
             
             spent
             the
             greatest
             part
             of
             his
             Reign
             )
             not
             so
             much
             by
             force
             of
             Arms
             (
             for
             he
             cared
             not
             much
             for
             that
             noise
             ,
             well
             knowing
             that
             Peace
             is
             the
             safer
             condition
             for
             a
             King
             that
             comes
             in
             by
             power
             )
             but
             principally
             by
             way
             of
             gaining
             Concessions
             and
             acknowledgement
             from
             the
             Subjects
             :
             a
             Musick
             that
             he
             much
             delighted
             to
             hear
             ,
             well
             knowing
             it
             would
             conclude
             those
             amongst
             them
             that
             knew
             too
             much
             ,
             and
             instruct
             them
             that
             knew
             too
             little
             ;
             and
             so
             in
             time
             he
             should
             pass
             for
             currant
             amongst
             them
             all
             .
             It
             was
             no
             hard
             matter
             for
             the
             King
             to
             accomplish
             this
             ,
             the
             greater
             part
             of
             the
             Kindom
             being
             pre-ingaged
             unto
             his
             Title
             ,
             and
             of
             them
             many
             depending
             upon
             him
             for
             livelihood
             ,
             if
             he
             failed
             ,
             they
             must
             look
             to
             lose
             all
             .
             But
             the
             present
             occasion
             urged
             more
             importantly
             ;
             the
             Title
             to
             the
             Crown
             was
             already
             put
             to
             the
             question
             ,
             by
             the
             pretentions
             of
             one
             that
             named
             himself
             Duke
             of
             York
             :
             And
             it
             is
             now
             high
             time
             for
             the
             Law
             to
             declare
             it self
             ,
             to
             direct
             the
             people
             in
             such
             a
             Case
             .
             What
             shall
             the
             people
             do
             where
             Might
             overcomes
             Right
             ;
             or
             if
             days
             come
             like
             those
             of
             Henry
             the
             Sixth
             ,
             wherein
             the
             Subjects
             should
             be
             between
             Two
             Mill-stones
             ,
             of
             one
             King
             in
             Title
             ,
             and
             another
             King
             in
             possession
             ,
             for
             whom
             must
             they
             take
             up
             Arms
             ?
             If
             for
             Edward
             the
             Fourth
             ,
             then
             are
             they
             Traitors
             to
             Henry
             the
             Sixth
             :
             If
             for
             Henry
             the
             Sixth
             ,
             then
             are
             they
             Traitors
             to
             Edward
             the
             Fourth
             .
             And
             so
             now
             ,
             if
             for
             Henry
             the
             Seventh
             ,
             then
             they
             may
             be
             Traitors
             to
             the
             Duke
             of
             York
             :
             If
             for
             the
             Duke
             of
             York
             ,
             then
             are
             they
             Traitors
             to
             Henry
             the
             Seventh
             .
             For
             though
             the
             Duke
             of
             York
             was
             said
             to
             be
             but
             a
             contrivance
             of
             the
             House
             of
             Burgundy
             ,
             yet
             a
             great
             part
             ,
             both
             of
             the
             great
             men
             and
             others
             ,
             were
             of
             another
             opinion
             ;
             and
             the
             King
             himself
             was
             not
             very
             certain
             of
             his
             condition
             for
             the
             space
             of
             six
             years
             thereby
             .
             This
             puts
             the
             Title
             of
             Allegiance
             ,
             and
             that
             power
             of
             the
             Militia
             ,
             to
             the
             touch
             :
             at
             length
             both
             King
             and
             Parliament
             come
             to
             one
             conclusion
             ,
             consisting
             of
             three
             particulars
             .
          
           
             First
             ,
             
               That
               the
               King
               for
               the
               time
               being
            
             (
             whether
             by
             right
             or
             wrong
             )
             
               ought
               to
               have
               the
               Subjects
               Allegiance
            
             ;
             like
             to
             that
             of
             the
             wise
             Counsellor
             of
             that
             brave
             King
             of
             
               Israel
               ,
               Whom
               the
               Lord
               and
               his
               People
               ,
               and
               all
               the
               men
               of
            
             Israel
             
               chuse
               ,
               his
               will
               I
               be
               .
            
             And
             this
             is
             not
             onely
             declared
             by
             the
             express
             words
             in
             the
             Preface
             of
             the
             Law
             ,
             
             but
             also
             by
             the
             Kings
             own
             practice
             :
             For
             he
             discharged
             such
             as
             aided
             him
             against
             Richard
             the
             Third
             then
             King
             ,
             
             by
             pardon
             by
             Parliament
             ;
             but
             such
             as
             aided
             him
             being
             King
             by
             declaration
             of
             the
             Law.
             
          
           
             Secondly
             ,
             That
             this
             Allegiance
             draweth
             therewith
             ingagement
             for
             the
             defence
             of
             that
             King
             and
             Kingdom
             .
          
           
             Thirdly
             ,
             That
             the
             discharge
             of
             this
             Service
             ,
             whereto
             the
             Subjects
             are
             bound
             by
             Allegiance
             ,
             ought
             not
             to
             be
             imputed
             unto
             them
             as
             Treason
             :
             Nor
             shall
             any
             person
             be
             impeached
             or
             attained
             therefore
             .
             
               The
               first
               and
               the
               last
               of
               these
               need
               no
               dispute
               .
            
          
           
             The
             Second
             is
             more
             worthy
             of
             consideration
             ,
             in
             the
             particular
             words
             set
             down
             in
             the
             Statute
             ,
             
               viz.
               That
               the
               Subjects
               are
               to
               serve
               their
               Prince
               in
               his
               Wars
               ,
               for
               the
               defence
               of
               him
               and
               the
               Land
               ,
               against
               every
               Rebellion
               ,
               Power
               ,
               and
               Might
               ,
               reared
               against
               him
               ;
               and
               with
               him
               to
               enter
               and
               abide
               in
               Service
               in
               Battle
               .
            
             Wherein
             two
             things
             are
             to
             be
             considered
             ,
             the
             Service
             ,
             and
             the
             time
             or
             occasion
             .
          
           
           
             The
             Service
             is
             ,
             
               to
               serve
               the
               Prince
               in
               his
               Wars
               ,
               and
               with
               him
               to
               enter
               and
               abide
               in
               service
               in
               Battel
               :
            
             which
             is
             the
             less
             to
             be
             stood
             upon
             ,
             because
             there
             is
             a
             condition
             annexed
             ,
             
               if
               the
               case
               so
               require
            
             ;
             which
             must
             be
             determined
             by
             some
             Authority
             ,
             not
             particularly
             mentioned
             :
             Albeit
             ,
             that
             whatsoever
             is
             therein
             set
             down
             ,
             is
             onely
             by
             way
             of
             supposal
             in
             a
             Preface
             annexed
             to
             the
             Law
             by
             the
             King
             ,
             and
             permitted
             by
             the
             Commons
             ,
             that
             were
             as
             willing
             the
             same
             should
             be
             allowed
             ,
             as
             the
             King
             himself
             ;
             both
             of
             them
             being
             weary
             of
             Wars
             ,
             and
             willing
             to
             admit
             this
             Conclusion
             ,
             for
             the
             better
             security
             of
             them
             both
             in
             these
             doubtful
             times
             .
             But
             to
             lay
             all
             these
             aside
             :
             for
             the
             Case
             is
             not
             stated
             ,
             till
             the
             Cause
             be
             considered
             ;
             all
             this
             must
             be
             onely
             when
             and
             where
             the
             
               King's
               Person
               and
               Kingdom
               is
               endangered
               by
               Rebellion
               ,
               Power
               or
               Might
               reared
               against
               him
               .
            
             So
             as
             the
             
               King's
               Person
            
             must
             be
             present
             in
             the
             War
             for
             the
             defence
             of
             the
             Kingdom
             ,
             or
             no
             man
             is
             bound
             by
             his
             Allegiance
             to
             hazard
             his
             own
             life
             .
             And
             then
             this
             point
             of
             Allegiance
             consisteth
             onely
             in
             defending
             the
             King
             in
             the
             defence
             of
             the
             Land
             ,
             or
             more
             particularly
             in
             defending
             the
             
               King's
               Person
            
             ,
             he
             being
             then
             
               in
               the
               defence
               of
               the
               Land
            
             ;
             and
             defending
             him
             in
             order
             to
             the
             
               defence
               of
               the
               Land.
            
             So
             as
             no
             man
             can
             rationally
             infer
             from
             hence
             ,
             that
             the
             King
             hath
             an
             universal
             power
             of
             Array
             when
             he
             pleases
             ;
             because
             the
             King
             ,
             when
             he
             pleases
             ,
             may
             not
             levy
             War
             ,
             nor
             make
             other
             War
             than
             a
             defensive
             War
             ,
             
               when
               the
               Land
               is
               endangered
            
             ,
             
             or
             
               when
               need
               shall
               require
            
             ;
             as
             another
             Statute
             hath
             it
             .
             But
             who
             shall
             determine
             this
             need
             or
             danger
             ,
             neither
             in
             these
             or
             any
             other
             Laws
             is
             mentioned
             ;
             either
             out
             of
             want
             of
             occasion
             ,
             or
             by
             reason
             of
             the
             tenderness
             of
             the
             times
             ,
             wherein
             both
             Prince
             and
             People
             were
             willing
             to
             decline
             the
             Question
             .
          
           
             Secondly
             ,
             
               the
               persons
            
             that
             are
             to
             do
             this
             service
             ,
             are
             to
             be
             considered
             of
             ;
             and
             although
             they
             are
             indefinitely
             set
             down
             under
             the
             word
             Subjects
             ,
             it
             may
             be
             supposed
             that
             the
             word
             is
             not
             to
             be
             taken
             in
             so
             large
             a
             sence
             ,
             as
             to
             comprehend
             all
             of
             all
             Ages
             ,
             Sexes
             ,
             Callings
             ,
             and
             Conditions
             ;
             in
             regard
             that
             even
             by
             the
             Common-Law
             ,
             some
             of
             each
             of
             these
             sorts
             are
             discharged
             from
             such
             service
             .
             But
             it
             may
             seem
             ,
             the
             King
             was
             neither
             satisfied
             with
             the
             expressions
             of
             this
             first
             Law
             concerning
             the
             occasion
             or
             time
             of
             this
             service
             ;
             nor
             did
             he
             see
             sufficient
             ground
             ,
             under
             the
             notion
             of
             bare
             Allegiance
             ,
             to
             desire
             more
             .
             New
             ways
             are
             by
             him
             found
             out
             ;
             his
             Patentees
             were
             not
             a
             few
             :
             and
             although
             few
             or
             none
             could
             ever
             boast
             much
             of
             any
             cheap
             Purchases
             gained
             from
             him
             (
             for
             he
             was
             wont
             to
             be
             well
             paid
             beforehand
             for
             his
             Patents
             ,
             either
             by
             Money
             ,
             or
             that
             which
             was
             as
             beneficial
             to
             him
             ,
             )
             yet
             he
             was
             resolved
             ,
             that
             their
             holding
             should
             be
             no
             less
             advantageous
             to
             him
             ,
             than
             their
             having
             .
             And
             therefore
             in
             plain
             words
             he
             lets
             them
             know
             ,
             that
             notwithstanding
             former
             consideration
             ,
             upon
             which
             they
             had
             their
             Patents
             at
             the
             first
             ,
             they
             must
             fight
             for
             him
             ,
             
             if
             they
             will
             live
             upon
             him
             ;
             and
             either
             adventure
             their
             Lives
             or
             their
             Benefit
             ,
             chuse
             they
             which
             :
             and
             if
             they
             find
             fault
             with
             their
             condition
             ,
             he
             touches
             them
             with
             the
             Law
             of
             their
             Allegiance
             .
             And
             thus
             he
             makes
             way
             to
             intimate
             a
             claim
             of
             a
             more
             
               absolute
               Allegiance
            
             :
             for
             being
             to
             shew
             the
             Equity
             of
             the
             Law
             ,
             in
             regard
             of
             their
             Allegiance
             ,
             he
             tells
             them
             ,
             
               That
               every
               Subject
               is
               bound
               by
               his
               Allegiance
               ,
               to
               serve
               and
               assist
               his
               Prince
               and
               Soveraign
               Lord
               ,
               at
               all
               seasons
               ,
               when
               need
               shall
               require
               .
            
             General
             words
             ,
             that
             affirm
             nothing
             in
             certainty
             ,
             yet
             do
             glance
             shrewdly
             upon
             an
             absolute
             and
             universal
             assistance
             .
             Then
             coming
             to
             drive
             the
             Nail
             home
             ,
             it
             is
             said
             ,
             that
             the
             Patentees
             are
             bound
             to
             give
             their
             attendance
             upon
             his
             
               Royal
               Person
            
             ,
             to
             defend
             the
             same
             when
             he
             shall
             fortune
             to
             go
             in
             
               his
               person
            
             to
             Wars
             ,
             for
             the
             defence
             of
             the
             Realm
             ,
             or
             against
             his
             Rebels
             and
             Enemies
             .
             (
             And
             as
             another
             Statute
             
             addeth
             )
             
               Within
               the
               same
               Realm
               ,
               or
               without
               ,
               and
               according
               to
               their
               Allegiance
               ;
               and
               not
               to
               depart
               without
               especial
               License
               ,
               or
               until
               general
               Proclamation
               of
               dismission
               .
            
             In
             short
             therefore
             ,
             here
             is
             a
             new
             Militia
             ,
             as
             touching
             the
             King's
             Patentees
             ;
             they
             must
             attend
             the
             King's
             Person
             whither
             ever
             the
             King
             will
             lead
             them
             ,
             either
             within
             the
             Realm
             ,
             or
             without
             ;
             whether
             against
             such
             as
             he
             will
             suppose
             to
             be
             his
             Enemies
             abroad
             ,
             or
             if
             he
             will
             mistake
             his
             Subjects
             for
             his
             Enemies
             at
             home
             .
             And
             this
             under
             the
             colour
             of
             Allegiance
             ,
             published
             in
             doubtful
             expressions
             ,
             as
             if
             it
             were
             not
             meet
             that
             Henry
             the
             Seventh
             (
             that
             loved
             not
             to
             yoke
             himself
             to
             the
             Law
             )
             should
             yoke
             his
             Laws
             under
             the
             Laws
             of
             plain
             Language
             :
             Or
             rather
             ,
             that
             he
             held
             it
             a
             point
             of
             Policy
             to
             publish
             his
             Laws
             in
             a
             doubtful
             stile
             ,
             that
             such
             as
             durst
             question
             his
             Laws
             ,
             might
             have
             no
             positive
             Charge
             against
             them
             ;
             and
             such
             as
             dared
             not
             to
             enter
             into
             the
             Lists
             with
             him
             ,
             might
             not
             be
             bold
             to
             come
             nigh
             the
             breadth
             of
             them
             .
          
           
             Nevertheless
             ,
             neither
             doth
             the
             glance
             of
             Allegiance
             in
             the
             Preface
             of
             the
             former
             ,
             
             nor
             in
             the
             body
             of
             the
             later
             Statute
             ,
             any
             whit
             confirm
             ,
             that
             what
             is
             in
             them
             enacted
             ,
             
             is
             done
             upon
             the
             ground
             of
             Allegiance
             ;
             but
             contrarily
             ,
             whenas
             the
             first
             Statute
             cometh
             to
             the
             point
             ,
             it
             startles
             from
             the
             ground
             of
             Allegiance
             ,
             and
             flies
             to
             the
             ground
             of
             a
             kind
             of
             Equity
             or
             Reason
             .
             And
             the
             second
             resorteth
             to
             the
             first
             as
             its
             proper
             ground
             ,
             as
             being
             a
             supplement
             thereunto
             in
             Cases
             forgotten
             ,
             and
             so
             omitted
             ;
             though
             it
             may
             be
             rather
             thought
             that
             the
             King
             creeping
             up
             into
             his
             height
             by
             degrees
             ,
             made
             the
             former
             onely
             as
             an
             Essay
             to
             prepare
             the
             way
             for
             the
             later
             ;
             like
             the
             point
             of
             the
             Wedge
             ,
             that
             maketh
             way
             for
             the
             bulk
             and
             body
             thereof
             .
             The
             truth
             of
             this
             Assertion
             will
             be
             more
             manifest
             ,
             from
             the
             nature
             of
             both
             these
             Laws
             ,
             being
             limited
             both
             in
             regard
             of
             time
             and
             person
             .
             In
             regard
             of
             time
             ;
             for
             both
             these
             Laws
             are
             but
             temporary
             ,
             and
             to
             continue
             onely
             during
             the
             Life
             of
             Henry
             the
             Seventh
             ,
             in
             regard
             the
             advancements
             therein
             mentioned
             ,
             as
             the
             moving
             Cause
             ,
             are
             onely
             the
             advancements
             made
             by
             himself
             .
             In
             regard
             of
             the
             person
             ;
             for
             all
             persons
             that
             received
             Advancements
             from
             him
             ,
             are
             not
             bound
             thereby
             ;
             namely
             those
             that
             come
             into
             such
             Advancement
             by
             purchase
             for
             Money
             :
             Neither
             are
             Judges
             and
             other
             Officers
             excepted
             persons
             in
             the
             said
             Statutes
             .
             If
             therefore
             Allegiance
             had
             been
             the
             ground
             of
             these
             Laws
             ,
             it
             had
             equally
             bound
             all
             who
             are
             under
             the
             Bond
             ,
             and
             no
             Equity
             could
             have
             given
             a
             general
             Rule
             of
             discharge
             unto
             such
             condition
             of
             men
             .
             It
             had
             likewise
             bound
             as
             well
             formerly
             and
             afterwards
             ,
             as
             during
             this
             King's
             Reign
             ;
             and
             therefore
             whatever
             semblance
             is
             made
             therein
             concerning
             Allegiance
             ,
             there
             had
             been
             no
             need
             of
             such
             Law
             ,
             if
             Allegiance
             could
             have
             done
             the
             deed
             ,
             or
             if
             the
             power
             of
             Array
             had
             been
             of
             that
             large
             extent
             ,
             as
             it
             hath
             lately
             been
             taken
             .
             In
             my
             conceit
             therefore
             ,
             these
             two
             Laws
             do
             hold
             forth-nothing
             that
             is
             new
             ,
             but
             a
             mind
             that
             Henry
             the
             Seventh
             had
             to
             fill
             his
             Coffers
             ,
             though
             his
             mind
             would
             not
             so
             fill
             .
             He
             would
             have
             Souldiers
             ,
             but
             they
             must
             be
             his
             Patentees
             ;
             not
             for
             any
             skill
             or
             valour
             in
             them
             above
             others
             ,
             but
             he
             hoped
             they
             would
             compound
             with
             him
             for
             Licenses
             to
             absent
             ,
             rather
             than
             to
             adventure
             themselves
             ;
             and
             so
             he
             might
             get
             the
             more
             Money
             ,
             that
             could
             find
             pay
             for
             Souldiers
             more
             and
             better
             than
             they
             were
             or
             would
             be
             .
             For
             otherwise
             the
             Patentees
             might
             by
             the
             Statute
             have
             been
             allowed
             to
             serve
             the
             King
             by
             their
             Deputies
             ;
             which
             would
             have
             done
             the
             King
             better
             service
             in
             the
             Wars
             ,
             than
             themselves
             could
             have
             done
             .
             And
             for
             this
             very
             purpose
             ,
             much
             use
             was
             made
             of
             these
             Statutes
             ,
             as
             well
             by
             Henry
             the
             Seventh
             ,
             as
             Henry
             the
             Eighth
             ,
             both
             for
             Licenses
             and
             Pardons
             ,
             for
             composition
             in
             such
             Cases
             ,
             as
             their
             Records
             do
             plentifully
             shew
             .
          
           
           
             Secondly
             ,
             Let
             the
             Claim
             of
             Kings
             be
             what
             they
             will
             ,
             yet
             the
             matter
             in
             fact
             shews
             plainly
             that
             they
             never
             had
             possession
             of
             what
             they
             claimed
             .
             Both
             these
             Kings
             pretended
             a
             Foreign
             War
             ,
             each
             of
             them
             once
             against
             one
             and
             the
             same
             Nation
             ,
             and
             to
             that
             end
             advanced
             to
             one
             place
             with
             their
             Armies
             ;
             although
             the
             one
             went
             in
             good
             earnest
             ,
             the
             other
             in
             jest
             .
             Their
             Armies
             were
             not
             gathered
             by
             Prerogative
             ,
             but
             of
             Voluntiers
             :
             This
             not
             onely
             the
             Records
             ,
             but
             also
             the
             Statutes
             do
             clearly
             set
             forth
             .
             Some
             Souldiers
             served
             under
             Captains
             of
             their
             own
             choice
             ;
             and
             therefore
             the
             Law
             inflicteth
             a
             Penalty
             upon
             such
             Captains
             as
             bring
             not
             their
             number
             compleat
             ,
             according
             to
             their
             undertaking
             :
             
             other
             Souldiers
             are
             levied
             by
             Commission
             ,
             by
             way
             of
             Imprest
             ,
             which
             in
             those
             days
             were
             Voluntiers
             also
             ,
             and
             expecting
             favour
             from
             the
             Publick
             ;
             the
             rather
             ,
             because
             they
             devoted
             themselves
             thereto
             ,
             without
             relation
             to
             any
             private
             Captain
             ;
             they
             willingly
             therefore
             received
             
             Imprest-money
             .
             And
             of
             this
             course
             the
             State
             saw
             a
             necessity
             ,
             both
             for
             the
             better
             choice
             of
             men
             ,
             and
             for
             the
             more
             publick
             owning
             of
             the
             Work.
             For
             such
             as
             had
             been
             usually
             levied
             by
             the
             Captains
             ,
             were
             fit
             onely
             to
             fill
             up
             room
             ,
             and
             make
             up
             the
             number
             ;
             and
             yet
             many
             times
             there
             was
             a
             failing
             in
             that
             also
             :
             and
             this
             manner
             of
             raising
             the
             Infantry
             ,
             
             was
             continued
             by
             Henry
             the
             Eighth
             ,
             as
             by
             the
             like
             Law
             in
             his
             time
             may
             appear
             .
             As
             touching
             the
             levying
             of
             the
             Horse
             ,
             although
             divers
             Statutes
             were
             made
             for
             the
             maintenance
             of
             the
             breed
             of
             Horses
             ,
             and
             Persons
             of
             all
             degrees
             of
             ability
             were
             assessed
             at
             the
             finding
             and
             maintaining
             of
             a
             certain
             number
             of
             Horses
             ;
             yet
             do
             none
             of
             them
             tell
             us
             ,
             that
             they
             shall
             find
             and
             maintain
             them
             armed
             compleatly
             for
             the
             Wars
             ,
             nor
             shall
             send
             them
             forth
             upon
             their
             own
             charge
             ;
             and
             therefore
             I
             suppose
             they
             were
             raised
             as
             formerly
             .
             
             These
             two
             Kings
             had
             the
             happiness
             to
             be
             admired
             ;
             the
             one
             for
             his
             shrewd
             cunning
             Head
             ,
             
             the
             other
             for
             a
             resolute
             and
             couragious
             Heart
             :
             And
             it
             was
             no
             hard
             matter
             to
             find
             men
             that
             loved
             to
             ingratiate
             themselves
             ,
             and
             endeavour
             to
             catch
             their
             favour
             ,
             though
             with
             the
             adventure
             of
             their
             Lives
             ;
             especially
             if
             they
             looked
             after
             Honour
             and
             Glory
             ,
             which
             as
             a
             Crown
             ,
             they
             say
             ,
             pitched
             at
             the
             Goal
             of
             their
             Actions
             .
          
           
             Thirdly
             ,
             Concerning
             the
             Pay
             of
             the
             Souldier
             ,
             the
             Law
             was
             the
             same
             as
             formerly
             ,
             the
             same
             was
             ascertained
             by
             the
             Statute-Law
             :
             the
             payment
             was
             to
             be
             made
             by
             the
             Captain
             ,
             
             under
             peril
             of
             Imprisonment
             ,
             and
             forfeiture
             of
             Goods
             and
             Chattels
             ;
             
             and
             the
             true
             number
             of
             the
             Souldiers
             to
             be
             maintained
             and
             listed
             ,
             under
             the
             like
             peril
             .
          
           
             Fourthly
             ,
             As
             touching
             the
             
               Souldiers
               service
            
             ,
             the
             same
             course
             also
             was
             taken
             as
             before
             ;
             if
             they
             desert
             their
             Colours
             ,
             they
             should
             be
             punished
             as
             Felons
             ,
             and
             the
             manner
             of
             trial
             to
             be
             at
             the
             Common-Law
             .
          
           
             Fifthly
             ,
             For
             Fortifications
             ,
             the
             power
             properly
             belongeth
             to
             the
             Supreme
             Authority
             to
             give
             order
             therein
             .
             For
             the
             People
             may
             not
             fortifie
             themselves
             (
             otherwise
             than
             in
             their
             particular
             Houses
             ,
             which
             are
             reputed
             every
             man's
             Castle
             )
             because
             
               publick
               Forts
            
             are
             Enemies
             to
             the
             publick
             Peace
             ,
             unless
             in
             case
             of
             publick
             danger
             ;
             concerning
             which
             ,
             private
             persons
             can
             make
             no
             determination
             .
             And
             furthermore
             ,
             no
             Fortifications
             can
             be
             made
             and
             maintained
             ,
             without
             abridgement
             of
             the
             Common
             Liberty
             of
             the
             People
             ;
             either
             by
             impairing
             their
             Free-hold
             ,
             or
             exacting
             their
             Labour
             ,
             or
             other
             Contribution
             ;
             none
             of
             which
             ought
             to
             be
             done
             ,
             but
             by
             publick
             Law.
             And
             therefore
             when
             the
             Inhabitants
             of
             the
             County
             of
             Cornwal
             were
             to
             make
             defence
             against
             Invasion
             and
             Piracy
             from
             the
             Coast
             of
             
               Little
               Britain
            
             ,
             in
             regard
             they
             were
             a
             long
             slender
             County
             ,
             and
             upon
             sudden
             surprizals
             People
             could
             not
             so
             readily
             flock
             together
             for
             their
             joynt
             defence
             ,
             
             they
             obtained
             an
             Act
             of
             Parliament
             to
             give
             them
             power
             to
             fortifie
             the
             Sea-coasts
             according
             to
             the
             direction
             of
             the
             Sheriff
             and
             Justices
             of
             the
             Peace
             .
             
          
           
             Lastly
             ,
             Wars
             once
             begun
             ,
             must
             be
             maintained
             at
             the
             charge
             of
             the
             undertakers
             .
             If
             they
             be
             the
             
               Kings
               own
               Wars
            
             ,
             he
             must
             maintain
             them
             out
             of
             his
             own
             Treasury
             ,
             till
             the
             benefit
             of
             them
             do
             prove
             to
             the
             common
             good
             ;
             and
             in
             such
             cases
             the
             charges
             have
             been
             sometimes
             provided
             before
             the
             work
             ,
             by
             Act
             of
             Parliament
             ,
             and
             sometimes
             after
             .
          
           
             Henry
             the
             Seventh
             ,
             and
             Henry
             the
             Eighth
             ,
             both
             of
             them
             at
             their
             several
             times
             went
             to
             Boloigne
             with
             their
             Armies
             .
             Henry
             the
             Seventh
             with
             an
             intent
             to
             gain
             profit
             to
             himself
             by
             an
             advantagious
             peace
             ;
             and
             had
             his
             ends
             therein
             ,
             and
             was
             ashamed
             to
             ask
             aid
             of
             the
             people
             towards
             the
             charges
             of
             that
             War.
             
          
           
             Henry
             the
             Eighth
             went
             upon
             his
             own
             charge
             also
             with
             his
             Army
             ,
             trusting
             to
             the
             Parliament
             for
             consideration
             to
             be
             had
             of
             his
             employment
             (
             wherein
             his
             expectation
             did
             not
             fail
             )
             and
             in
             his
             absence
             made
             Queen
             Katherine
             General
             of
             all
             the
             Forces
             of
             England
             in
             his
             absence
             ,
             and
             gave
             her
             power
             ,
             with
             other
             five
             Noble
             Personages
             ,
             to
             take
             up
             Money
             upon
             Loan
             ,
             as
             occasion
             should
             require
             ,
             and
             to
             give
             security
             of
             the
             same
             ,
             for
             the
             maintaining
             and
             raising
             of
             Forces
             ,
             if
             need
             should
             require
             ;
             as
             is
             more
             particularly
             set
             forth
             in
             the
             Patent-rolls
             of
             these
             times
             .
             Nevertheless
             ,
             the
             War
             at
             Sea
             
               Infra
               quatuor
               Maria
            
             ,
             was
             ever
             reputed
             defensive
             as
             to
             the
             Nation
             ,
             and
             under
             the
             publick
             charge
             ;
             because
             no
             War
             could
             be
             there
             ,
             but
             an
             Enemy
             must
             be
             at
             hand
             ,
             and
             so
             the
             Nation
             in
             imminent
             danger
             ;
             and
             therefore
             the
             maintenance
             of
             the
             Navy-Royal
             in
             such
             cases
             ,
             was
             from
             the
             publick
             Treasury
             .
          
           
             To
             conclude
             therefore
             ,
             if
             the
             Parliament
             and
             Common
             Law
             in
             all
             these
             Cases
             of
             Levies
             of
             men
             for
             War
             ,
             
             payment
             of
             Souldiers
             ,
             and
             their
             deportment
             ,
             in
             cases
             of
             Fortifications
             ,
             and
             of
             maintenance
             of
             Wars
             at
             Sea
             ,
             
             and
             the
             deportment
             of
             such
             as
             are
             employed
             therein
             ;
             
             I
             say
             ,
             if
             they
             give
             the
             Law
             ,
             and
             carry
             the
             Supream
             Directory
             ,
             then
             certainly
             the
             Law
             rules
             in
             that
             ,
             which
             seems
             most
             lawless
             ;
             and
             though
             Kings
             may
             be
             chief
             Commanders
             ,
             yet
             they
             are
             not
             the
             chief
             Rulers
             .
          
        
         
           
             CHAP.
             XXXIII
             .
             Of
             the
             Peace
             .
          
           
             PEace
             and
             War
             originally
             depend
             upon
             the
             same
             power
             ,
             because
             they
             relate
             each
             to
             other
             ,
             as
             the
             end
             to
             the
             means
             ;
             and
             receive
             motion
             from
             one
             and
             the
             same
             Fountain
             of
             Law
             ,
             that
             ruleth
             both
             in
             Peace
             and
             War.
             It
             is
             very
             true
             ,
             that
             several
             Ages
             hitherto
             have
             been
             troubled
             with
             arbitrary
             Exhalations
             ;
             and
             these
             very
             times
             whereof
             we
             now
             treat
             ,
             are
             not
             altogether
             clear
             from
             such
             an
             air
             .
             Two
             Kings
             we
             have
             at
             once
             in
             view
             ,
             both
             of
             them
             of
             an
             elate
             spirit
             ;
             one
             working
             more
             closely
             by
             cunning
             ,
             the
             other
             more
             openly
             by
             Command
             ,
             yet
             neither
             of
             them
             pretending
             so
             high
             as
             to
             do
             all
             ,
             or
             be
             all
             in
             all
             .
             Peace
             suited
             more
             with
             Henry
             the
             Seventh
             ,
             than
             with
             his
             Son
             ,
             who
             delighted
             to
             be
             accounted
             terrible
             ,
             
             rather
             than
             good
             ;
             yet
             both
             of
             them
             were
             glad
             enough
             to
             be
             at
             peace
             at
             home
             ,
             and
             were
             industrious
             to
             that
             end
             ,
             though
             by
             several
             means
             .
             Henry
             the
             Seventh
             pretended
             Justice
             and
             Peace
             ,
             (
             a
             welcome
             news
             to
             a
             people
             that
             formerly
             accounted
             nothing
             theirs
             but
             by
             the
             leave
             of
             the
             Souldier
             )
             and
             therefore
             sets
             upon
             the
             Reformation
             of
             the
             
               Sheriffs
               Courts
            
             ,
             
             in
             the
             entring
             of
             Plaints
             ,
             
             and
             making
             of
             Juries
             suitable
             to
             that
             present
             time
             ,
             wherein
             men
             of
             Estates
             were
             very
             scarce
             ,
             and
             much
             of
             the
             Riches
             of
             the
             Nation
             evaporated
             into
             the
             Wars
             both
             Civil
             and
             Foreign
             .
             Although
             the
             continuance
             of
             that
             order
             concerning
             Juries
             in
             the
             succeeding
             times
             of
             opulency
             ,
             hath
             brought
             these
             Courts
             into
             contempt
             ,
             and
             made
             way
             thereby
             for
             the
             Kings
             Courts
             to
             swell
             in
             Glory
             ,
             and
             to
             advance
             Prerogative
             even
             above
             it self
             .
          
           
             Secondly
             ,
             he
             reforms
             Goals
             ,
             as
             well
             in
             their
             number
             as
             their
             use
             .
             During
             the
             Civil
             Wars
             ,
             every
             small
             party
             of
             men
             that
             could
             get
             a
             strong
             place
             ,
             made
             the
             same
             not
             onely
             a
             Castle
             ,
             but
             a
             Goal
             ,
             and
             usually
             imprisoned
             and
             ransomed
             at
             their
             own
             pleasure
             .
             
             For
             remedy
             whereof
             ,
             Henry
             the
             Seventh
             restores
             all
             Goals
             to
             the
             Sheriffs
             ,
             saving
             such
             as
             hold
             by
             Inheritance
             ;
             and
             gives
             power
             to
             two
             Justices
             of
             the
             Peace
             ,
             
             one
             being
             of
             the
             Quorum
             ,
             
             to
             take
             Bail
             in
             cases
             bailable
             ,
             and
             Recognizances
             of
             the
             Peace
             ,
             to
             be
             certified
             at
             the
             next
             Sessions
             or
             Goal-delivery
             .
          
           
             Thirdly
             ,
             both
             Kings
             concur
             in
             providing
             against
             such
             disorders
             ,
             as
             more
             immediately
             did
             trench
             upon
             the
             publick
             Peace
             ,
             and
             reached
             at
             the
             Crown
             it self
             ,
             by
             labouring
             to
             prevent
             by
             severe
             punishing
             ;
             and
             lastly
             ,
             by
             regulating
             the
             proceedings
             of
             Judicature
             in
             such
             cases
             .
          
           
             These
             disorders
             were
             two
             ;
             inordinate
             wearing
             of
             Liveries
             ,
             and
             
               unlawful
               Assemblies
            
             :
             The
             
               first
               being
               in
               nature
               of
               unlawful
               assembly
               of
               minds
               and
               spirits
               of
               men
               ;
               the
               second
               ,
               of
               their
               bodies
               and
               persons
               .
            
             Both
             these
             had
             formerly
             been
             provided
             against
             ;
             but
             the
             Judges
             of
             the
             Common
             Law
             ,
             unto
             whose
             Cognizance
             these
             Crim●
             were
             holden
             ,
             did
             restrain
             their
             punishments
             to
             the
             rule
             of
             the
             Common
             Law
             ,
             then
             thought
             to
             be
             too
             facile
             and
             mean
             for
             disorders
             that
             did
             flie
             at
             so
             high
             a
             pitch
             ;
             and
             therefore
             they
             are
             reduced
             before
             a
             higher
             Tribunal
             ,
             as
             matter
             of
             State
             ,
             as
             hath
             been
             already
             mentioned
             .
             
             The
             severity
             of
             punishment
             consisted
             not
             so
             much
             in
             aggravating
             the
             Pain
             ,
             
             as
             the
             Crime
             ;
             matters
             of
             injury
             being
             made
             Felonies
             ,
             and
             those
             Treasons
             .
          
           
             This
             Crime
             of
             Treason
             ,
             at
             first
             it
             concerned
             matters
             acted
             against
             the
             Nation
             ;
             afterwards
             it
             reached
             to
             matters
             acted
             against
             the
             King
             ;
             now
             it
             reacheth
             even
             to
             the
             very
             thoughts
             and
             imaginations
             of
             the
             heart
             ;
             not
             onely
             of
             bodily
             harm
             to
             the
             King
             ,
             
             but
             of
             the
             Queen
             ,
             or
             their
             Heirs
             apparent
             ,
             or
             tending
             to
             deprive
             them
             of
             their
             Title
             of
             Name
             of
             Royal
             Estate
             .
             
             This
             Crime
             was
             formerly
             made
             but
             Felony
             by
             Henry
             the
             Seventh
             ,
             and
             then
             onely
             extended
             to
             such
             offence
             committed
             by
             one
             of
             the
             Kings
             Houshold
             against
             the
             Person
             of
             the
             King
             ,
             or
             a
             Lord
             ,
             or
             any
             of
             the
             Council
             ,
             Steward
             ,
             Treasurer
             ,
             or
             Controller
             ;
             so
             as
             the
             Person
             of
             the
             Queen
             was
             not
             then
             in
             the
             case
             ,
             and
             yet
             then
             newly
             Crowned
             ,
             and
             at
             that
             instant
             bearing
             in
             her
             Womb
             the
             Royal
             Seed
             ,
             which
             was
             then
             the
             onely
             earnest
             of
             the
             stability
             and
             glory
             of
             England
             ;
             and
             therefore
             it
             is
             a
             subject
             of
             wonderment
             ,
             unless
             it
             were
             out
             of
             extremity
             of
             Jealousie
             ,
             lest
             he
             should
             seem
             to
             make
             too
             great
             account
             of
             her
             Title
             ,
             and
             thereby
             disparage
             his
             own
             .
             And
             then
             is
             it
             a
             piece
             of
             wit
             ,
             but
             not
             without
             weakness
             ;
             
             for
             he
             that
             is
             jealous
             of
             the
             slightings
             of
             other
             men
             ,
             shews
             himself
             unresolved
             in
             his
             own
             pretensions
             .
             Now
             Henry
             the
             Eighth
             not
             onely
             raised
             the
             price
             ,
             but
             added
             to
             the
             thing
             ;
             and
             not
             onely
             putteth
             the
             Queen
             ,
             but
             the
             Prince
             or
             Heir
             apparent
             into
             the
             Case
             ,
             making
             the
             same
             Treason
             .
             So
             as
             it
             implieth
             ,
             that
             
               English
               Allegiance
            
             tieth
             the
             Subject
             ,
             not
             onely
             to
             the
             safety
             of
             the
             Person
             of
             the
             King
             ,
             but
             also
             to
             the
             Queen
             and
             Heir
             apparent
             ;
             otherwise
             the
             offence
             is
             made
             and
             declared
             Treason
             against
             the
             King.
             
          
           
             Secondly
             ,
             The
             Election
             of
             the
             Object
             is
             to
             be
             considered
             :
             for
             whether
             the
             one
             or
             other
             Statute
             be
             observed
             ,
             it
             will
             appear
             ,
             that
             although
             the
             King
             was
             the
             next
             object
             expressed
             ,
             yet
             a
             further
             was
             intended
             ;
             and
             that
             the
             Crime
             is
             not
             intended
             ,
             in
             regard
             of
             his
             
               natural
               Capacity
            
             as
             a
             man
             ,
             but
             of
             his
             
               politick
               Capacity
            
             ,
             and
             in
             relation
             to
             the
             Common
             good
             of
             the
             Nation
             .
             And
             this
             is
             evident
             ,
             not
             onely
             from
             the
             several
             Prefaces
             of
             the
             Laws
             ,
             but
             also
             from
             the
             manner
             of
             Election
             ,
             whereby
             the
             Title
             of
             Heir
             apparent
             is
             taken
             up
             ,
             and
             not
             the
             Eldest
             Son
             or
             Daughter
             ,
             or
             these
             ,
             and
             not
             the
             other
             Children
             ,
             all
             which
             are
             equally
             dearly
             beloved
             in
             natural
             regard
             .
          
           
             Thirdly
             ,
             Though
             at
             the
             Common
             Law
             Treason
             be
             properly
             a
             Crime
             against
             Allegiance
             ,
             yet
             as
             in
             Cases
             of
             Felony
             crimes
             may
             be
             by
             the
             Statute
             made
             as
             Treason
             ,
             which
             at
             the
             Common
             Law
             are
             not
             against
             the
             Legiance
             of
             an
             English
             man
             ;
             for
             this
             remaineth
             ever
             one
             and
             the
             same
             :
             but
             one
             and
             the
             same
             fact
             may
             be
             made
             Treason
             ,
             and
             unmade
             ,
             by
             the
             Statute-law
             ,
             as
             befel
             this
             Law
             of
             Henry
             the
             Eighth
             ,
             by
             a
             Law
             within
             twenty
             years
             after
             ;
             like
             as
             also
             in
             former
             times
             ,
             one
             and
             the
             same
             fact
             hath
             many
             times
             received
             the
             like
             measure
             .
             
             Other
             Treasons
             besides
             these
             already
             mentioned
             ,
             were
             by
             Henry
             the
             Eighth
             created
             ;
             as
             Marriage
             with
             any
             of
             the
             Kings
             Sisters
             ,
             Daughters
             or
             Aunts
             of
             the
             Father's
             side
             ,
             or
             the
             Daughters
             of
             his
             Brethren
             or
             Sisters
             ,
             without
             consent
             first
             had
             of
             the
             King
             :
             
             Counterfeiting
             currant
             Money
             ,
             not
             of
             the
             Kings
             Coynage
             ,
             was
             likewise
             made
             Treason
             by
             Henry
             the
             Seventh
             ,
             who
             was
             well
             seen
             in
             that
             Mystery
             or
             Money-trade
             :
             
             and
             the
             like
             also
             became
             of
             Counterfeitures
             of
             the
             Kings
             Privy
             Signet
             and
             Sign
             Manual
             .
          
           
             And
             lastly
             ,
             
             that
             horrid
             trick
             of
             Poysoning
             was
             reduced
             to
             this
             Category
             ,
             rather
             that
             the
             Penalty
             might
             be
             more
             terrible
             in
             the
             Death
             (
             which
             was
             by
             boyling
             )
             than
             for
             any
             Tincture
             in
             the
             Nature
             of
             the
             Crime
             ,
             or
             in
             any
             Forfeiture
             of
             Estate
             .
          
           
             The
             policy
             of
             these
             times
             thus
             irritated
             against
             Treason
             ,
             
             had
             proved
             very
             irregular
             ,
             if
             the
             same
             had
             not
             been
             as
             rigid
             in
             cases
             of
             Felony
             .
             Divers
             new
             ones
             of
             that
             kind
             are
             also
             dubbed
             ;
             amongst
             which
             Conjuration
             or
             Witchcraft
             comes
             first
             ;
             an
             old
             Felony
             in
             the
             Saxons
             time
             ,
             but
             since
             had
             gotten
             its
             Clergie
             ,
             now
             well-nigh
             for
             the
             space
             of
             Five
             hundred
             years
             ,
             and
             they
             it
             ;
             so
             as
             it
             never
             walked
             abroad
             amongst
             the
             Laity
             ,
             but
             under
             the
             favour
             of
             the
             Cloistered
             people
             ;
             nor
             ever
             came
             before
             the
             Civil
             Power
             ,
             till
             now
             Henry
             the
             Eighth
             brought
             it
             forth
             into
             its
             own
             ancient
             and
             proper
             Regiment
             .
             Other
             crimes
             ,
             being
             those
             of
             the
             season
             ,
             are
             made
             into
             the
             same
             degree
             :
             
             Such
             as
             were
             taking
             of
             Women
             into
             Captivity
             ;
             
             unlawful
             Huntings
             with
             disguises
             ;
             
             malicious
             breaking
             of
             the
             Dikes
             and
             Banks
             in
             Marshland
             ;
             
             Servants
             embezzelling
             their
             Masters
             Goods
             to
             the
             
             value
             of
             Forty
             shillings
             or
             upward
             ,
             which
             (
             besides
             that
             of
             Heresie
             ,
             whereof
             formerly
             )
             though
             of
             a
             new
             stamp
             ,
             yet
             of
             so
             good
             a
             constitution
             ,
             that
             they
             remain
             unto
             this
             day
             under
             the
             same
             brand
             .
          
           
             But
             let
             the
             Laws
             be
             never
             so
             severe
             ,
             if
             they
             have
             not
             free
             liberty
             to
             walk
             at
             large
             ,
             they
             are
             soon
             ghostless
             ;
             and
             therefore
             these
             two
             Kings
             ,
             especally
             the
             later
             ,
             gained
             that
             Honour
             above
             their
             Predecessors
             ,
             that
             they
             gave
             the
             Law
             a
             free
             and
             full
             scope
             over
             all
             persons
             but
             themselves
             and
             their
             Assignees
             ,
             and
             in
             all
             places
             .
             First
             ,
             concerning
             places
             ,
             every
             one
             knows
             the
             Notion
             ,
             but
             few
             considered
             the
             extent
             of
             
               Sanctuary
               ground
            
             in
             England
             ,
             that
             could
             sanctifie
             any
             crime
             or
             criminal
             person
             in
             such
             manner
             ,
             that
             though
             the
             eye
             of
             Justice
             could
             see
             ,
             yet
             the
             hand
             of
             Justice
             could
             never
             reach
             them
             ,
             till
             Henry
             the
             Eighth
             plundred
             them
             of
             all
             their
             Sanctity
             ,
             and
             made
             all
             places
             common
             .
             So
             as
             no
             Treason
             could
             hide
             it self
             ,
             but
             where
             the
             Act
             of
             Parliament
             did
             appoint
             ,
             
             and
             turned
             their
             names
             from
             Sanctuaries
             to
             priviledged
             places
             .
             
             The
             sanctity
             of
             the
             person
             was
             yet
             more
             mischievous
             and
             hard
             to
             be
             reformed
             ;
             
             it
             had
             been
             often
             attempted
             before
             these
             times
             ,
             with
             little
             success
             .
             Henry
             the
             Seventh
             gained
             some
             ground
             herein
             beyond
             his
             Ancestors
             ;
             the
             Delinquent
             might
             have
             his
             Clergie
             once
             ,
             but
             not
             the
             second
             time
             ,
             (
             though
             he
             fled
             to
             the
             
               horns
               of
               the
               Altar
            
             )
             and
             was
             ever
             after
             known
             by
             a
             brand
             in
             the
             hand
             .
             
             Thus
             far
             did
             Henry
             the
             Seventh
             go
             ,
             and
             would
             have
             done
             more
             ,
             even
             as
             far
             as
             unto
             those
             in
             
               Holy
               Orders
            
             .
             But
             Henry
             the
             Eighth
             coming
             on
             ,
             in
             point
             of
             Treason
             ,
             made
             all
             persons
             common
             ,
             
             without
             respect
             of
             their
             Orders
             or
             Profession
             .
             Death
             makes
             an
             equal
             end
             of
             all
             .
             
             In
             cases
             of
             Murther
             ,
             Robbery
             ,
             Burning
             of
             Houses
             ;
             Felonies
             done
             in
             holy
             Ground
             ,
             High-way
             ,
             or
             Dwelling-house
             ;
             refusal
             of
             Trial
             ;
             
             peremptory
             challenge
             of
             above
             twenty
             of
             the
             Pannel
             ;
             Servants
             embezzelling
             their
             Masters
             Goods
             in
             value
             Forty
             shillings
             ,
             or
             upwards
             ;
             in
             all
             these
             Cases
             no
             Clergie
             could
             be
             allowed
             ,
             but
             to
             persons
             in
             
               Holy
               Orders
            
             ,
             
             and
             those
             also
             to
             be
             perpetually
             imprisoned
             in
             the
             Ordinaries
             Prison
             .
             And
             yet
             this
             exception
             held
             not
             long
             in
             force
             ,
             but
             these
             men
             also
             were
             equally
             wrapped
             up
             in
             the
             same
             course
             ,
             to
             have
             their
             Clergie
             ,
             
             and
             indure
             the
             brand
             even
             as
             other
             men
             .
          
           
             Two
             difficulties
             yet
             remain
             ,
             which
             hindred
             the
             execution
             of
             the
             Laws
             against
             Treason
             .
             One
             ,
             concerning
             the
             Place
             ;
             the
             other
             ,
             the
             Person
             .
          
           
             The
             Place
             many
             times
             of
             the
             plotting
             and
             beginning
             of
             the
             Treason
             befalleth
             to
             be
             without
             the
             walk
             of
             the
             Kings
             Writ
             ;
             in
             which
             Case
             by
             the
             Common
             Law
             it
             cannot
             be
             inquired
             or
             tried
             :
             or
             it
             may
             be
             ,
             that
             the
             men
             of
             the
             place
             be
             generally
             disaffected
             ,
             and
             then
             no
             hope
             of
             finding
             out
             the
             matter
             .
             
             In
             such
             Cases
             therefore
             it
             is
             provided
             ,
             that
             be
             the
             crime
             wheresoever
             the
             Delinquent
             will
             ,
             
             it
             shall
             nevertheless
             be
             inquired
             ,
             and
             tried
             where
             the
             King
             will.
             
          
           
             The
             Person
             of
             the
             Delinquent
             also
             many
             times
             changed
             its
             condition
             ;
             it
             might
             be
             sober
             at
             the
             time
             of
             the
             Delinquency
             ,
             and
             afterwards
             upon
             discovery
             prove
             Lunatick
             ,
             and
             thereby
             avoid
             the
             Trial
             ;
             this
             ,
             whether
             in
             jest
             or
             earnest
             ,
             
             by
             a
             Statute
             is
             made
             all
             one
             ;
             and
             it
             is
             ordained
             ,
             
               That
               in
               case
               the
               Fact
               be
               confessed
               by
               the
               Delinquent
               before
               the
               Lords
               of
               the
               Council
               ,
               at
               such
               time
               as
               the
               party
               accused
               was
               of
               sound
               mind
               ,
               and
               the
               same
               be
               attested
               under
               the
               hands
               of
               four
               of
               those
               Lords
               ,
               the
               same
               shall
               be
               a
               good
               ground
               to
               proceed
               to
               inquisition
               before
               Commissioners
               ;
               and
               the
               same
               being
               found
               ,
               to
               try
               the
               Delinquent
               without
               answer
               or
               appearance
               ,
               saving
               unto
               Barons
               their
               Trial
               by
               their
               Peers
               .
            
             And
             thus
             however
             in
             their
             Fits
             ,
             the
             Will
             of
             the
             Persons
             
             of
             these
             Kings
             was
             too
             hardy
             for
             the
             Kings
             to
             manage
             according
             to
             rule
             ,
             yet
             the
             Law
             still
             in
             Title
             kept
             the
             Saddle
             ,
             held
             the
             Reins
             ,
             and
             remaineth
             the
             chief
             Arbitrator
             unto
             every
             man.
             
          
        
         
           
             CHAP.
             XXXIV
             .
             Of
             the
             general
             Government
             of
             Edward
             the
             Sixth
             ,
             Queen
             Mary
             ,
             and
             Queen
             Elizabeth
             .
          
           
             WE
             are
             at
             length
             come
             within
             sight
             of
             the
             shore
             ,
             where
             finding
             the
             Currents
             various
             and
             swift
             ,
             and
             the
             Waves
             rough
             ,
             I
             shall
             first
             make
             my
             course
             through
             them
             severally
             ,
             and
             then
             shall
             bring
             up
             the
             general
             Account
             of
             the
             Reigns
             of
             One
             King
             and
             Three
             Governours
             .
          
           
             The
             King
             was
             a
             Youth
             of
             about
             Ten
             years
             old
             ,
             yet
             was
             older
             than
             he
             seemed
             by
             Eleven
             years
             ;
             for
             he
             had
             all
             the
             Ammunition
             of
             a
             wise
             King
             ,
             and
             in
             one
             respect
             ,
             beyond
             all
             his
             Predecessors
             ,
             that
             made
             him
             King
             indeed
             ,
             
               By
               the
               Grace
               of
               God.
            
             He
             was
             the
             onely
             Son
             of
             Henry
             the
             Eighth
             ;
             yet
             that
             was
             not
             all
             his
             Title
             ,
             he
             being
             the
             first
             President
             in
             the
             point
             of
             a
             young
             Son
             ,
             and
             two
             elder
             Daughters
             by
             several
             venters
             ;
             the
             eldest
             of
             whom
             was
             now
             thirty
             years
             old
             ,
             able
             enough
             to
             settle
             the
             Government
             of
             a
             distracted
             Nation
             ;
             and
             the
             Son
             so
             young
             ,
             as
             by
             an
             Act
             of
             Parliament
             ,
             he
             was
             disabled
             to
             settle
             any
             Government
             at
             all
             ,
             till
             he
             should
             pass
             the
             Fifteenth
             year
             of
             his
             Reign
             .
             But
             the
             thing
             was
             setled
             in
             the
             life-time
             of
             his
             Father
             ,
             whose
             last
             Will
             ,
             though
             it
             speak
             the
             choce
             ,
             yet
             the
             Parliament
             made
             the
             Election
             ,
             and
             declared
             it
             .
             The
             condition
             of
             this
             King's
             Person
             was
             every
             way
             tender
             ;
             
             born
             and
             sustained
             by
             extraordinary
             means
             ;
             
             which
             could
             never
             make
             his
             days
             many
             ,
             or
             Reign
             long
             .
             His
             spirit
             was
             soft
             and
             tractable
             ,
             a
             dangerous
             temper
             in
             an
             ill
             air
             ;
             but
             being
             fixed
             by
             a
             higher
             principle
             than
             nature
             yielded
             him
             ,
             and
             the
             same
             beautified
             with
             excellent
             endowments
             of
             Nature
             ,
             and
             Arts
             ,
             and
             Tongues
             ,
             he
             out-went
             all
             the
             Kings
             in
             his
             time
             of
             the
             Christian
             world
             .
             His
             Predecessors
             provided
             Apparel
             and
             Victual
             to
             this
             Nation
             ,
             but
             he
             Education
             ;
             and
             thereby
             fitted
             it
             to
             overcome
             a
             fiery
             Trial
             ,
             which
             soon
             followed
             his
             departure
             .
          
           
             The
             Model
             of
             his
             Government
             was
             as
             tender
             as
             himself
             ,
             scarce
             induring
             to
             see
             his
             Funeral
             ;
             ready
             for
             every
             change
             ,
             subject
             to
             tumults
             and
             Rebellions
             ;
             an
             old
             trick
             that
             ever
             attends
             the
             beginning
             of
             Reformation
             ,
             like
             the
             Wind
             the
             Sun-rising
             .
             The
             diversity
             of
             Interests
             in
             the
             Great
             men
             ,
             especially
             in
             point
             of
             Religion
             ,
             for
             the
             most
             part
             first
             set
             these
             into
             motion
             ;
             for
             some
             of
             them
             had
             been
             so
             long
             maintained
             by
             the
             Romish
             Law
             ,
             that
             they
             could
             never
             endure
             the
             Gospel
             :
             and
             yet
             the
             different
             Interests
             in
             matters
             of
             State
             made
             the
             greater
             noise
             .
             All
             was
             under
             a
             protector
             fitly
             composed
             to
             the
             Kings
             mind
             ,
             but
             ill
             matched
             with
             rugged
             ,
             humorous
             ,
             aspiring
             minds
             ;
             whereof
             one
             that
             should
             have
             been
             the
             Protectors
             great
             Friend
             ,
             became
             his
             fatal
             Enemy
             ;
             and
             though
             he
             were
             his
             Brother
             ,
             to
             prejudice
             his
             Interest
             ,
             pawned
             his
             own
             blood
             .
             The
             other
             ,
             which
             was
             the
             Duke
             of
             Northumberland
             ,
             had
             his
             will
             ,
             but
             missed
             his
             end
             :
             for
             having
             removed
             the
             Protector
             out
             of
             the
             way
             ,
             and
             gotten
             the
             chief
             power
             about
             the
             King
             ,
             yet
             could
             he
             not
             hold
             long
             what
             he
             had
             gotten
             ;
             for
             the
             King
             himself
             ,
             after
             Sixteen
             months
             decaying
             ,
             went
             into
             another
             
             world
             ,
             and
             left
             the
             Duke
             to
             stand
             or
             fall
             before
             some
             other
             Power
             ;
             which
             came
             to
             pass
             upon
             the
             entry
             of
             the
             next
             Successor
             .
          
           
             The
             greatest
             trouble
             of
             his
             Government
             arose
             from
             the
             prosecution
             of
             a
             design
             of
             his
             Grandfather
             ,
             Henry
             the
             Seventh
             ,
             for
             the
             uniting
             of
             the
             two
             Crowns
             of
             England
             and
             Scotland
             by
             marriage
             ,
             and
             setling
             an
             enduring
             Peace
             within
             this
             Isle
             :
             and
             unto
             this
             Work
             all
             were
             Aiders
             in
             both
             Nations
             ,
             but
             the
             Enemies
             of
             both
             .
             But
             God's
             ways
             are
             not
             as
             Man
             's
             ;
             it
             is
             a
             rare
             Example
             ,
             to
             find
             out
             one
             Marriage
             that
             did
             ever
             thrive
             to
             this
             end
             .
             England
             meaned
             well
             ,
             in
             proffering
             Love
             ;
             but
             the
             Wooing
             was
             ill-favouredly
             carried
             on
             ,
             by
             so
             much
             Bloud
             .
          
           
             Lastly
             ,
             As
             the
             Government
             was
             now
             tender
             ,
             so
             was
             it
             carried
             with
             much
             compliance
             with
             the
             People
             :
             which
             ever
             gives
             occasion
             to
             such
             of
             them
             that
             are
             irregular
             ,
             to
             be
             more
             ;
             and
             such
             as
             are
             well
             governed
             ,
             to
             be
             less
             ;
             because
             ,
             though
             pleasing
             it
             be
             ,
             yet
             it
             is
             with
             less
             awe
             and
             spirit
             :
             which
             renders
             their
             obedience
             ,
             at
             the
             best
             ,
             but
             careless
             and
             idle
             ;
             unless
             such
             as
             are
             very
             consciencious
             be
             the
             more
             careful
             over
             their
             own
             ways
             ,
             by
             how
             much
             their
             Superiours
             are
             the
             less
             .
          
           
             NOT
             thus
             was
             Queen
             Mary
             ,
             
             but
             (
             like
             a
             Spaniard
             )
             she
             over-ruled
             all
             Relations
             and
             Engagements
             by
             Design
             :
             she
             was
             about
             Forty
             years
             old
             ,
             and
             yet
             unmarried
             ,
             when
             she
             came
             to
             the
             Throne
             ;
             it
             may
             seem
             she
             wanted
             a
             mind
             to
             that
             course
             of
             life
             ,
             from
             natural
             abstinency
             ,
             or
             was
             loath
             to
             adventure
             her
             Feature
             (
             which
             was
             not
             excellent
             )
             to
             the
             Censure
             of
             any
             Prince
             of
             as
             high
             degree
             as
             she
             held
             her self
             to
             be
             ;
             
             or
             her
             value
             was
             not
             known
             :
             so
             as
             to
             persons
             of
             meaner
             Interests
             ,
             she
             might
             seem
             too
             much
             above
             ;
             and
             to
             those
             of
             greater
             ,
             too
             much
             beneath
             .
             Or
             possibly
             her
             Father
             was
             loath
             to
             let
             the
             world
             know
             her
             Title
             to
             the
             Crown
             ,
             till
             needs
             must
             ;
             or
             to
             raise
             up
             a
             Title
             for
             another
             man
             ,
             so
             long
             as
             he
             had
             hope
             of
             a
             Son
             of
             his
             own
             to
             succeed
             him
             ;
             and
             yet
             had
             formerly
             designed
             her
             for
             a
             Wife
             to
             Charles
             the
             Fifth
             ,
             
             and
             afterwards
             to
             the
             Dauphine
             of
             France
             .
             Or
             it
             may
             be
             her self
             had
             set
             a
             command
             of
             her self
             ,
             not
             to
             change
             her
             Estate
             ,
             till
             she
             saw
             the
             course
             of
             the
             Crown
             either
             to
             or
             fro
             .
             However
             ,
             the
             time
             is
             now
             come
             ,
             that
             she
             must
             marry
             ,
             
             or
             adventure
             her
             Womanhood
             upon
             an
             uncertain
             and
             troublesome
             state
             of
             Affairs
             .
             She
             liked
             the
             Lord
             Courtnee
             above
             the
             Prince
             of
             Spain
             ,
             but
             feared
             he
             would
             not
             design
             with
             her
             .
             She
             held
             him
             not
             unmeet
             for
             her
             degree
             :
             for
             she
             feared
             he
             was
             good
             enough
             for
             her
             Sister
             ,
             that
             then
             also
             had
             the
             Title
             of
             a
             Kingdom
             waiting
             so
             nigh
             her
             person
             ,
             as
             she
             was
             an
             Object
             of
             Hope
             to
             her
             Friends
             ,
             and
             Fear
             to
             her
             Enemies
             .
             And
             yet
             Queen
             Mary
             married
             the
             Prince
             of
             Spain
             :
             It
             may
             be
             it
             ran
             in
             the
             Bloud
             ,
             to
             marry
             into
             their
             own
             Bloud
             ;
             or
             rather
             ,
             she
             was
             thereto
             led
             by
             
               reason
               of
               State
            
             ,
             partly
             to
             enable
             her
             with
             greater
             security
             in
             the
             resetling
             of
             her
             Kingdom
             in
             the
             Popish
             Religion
             ,
             wherein
             she
             knew
             she
             had
             to
             do
             with
             a
             People
             not
             easie
             to
             be
             reduced
             ,
             where
             Conscience
             pretended
             Reluctancy
             ;
             and
             partly
             to
             assure
             her
             Dominion
             against
             the
             Out-works
             of
             the
             French
             and
             Scotish
             designs
             .
             And
             so
             she
             yielded
             up
             the
             Supremacy
             of
             her
             Person
             to
             the
             Prince
             of
             Spain
             ,
             but
             (
             thanks
             to
             the
             Nobility
             )
             the
             Supremacy
             of
             the
             Kingdom
             was
             reserved
             to
             her
             own
             use
             :
             for
             it
             was
             once
             in
             her
             purpose
             to
             have
             given
             up
             all
             to
             the
             man
             ,
             rather
             than
             to
             miss
             of
             the
             man.
             And
             yet
             their
             condition
             was
             not
             much
             comfortable
             to
             either
             :
             The
             Peoples
             dislike
             of
             the
             Match
             sounded
             so
             loud
             abroad
             ,
             that
             when
             the
             
             Prince
             was
             to
             come
             over
             ,
             the
             Emperour
             his
             Father
             demanded
             fifty
             Pledges
             for
             his
             Sons
             safety
             during
             his
             abode
             in
             this
             Land
             ;
             which
             was
             also
             denied
             .
             When
             he
             was
             come
             over
             ,
             the
             English
             fear
             the
             Spanish
             Tyranny
             ;
             and
             the
             Spanish
             ,
             
             the
             old
             Saxon
             entertainment
             of
             the
             Danes
             .
             So
             both
             lie
             at
             their
             close
             guards
             ;
             as
             after
             some
             time
             the
             King
             and
             Queen
             did
             no
             less
             :
             for
             the
             Queen
             was
             either
             never
             earnest
             in
             her
             affection
             ,
             or
             now
             much
             less
             ;
             finding
             his
             Body
             diseased
             ,
             and
             his
             Mind
             lingering
             after
             unlawful
             game
             .
             On
             the
             other
             side
             ,
             the
             King
             not
             finding
             that
             content
             in
             her
             Person
             (
             especially
             after
             her
             supposed
             Conception
             )
             that
             he
             expected
             ,
             looked
             to
             his
             own
             Interest
             apart
             from
             hers
             ,
             and
             thereby
             taught
             her
             to
             do
             the
             like
             .
             And
             this
             she
             thought
             cost
             England
             the
             loss
             of
             Callis
             ,
             and
             he
             Spain
             the
             loss
             of
             many
             advantages
             that
             might
             have
             been
             obtained
             ,
             and
             was
             expected
             from
             this
             Conjunction
             .
             Thus
             by
             the
             several
             Interests
             between
             the
             
               King
               Regnant
            
             and
             the
             
               Queen
               Regent
            
             ,
             the
             Government
             of
             England
             became
             like
             a
             Knot
             dissolving
             ,
             neither
             fast
             nor
             loose
             .
          
           
             Towards
             the
             People
             she
             might
             well
             be
             reserved
             ,
             if
             not
             rigid
             :
             for
             she
             knew
             her
             entry
             was
             not
             very
             acceptable
             ,
             though
             accepted
             ;
             and
             that
             her
             Design
             was
             contrary
             to
             her
             Engagements
             :
             and
             therefore
             it
             was
             vain
             to
             think
             to
             please
             her self
             ,
             and
             pleasure
             them
             .
             Nor
             did
             she
             much
             busie
             her
             thoughts
             therewith
             :
             that
             abominated
             trick
             of
             
               Impost
               upon
               Merchandize
            
             she
             brought
             into
             fashion
             ,
             which
             had
             by
             many
             publick
             Acts
             been
             damned
             for
             the
             space
             of
             two
             hundred
             years
             .
             This
             was
             done
             without
             either
             shame
             or
             fear
             :
             
             for
             if
             the
             People
             turned
             head
             ,
             she
             knew
             she
             had
             a
             good
             reserve
             from
             Spain
             ;
             and
             the
             People
             might
             very
             well
             consider
             of
             that
             ,
             though
             for
             her
             part
             she
             desired
             not
             much
             to
             improve
             that
             Foreign
             Interest
             ;
             because
             she
             might
             well
             see
             that
             Spain
             designed
             to
             keep
             England
             so
             far
             beneath
             ,
             that
             France
             might
             not
             get
             above
             :
             And
             that
             Philip
             neither
             loved
             the
             double
             Crown
             of
             England
             ,
             no
             ,
             nor
             the
             Triple
             Crown
             at
             Rome
             ,
             otherwise
             than
             in
             order
             to
             that
             of
             Spain
             .
          
           
             This
             distance
             between
             her
             and
             her
             King
             ,
             wrought
             her
             to
             a
             more
             nigh
             dependency
             upon
             her
             Council
             and
             English
             Nobility
             ;
             and
             so
             became
             less
             discerned
             in
             her
             Government
             ;
             although
             questionless
             she
             did
             much
             ,
             and
             wanted
             not
             Wisdom
             or
             Courage
             to
             have
             done
             more
             ,
             but
             that
             she
             was
             not
             wholly
             her
             own
             Woman
             .
             All
             men
             do
             agree
             that
             she
             was
             devout
             in
             her
             kind
             of
             Profession
             ,
             and
             therein
             as
             deeply
             engaged
             as
             her
             Brother
             Edward
             had
             been
             in
             his
             ;
             though
             it
             may
             be
             he
             out
             of
             tenderness
             of
             Conscience
             ,
             but
             she
             out
             of
             a
             Spanish
             kind
             of
             gravity
             ,
             that
             endures
             not
             change
             :
             and
             whereunto
             she
             was
             well
             aided
             by
             her
             Clergie
             ,
             who
             were
             her
             beloved
             for
             her
             Mothers
             sake
             ;
             and
             now
             also
             so
             much
             the
             more
             sowre
             ,
             by
             how
             much
             the
             nigher
             to
             the
             bottom
             .
             It
             is
             the
             less
             wonder
             therefore
             ,
             if
             the
             Zeal
             of
             these
             times
             burnt
             into
             a
             flame
             ,
             that
             at
             length
             consumed
             even
             those
             that
             kindled
             it
             .
             In
             one
             thing
             more
             ,
             above
             all
             the
             rest
             ,
             she
             acted
             the
             part
             of
             her
             Sex
             ,
             rather
             than
             that
             of
             her
             Place
             ;
             and
             the
             same
             contrary
             to
             the
             advice
             of
             her
             Ghostly
             Fathers
             ,
             and
             all
             Rules
             of
             Policy
             ,
             and
             the
             Agreement
             between
             her
             King
             and
             self
             upon
             Marriage
             ;
             which
             was
             the
             engaging
             of
             England
             in
             the
             War
             at
             St.
             Quintins
             ,
             against
             the
             French
             ,
             contrary
             to
             the
             National
             League
             formerly
             made
             .
             Nevertheless
             ,
             the
             Issue
             was
             but
             suitable
             :
             for
             though
             the
             English
             obtained
             their
             part
             of
             the
             Honour
             of
             that
             day
             ,
             yet
             in
             the
             consequence
             they
             lost
             Callis
             ,
             the
             last
             foot
             that
             the
             English
             had
             in
             France
             ;
             henceforth
             England
             must
             be
             content
             with
             a
             bare
             Title
             .
             As
             this
             was
             deserved
             ,
             so
             was
             it
             also
             reserved
             by
             the
             Queen
             ,
             to
             make
             the
             world
             believe
             that
             she
             died
             for
             grief
             therefore
             as
             a
             Mother
             of
             her
             Country
             ;
             although
             her
             bodily
             Disease
             ,
             contracted
             by
             a
             Conception
             ,
             wherein
             she
             beguiled
             both
             
             her self
             and
             the
             world
             ,
             concurred
             thereto
             .
             In
             sum
             ,
             
               the
               worst
               that
               can
               be
               said
               of
               her
               ,
               is
               this
               ,
               That
               she
               was
               ill-principled
               ;
               and
               the
               best
               ,
               That
               she
               acted
               according
               to
               her
               Principles
               :
            
             And
             so
             lived
             an
             uncomfortable
             Life
             ,
             shaped
             a
             bloudy
             Reign
             ,
             and
             had
             but
             a
             dim
             Conclusion
             .
          
           
             The
             Night
             was
             now
             spent
             ,
             and
             Queen
             Elizabeth
             ,
             
             like
             the
             Morning-Star
             ,
             rising
             into
             the
             Throne
             ,
             sent
             forth
             the
             benignant
             Influence
             of
             both
             her
             Predecessors
             ,
             and
             many
             ways
             excelled
             them
             both
             .
             She
             was
             begotten
             in
             a
             heat
             against
             Rome
             ,
             wherein
             also
             she
             was
             born
             and
             trained
             up
             by
             her
             Father
             and
             Brother
             
             Edward's
             Order
             ;
             and
             saw
             enough
             in
             her
             Sisters
             course
             ,
             to
             confirm
             her
             therein
             :
             for
             Queen
             Mary
             was
             not
             very
             Catholick
             in
             her
             Throne
             ,
             though
             she
             was
             in
             her
             Oratory
             .
             Nevertheless
             ,
             Queen
             
             Elizabeth's
             course
             hereunto
             was
             very
             strange
             ,
             and
             might
             seem
             in
             outward
             respects
             to
             lead
             her
             quite
             wide
             :
             for
             her
             youth
             was
             under
             a
             continual
             yoke
             ;
             her
             Mother
             dead
             whiles
             she
             was
             at
             the
             breast
             ;
             her
             Father
             owning
             her
             no
             further
             than
             as
             his
             Child
             born
             of
             a
             rebellious
             woman
             ,
             never
             intending
             her
             for
             the
             Crown
             ,
             so
             long
             as
             any
             hope
             was
             left
             of
             any
             other
             .
             With
             her
             age
             the
             Yoke
             grew
             more
             heavy
             ;
             her
             Brother
             Edward
             being
             but
             of
             the
             half-bloud
             ,
             except
             in
             point
             of
             Religion
             ,
             might
             respect
             her
             at
             a
             distance
             beyond
             his
             Mothers
             Family
             .
             But
             this
             lasted
             not
             long
             ;
             her
             Sister
             Mary
             comes
             next
             ,
             of
             a
             stranger
             bloud
             to
             her
             than
             her
             Brother
             was
             ;
             looking
             ever
             back
             upon
             her
             as
             one
             too
             nigh
             her
             heel
             ,
             and
             more
             ready
             to
             tread
             upon
             her
             Train
             than
             support
             it
             .
             The
             difference
             in
             Religion
             between
             them
             two
             ,
             added
             yet
             further
             Leven
             ;
             and
             this
             occasioned
             from
             her
             Sister
             to
             her
             ,
             many
             sowre
             reflections
             ,
             bitter
             words
             ,
             harsh
             usage
             ,
             concluding
             with
             Imprisonment
             ,
             and
             not
             without
             danger
             of
             Death
             .
             All
             which
             Queen
             Elizabeth
             saw
             well
             ,
             made
             the
             less
             noise
             in
             Religion
             ,
             walked
             warily
             ,
             and
             resolved
             with
             patience
             to
             endure
             the
             brunt
             :
             For
             she
             might
             perceive
             by
             her
             Father's
             Will
             ,
             that
             her
             way
             to
             the
             Crown
             ,
             if
             ever
             she
             arrived
             at
             the
             end
             ,
             must
             be
             through
             a
             Field
             of
             Bloud
             ;
             and
             though
             she
             knew
             her
             change
             of
             Religion
             might
             make
             the
             way
             more
             plain
             ,
             yet
             God
             kept
             her
             in
             a
             patient
             waiting
             ,
             until
             the
             set
             time
             was
             come
             .
             Thus
             passing
             over
             her
             Minority
             with
             little
             experience
             of
             youthful
             Pleasures
             ,
             she
             had
             the
             happiness
             to
             have
             the
             less
             sense
             of
             youthful
             Lusts
             ;
             which
             meeting
             with
             natural
             Endowments
             of
             the
             larger
             size
             ,
             rendred
             her
             the
             goodliest
             Mirrour
             of
             a
             Queen
             Regent
             that
             ever
             the
             Sun
             shone
             upon
             ;
             God
             adding
             thereto
             both
             Honour
             and
             Continuance
             ,
             above
             all
             that
             ever
             sate
             in
             that
             Throne
             .
             Her
             entrance
             was
             with
             more
             joy
             to
             others
             than
             her self
             ;
             for
             she
             kept
             her
             pace
             as
             treading
             amongst
             Thorns
             ,
             and
             was
             still
             somewhat
             reserved
             ,
             even
             in
             matters
             of
             Religion
             ,
             though
             she
             was
             known
             to
             be
             devout
             .
             She
             had
             observed
             ,
             that
             the
             hasty
             pace
             ,
             both
             of
             her
             Brother
             and
             Sister
             ,
             brought
             early
             Troubles
             ,
             before
             either
             of
             them
             were
             well
             setled
             in
             their
             Throne
             .
             And
             therefore
             whereas
             her
             Sister
             first
             set
             up
             the
             Mass
             ,
             and
             then
             endeavoured
             to
             settle
             it
             by
             Disputes
             ,
             she
             contrarily
             first
             caused
             the
             point
             to
             be
             debated
             ,
             and
             thereby
             gained
             liking
             to
             lay
             it
             aside
             .
             It
             is
             true
             ,
             the
             Moderatorship
             in
             that
             Dispute
             ,
             was
             imposed
             upon
             a
             Lay-man
             (
             as
             their
             term
             is
             )
             but
             his
             work
             being
             to
             hold
             the
             Disputants
             to
             order
             in
             debate
             ,
             and
             not
             to
             determine
             the
             point
             in
             Controversie
             (
             which
             thing
             was
             left
             to
             the
             Auditory
             )
             might
             therefore
             more
             rationally
             be
             done
             by
             him
             ,
             than
             censured
             by
             an
             Historian
             ,
             that
             shall
             undertake
             to
             judge
             them
             all
             .
          
           
             The
             first
             step
             thus
             made
             ,
             one
             made
             way
             for
             another
             ,
             till
             the
             whole
             became
             levened
             .
             Her
             proceedings
             against
             Opposers
             were
             with
             much
             lenity
             ,
             rather
             overlooking
             ,
             than
             looking
             on
             ;
             and
             such
             as
             stood
             more
             directly
             
             in
             her
             Path
             ,
             she
             would
             rather
             set
             aside
             than
             trample
             down
             ;
             and
             be
             fair
             to
             all
             (
             without
             respect
             to
             difference
             of
             Religion
             )
             that
             would
             be
             fair
             to
             her
             .
             
             Much
             of
             her
             happiness
             depended
             upon
             Election
             of
             her
             Council
             ,
             more
             in
             observing
             their
             advice
             ;
             that
             whether
             she
             did
             rule
             ,
             or
             were
             ruled
             ,
             or
             did
             rule
             by
             being
             ruled
             ,
             might
             deserve
             some
             consideration
             .
             This
             she
             did
             ,
             to
             give
             satisfaction
             to
             such
             as
             took
             prejudice
             at
             her
             Sex
             ,
             rather
             than
             out
             of
             any
             sense
             of
             imbecility
             in
             her
             own
             Intellectuals
             :
             for
             therein
             she
             equalled
             the
             best
             of
             her
             Predecessors
             ,
             and
             in
             learned
             Endowments
             exceeded
             them
             all
             .
             Generally
             she
             was
             of
             a
             publick
             mind
             ,
             if
             not
             popular
             ;
             she
             loved
             to
             be
             seen
             of
             the
             People
             ,
             and
             yet
             kept
             her
             distance
             .
             Her
             Sex
             taught
             her
             to
             use
             her
             Tongue
             much
             ,
             
             and
             her
             Education
             to
             use
             it
             well
             and
             wisely
             :
             That
             ,
             with
             a
             reserved
             Carriage
             ,
             was
             her
             Scepter
             ,
             winning
             thereby
             Applause
             from
             the
             inferiour
             sort
             ,
             and
             Awe
             from
             the
             greater
             .
             A
             wise
             man
             that
             was
             an
             Eye-witness
             of
             many
             of
             her
             Actions
             ,
             and
             of
             those
             that
             succeeded
             her
             ,
             many
             times
             hath
             said
             ,
             
               That
               a
               Courtier
               might
               make
               a
               better
               Meal
               of
               one
               good
               Look
               from
               her
               ,
               than
               of
               a
               Gift
               from
               some
               other
               King.
            
             Another
             Felicity
             she
             had
             beyond
             others
             of
             her
             place
             ;
             
               She
               loved
               not
               to
               be
               tied
               ,
               but
               would
               be
               knit
               unto
               her
               People
               .
            
             To
             them
             she
             committed
             her
             confidence
             under
             God
             ,
             and
             they
             to
             her
             their
             chiefest
             Treasure
             on
             Earth
             ,
             viz.
             Their
             hearts
             to
             her
             Parliament
             ,
             which
             was
             the
             most
             considerable
             Party
             that
             she
             had
             to
             deal
             with
             .
             She
             could
             personate
             Majesty
             equal
             to
             any
             Emperour
             ;
             and
             advise
             ,
             commend
             ,
             yea
             ,
             and
             chide
             if
             she
             saw
             occasion
             :
             And
             yet
             ever
             had
             a
             trick
             to
             come
             off
             with
             a
             kind
             Conclusion
             ,
             without
             blur
             of
             Honour
             .
             So
             as
             of
             thirteen
             Parliaments
             called
             during
             her
             Reign
             ,
             not
             one
             became
             abortive
             by
             unkindness
             ;
             and
             yet
             not
             any
             one
             of
             them
             passed
             without
             Subsidy
             granted
             by
             the
             People
             ,
             but
             one
             wherein
             none
             was
             desired
             .
             And
             sometimes
             the
             Aid
             was
             so
             liberal
             ,
             that
             she
             refused
             the
             one
             half
             ,
             
             and
             thanked
             the
             People
             for
             the
             remnant
             ;
             a
             Courtesie
             that
             rang
             loud
             abroad
             ,
             to
             the
             shame
             of
             other
             Princes
             .
             She
             would
             often
             mention
             her
             Prerogative
             ,
             and
             yet
             not
             hold
             her self
             wise
             enough
             ,
             either
             to
             interrupt
             the
             Judges
             in
             their
             way
             ,
             nor
             the
             Bishops
             in
             theirs
             :
             Albeit
             ,
             she
             spared
             not
             also
             ,
             as
             she
             saw
             occasion
             ,
             to
             check
             the
             best
             of
             them
             for
             their
             Irregularities
             .
             She
             had
             no
             Beloved
             ,
             yet
             entertained
             Favourites
             at
             a
             cheaper
             rate
             ,
             and
             in
             better
             order
             ,
             than
             Kings
             use
             to
             do
             .
             For
             she
             had
             a
             preferment
             within
             her
             power
             beyond
             the
             reach
             of
             them
             all
             ,
             and
             Passion
             also
             soon
             at
             command
             ,
             or
             rather
             sometimes
             beyond
             command
             ;
             yet
             if
             calmly
             taken
             ,
             it
             ever
             proved
             good
             for
             that
             Party
             (
             that
             suffered
             )
             in
             the
             conclusion
             .
          
           
             However
             ,
             her
             love
             she
             held
             under
             her
             own
             power
             ,
             and
             therein
             excelled
             her
             Forefathers
             .
             She
             had
             the
             Precedent
             of
             her
             Sister
             (
             that
             adventured
             upon
             a
             Prince
             for
             her
             Bed
             ,
             and
             missed
             what
             she
             expected
             ,
             and
             lost
             what
             she
             had
             )
             and
             thereby
             learned
             to
             call
             into
             question
             the
             possibility
             for
             her
             to
             gain
             the
             private
             Contentments
             of
             a
             married
             Life
             ,
             and
             therewith
             maintain
             her
             publick
             Interest
             in
             the
             Kingdom
             ;
             and
             therefore
             resolved
             rather
             to
             sit
             alone
             ,
             than
             to
             sit
             below
             ;
             and
             to
             refuse
             the
             help
             of
             any
             Consort
             ,
             rather
             than
             to
             part
             with
             any
             one
             jot
             of
             her
             Interest
             in
             the
             People
             .
             So
             she
             remained
             above
             the
             People
             and
             her self
             ,
             and
             thereby
             enjoyed
             both
             .
             But
             Custom
             in
             Government
             growing
             ,
             together
             with
             Infirmities
             of
             Age
             ,
             made
             her
             Regency
             taste
             somewhat
             stale
             and
             spiritless
             ,
             and
             gave
             occasion
             to
             mens
             minds
             to
             wander
             after
             the
             next
             Successor
             .
             Before
             she
             had
             been
             nine
             years
             Queen
             ,
             this
             scrutiny
             was
             once
             begun
             ;
             but
             it
             received
             a
             fair
             answer
             of
             delay
             ,
             because
             it
             was
             then
             taken
             as
             done
             in
             love
             :
             now
             the
             apprehensions
             hereof
             ,
             according
             to
             her
             age
             ,
             are
             more
             fad
             ;
             she
             thinks
             them
             weary
             of
             her
             ,
             and
             thereupon
             she
             is
             weary
             of
             her self
             and
             them
             .
             She
             supposes
             
             she
             can
             no
             longer
             give
             them
             content
             ;
             the
             Lords
             have
             the
             power
             ,
             they
             will
             not
             be
             ruled
             :
             and
             such
             like
             dark
             thoughts
             working
             upon
             an
             aged
             body
             ,
             weakned
             with
             other
             infirmities
             ,
             wasted
             her
             spirits
             ,
             and
             hastned
             a
             conclusion
             unto
             a
             weary
             life
             ,
             her self
             not
             unwilling
             herewith
             ,
             and
             her
             Courtiers
             less
             ;
             who
             expecting
             more
             from
             Successors
             than
             they
             find
             ,
             lived
             to
             dis-desire
             and
             unwish
             their
             former
             choice
             ,
             by
             late
             repentance
             .
             Thus
             making
             the
             ending
             of
             her
             days
             ,
             she
             renewing
             of
             her
             Reign
             in
             the
             hearts
             of
             all
             that
             observed
             her
             alive
             ,
             or
             consider
             her
             (
             now
             dead
             )
             in
             the
             written
             Registers
             of
             her
             Fame
             .
          
        
         
           
             CHAP.
             XXXV
             .
             Of
             the
             Supreme
             Power
             during
             these
             Times
             .
          
           
             THE
             
               Supreme
               Power
            
             ,
             but
             erewhile
             monstrous
             in
             the
             two
             former
             Kings
             times
             for
             Greatness
             ,
             now
             suffers
             as
             great
             a
             diminution
             ,
             over-shadowed
             by
             
               Infancy
               ,
               Womanhood
            
             ,
             and
             Coverture
             ;
             and
             gives
             the
             People
             breath
             to
             beware
             for
             the
             future
             ,
             
               Ne
               potentes
               si
               nocere
               velint
               non
               possent
               .
            
             Nevertheless
             ,
             the
             loss
             was
             onely
             of
             the
             Hydropical
             humour
             ,
             and
             the
             Government
             came
             forth
             more
             clearly
             like
             it self
             .
             In
             the
             point
             of
             
               Infancy
               ,
               Edward
            
             the
             Sixth
             bears
             it
             forth
             ,
             being
             the
             seventh
             President
             of
             Infancy
             ruling
             under
             Protectorship
             since
             the
             Norman
             times
             ;
             yet
             beyond
             all
             the
             rest
             in
             managing
             his
             Supremacy
             in
             Church-matters
             ,
             which
             none
             of
             them
             all
             did
             ever
             engage
             upon
             before
             him
             .
          
           
             English
             Prerogative
             and
             Supremacy
             ,
             are
             Notions
             of
             a
             sublime
             nature
             ,
             and
             commonly
             looked
             upon
             as
             the
             Holy
             Mount
             at
             the
             delivery
             of
             the
             Law
             ,
             at
             a
             great
             distance
             ,
             for
             fear
             of
             death
             or
             undoing
             ;
             and
             yet
             it
             is
             such
             a
             thing
             as
             a
             child
             may
             handle
             without
             hurt
             done
             either
             to
             the
             Estates
             ,
             Persons
             ,
             or
             Consciences
             of
             any
             man
             ;
             because
             it
             is
             presupposed
             he
             does
             nothing
             but
             what
             the
             Law
             first
             dictates
             by
             his
             Council
             unto
             him
             .
             There
             is
             then
             no
             Infancy
             in
             the
             Crown
             ,
             though
             in
             the
             Person
             ,
             because
             the
             wisdom
             of
             the
             Crown
             is
             not
             intended
             to
             rest
             in
             one
             Person
             ,
             but
             in
             the
             Counsels
             of
             many
             ,
             who
             are
             equally
             wise
             ,
             whether
             the
             Person
             of
             the
             King
             be
             old
             or
             young
             .
             And
             the
             Statutes
             made
             by
             Henry
             the
             Eighth
             ,
             
             by
             which
             this
             King
             had
             power
             by
             his
             Letters-patents
             ,
             after
             the
             age
             of
             24
             years
             ,
             to
             adnul
             any
             Act
             of
             Parliament
             made
             by
             him
             before
             that
             time
             ,
             was
             not
             grounded
             either
             upon
             Principles
             of
             Law
             ,
             or
             general
             Reason
             of
             State
             ;
             but
             upon
             some
             particular
             circumstances
             of
             the
             state
             of
             the
             Affairs
             ,
             as
             then
             they
             stood
             :
             and
             therefore
             is
             this
             power
             limited
             onely
             to
             such
             Heirs
             or
             Assignees
             of
             Henry
             the
             Eighth
             ,
             to
             whom
             the
             Crown
             shall
             come
             by
             his
             appointment
             .
             Nor
             did
             it
             ever
             thrive
             to
             that
             desired
             end
             whereto
             it
             was
             intended
             :
             for
             upon
             the
             entry
             of
             Edward
             the
             Sixth
             ,
             the
             Councils
             changed
             ,
             
             and
             the
             Parliament
             took
             this
             Statute
             away
             ,
             as
             scandalous
             to
             the
             Fundamental
             Government
             of
             the
             Nation
             ,
             and
             instead
             of
             the
             power
             of
             Adnulling
             ,
             allowed
             of
             the
             power
             of
             Repealing
             ;
             yet
             so
             ,
             as
             until
             such
             time
             of
             Repeal
             ,
             the
             said
             Statutes
             ,
             and
             all
             Acts
             thereupon
             done
             ,
             shall
             for
             ever
             be
             deemed
             warrantable
             and
             good
             .
             This
             was
             too
             much
             ,
             but
             that
             the
             Times
             were
             yet
             in
             Equilibrio
             ,
             and
             men
             were
             loath
             to
             part
             with
             their
             Interests
             ,
             which
             they
             did
             hang
             upon
             that
             Power
             of
             Reserve
             ,
             unto
             the
             King's
             Letters-patents
             .
             Yet
             in
             that
             the
             Power
             is
             limited
             ,
             not
             onely
             in
             regard
             of
             the
             manner
             and
             time
             ,
             but
             of
             the
             persons
             ,
             and
             also
             of
             the
             Statutes
             that
             are
             to
             be
             repealed
             :
             it
             is
             sufficient
             
             to
             vindicate
             the
             nature
             of
             this
             Prerogative
             (
             if
             such
             it
             were
             )
             to
             be
             no
             ways
             inherent
             ,
             but
             acquired
             by
             Concession
             .
             But
             as
             touching
             the
             Legislative
             Power
             ,
             they
             would
             not
             trust
             it
             in
             the
             least
             manner
             to
             any
             other
             King.
             
          
           
             The
             Parliament
             had
             crowned
             Proclamations
             at
             the
             instance
             of
             Henry
             the
             Eighth
             ,
             
             with
             that
             Royal
             Title
             of
             Laws
             ,
             in
             manner
             as
             formerly
             hath
             been
             noted
             .
             Now
             all
             Interests
             ,
             both
             of
             the
             Popish
             ,
             and
             of
             the
             reformed
             parties
             of
             this
             Nation
             ,
             are
             against
             it
             ;
             the
             former
             ,
             because
             they
             saw
             the
             King
             's
             present
             way
             to
             be
             against
             them
             ;
             and
             both
             it
             and
             the
             latter
             ,
             because
             the
             thing
             it self
             was
             abominable
             unto
             the
             Liberties
             of
             the
             people
             ,
             and
             therefore
             it
             is
             soon
             taken
             away
             by
             Repeal
             ,
             and
             the
             Legislative
             Power
             is
             wholly
             re-assumed
             to
             themselves
             ,
             
             as
             formerly
             .
             For
             though
             in
             matters
             Ecclesiastical
             ,
             the
             Power
             of
             the
             Crown
             might
             seem
             to
             be
             more
             pre-eminent
             in
             regard
             of
             the
             Supremacy
             ,
             
             and
             some
             particular
             powers
             in
             making
             Bishops
             by
             Election
             without
             
               Conge
               d'eslire
            
             ;
             yet
             did
             the
             Parliament
             neither
             yield
             or
             acknowledge
             any
             
               Legislative
               power
            
             to
             be
             in
             the
             Crown
             thereby
             ,
             but
             proceeded
             on
             in
             that
             way
             of
             the
             thirty
             and
             two
             Commissioners
             formerly
             agreed
             upon
             by
             them
             ,
             in
             the
             time
             of
             the
             King's
             Father
             .
             Thus
             the
             King
             ,
             though
             an
             Infant
             ,
             was
             a
             gainer
             ,
             
             and
             the
             Crown
             nevertheless
             still
             the
             same
             .
          
           
             Secondly
             ,
             That
             Crown
             that
             may
             be
             worn
             by
             an
             Infant
             ,
             may
             much
             rather
             be
             worn
             by
             a
             Woman
             ,
             whose
             natural
             endowments
             do
             far
             exceed
             the
             other
             ,
             and
             are
             not
             inferiour
             unto
             the
             most
             of
             men
             .
             Of
             this
             we
             have
             two
             Examples
             in
             these
             times
             ,
             Queen
             Mary
             and
             Queen
             Elizabeth
             ,
             of
             several
             professions
             in
             matters
             of
             Religion
             ,
             and
             liable
             to
             exceptions
             in
             regard
             of
             their
             Sex
             ,
             by
             men
             of
             the
             counter-profession
             on
             both
             sides
             ;
             yet
             both
             upheld
             the
             Honour
             of
             the
             Crown
             ,
             though
             therein
             the
             one
             more
             especially
             ,
             being
             neither
             ingaged
             in
             the
             Roman
             Cause
             ,
             nor
             in
             the
             Estate
             of
             Marriage
             ,
             as
             the
             other
             was
             .
             This
             was
             Queen
             Elizabeth
             ,
             in
             person
             a
             Woman
             ,
             but
             in
             mind
             endowed
             with
             all
             the
             perfections
             of
             a
             man
             :
             she
             could
             not
             endure
             to
             abate
             one
             hairs
             breadth
             of
             her
             State
             ;
             and
             yet
             upon
             the
             sole
             regard
             of
             her
             Sex
             ,
             she
             submitted
             her
             Title
             of
             Supremacy
             ,
             to
             a
             more
             moderate
             name
             of
             
               Supream
               Governour
            
             ,
             whereas
             her
             Father
             would
             be
             called
             
               Supream
               Head
            
             ;
             as
             if
             it
             were
             not
             onely
             hazardous
             ,
             but
             hideous
             for
             a
             Woman
             to
             be
             Supream
             Head
             of
             the
             Church
             .
             
             And
             for
             this
             cause
             would
             she
             not
             receive
             that
             Statute
             made
             by
             her
             Father
             ,
             and
             continued
             by
             her
             Brother
             Edward
             the
             Sixth
             ,
             and
             repealed
             by
             her
             Sister
             Queen
             Mary
             .
             Nevertheless
             such
             as
             she
             was
             ,
             
             she
             had
             all
             such
             Jurisdictions
             ,
             Priviledges
             ,
             Superiorities
             ,
             and
             Pre-eminencies
             ,
             Spiritual
             or
             Ecclesiastical
             ,
             as
             by
             any
             Ecclesiastical
             Power
             or
             Authority
             formerly
             had
             been
             ,
             or
             might
             be
             lawfully
             exercised
             for
             visitation
             of
             the
             Ecclesiastical
             State
             and
             Persons
             ,
             and
             for
             Reformation
             ,
             Order
             ,
             and
             Correction
             of
             the
             same
             ,
             and
             all
             manner
             of
             Errours
             ,
             Heresies
             ,
             Schisms
             ,
             Abuses
             ,
             Offences
             ,
             Contempts
             ,
             and
             Enormities
             .
             She
             had
             therefore
             neither
             absolute
             Empire
             ,
             nor
             absolute
             Jurisdiction
             over
             the
             Churches
             ;
             neither
             power
             to
             make
             ,
             declare
             ,
             alter
             ,
             or
             repeal
             any
             Law
             ;
             neither
             did
             she
             ever
             exercise
             any
             such
             power
             but
             onely
             by
             Act
             of
             Parliament
             .
             
             She
             had
             a
             Power
             over
             Ceremonies
             in
             the
             Worship
             of
             God
             ,
             which
             was
             given
             her
             by
             the
             Parliament
             to
             execute
             by
             advice
             ,
             and
             therefore
             was
             limited
             ;
             as
             also
             was
             all
             the
             remainder
             of
             her
             Power
             in
             Jurisdiction
             Ecclesiastical
             .
             For
             she
             could
             do
             nothing
             in
             her
             own
             person
             ,
             but
             by
             Commission
             ;
             and
             these
             Commissioners
             must
             be
             Natives
             and
             Denizons
             ,
             not
             Foreigners
             ;
             and
             the
             same
             to
             be
             but
             in
             certain
             Cases
             ,
             and
             with
             
             certain
             Process
             .
             
             Some
             Cases
             of
             Ecclesiastical
             Cognizance
             were
             referred
             to
             Trial
             at
             the
             Common
             Law
             ,
             
             viz.
             Such
             as
             concerned
             the
             publick
             Worship
             of
             God
             in
             cases
             of
             Forfeiture
             and
             Imprisonment
             .
          
           
             Lastly
             ,
             Neither
             had
             the
             Queen
             ,
             nor
             her
             Commissioners
             ,
             nor
             Bishops
             ,
             absolute
             power
             over
             the
             Church-Censures
             ;
             no
             Censure
             was
             regarded
             but
             Excommunication
             ,
             and
             that
             no
             further
             than
             in
             order
             to
             the
             Writ
             
               De
               Excommunicato
               capiendo
            
             ;
             and
             in
             all
             Cases
             the
             same
             was
             to
             be
             regulated
             according
             to
             the
             Statute
             in
             that
             case
             provided
             ,
             
             or
             by
             the
             Common
             Law
             in
             case
             of
             Action
             .
             In
             all
             which
             we
             find
             no
             Jurisdiction
             in
             Cases
             Ecclesiastical
             ,
             that
             is
             absolutely
             setled
             in
             the
             Crown
             .
             In
             matters
             Temporal
             the
             thing
             is
             yet
             more
             clear
             ;
             she
             never
             altered
             ,
             continued
             ,
             repealed
             ,
             nor
             explained
             any
             Law
             ,
             otherwise
             than
             by
             Act
             of
             Parliament
             ,
             whereof
             there
             are
             multitudes
             of
             Examples
             in
             the
             Statutes
             of
             her
             Reign
             ;
             and
             what
             she
             did
             by
             her
             Judges
             ,
             was
             ever
             under
             Correction
             .
             A
             Woman
             she
             was
             ,
             and
             therefore
             could
             be
             no
             Judge
             ,
             much
             less
             in
             the
             Cases
             of
             difference
             concerning
             her self
             and
             her
             Crown
             .
             
             A
             Queen
             she
             was
             ,
             and
             might
             make
             Judges
             ,
             but
             she
             must
             go
             according
             to
             the
             Law
             :
             new
             Judicatories
             she
             could
             make
             none
             ;
             nor
             judicially
             make
             ,
             declare
             ,
             alter
             ,
             or
             determine
             the
             power
             of
             any
             Court
             or
             Judge
             in
             case
             of
             difficulty
             ,
             but
             by
             her
             Parliament
             .
             As
             in
             the
             cases
             concerning
             the
             power
             of
             the
             Lord-Keeper
             ,
             the
             powers
             of
             the
             Commissioners
             of
             Sewers
             and
             charitable
             uses
             ,
             the
             Courts
             at
             Westminster
             ,
             
             and
             the
             County-Courts
             ,
             in
             the
             several
             Statutes
             concerning
             the
             same
             ,
             
             may
             more
             fully
             appear
             .
             
             And
             which
             is
             yet
             of
             a
             meaner
             size
             ,
             her
             Power
             extended
             not
             to
             redress
             any
             inconvenience
             in
             process
             of
             Errour
             or
             Delay
             in
             Courts
             of
             Law
             ,
             
             nor
             to
             remedy
             Errours
             in
             Judgement
             ,
             
             Fines
             ,
             Recoveries
             ,
             Attainders
             ,
             or
             other
             matters
             of
             Record
             or
             Trial
             ,
             whereof
             the
             Statutes
             of
             her
             time
             are
             full
             ,
             and
             also
             the
             opinions
             and
             judgements
             of
             the
             Judges
             of
             the
             Common
             Law
             concurring
             therewith
             .
             I
             mention
             not
             the
             power
             of
             Life
             and
             Member
             ,
             which
             without
             all
             contradiction
             hath
             ever
             been
             under
             the
             protection
             of
             the
             known
             Law.
             So
             as
             upon
             the
             whole
             account
             it
             will
             be
             evident
             ,
             that
             this
             Queen
             had
             no
             absolute
             Pre-eminence
             in
             all
             cases
             ,
             but
             either
             in
             contradiction
             to
             Foreign
             power
             ,
             or
             the
             power
             of
             any
             particular
             person
             ,
             and
             not
             in
             opposition
             to
             the
             joynt
             interest
             of
             the
             Representative
             of
             England
             .
          
           
             Queen
             Mary
             comes
             next
             ,
             although
             a
             Woman
             as
             well
             as
             she
             ,
             yea
             ,
             her
             elder
             Sister
             and
             Predecessor
             ,
             yet
             came
             short
             of
             her
             in
             the
             point
             of
             Supremacy
             ,
             by
             a
             double
             submission
             ,
             both
             unto
             the
             Law
             of
             a
             Husband
             ,
             and
             of
             a
             Foreign
             power
             in
             Cases
             Ecclesiastical
             ;
             although
             the
             same
             was
             with
             such
             qualifications
             ,
             as
             it
             was
             much
             more
             in
             Title
             and
             pretence
             than
             in
             reality
             ;
             and
             so
             in
             the
             conclusion
             ,
             neither
             approved
             her self
             to
             be
             good
             Wife
             ,
             good
             Catholick
             ,
             nor
             good
             Queen
             .
             She
             could
             be
             no
             good
             Wife
             ,
             because
             she
             was
             too
             great
             for
             her
             Husband
             within
             the
             Realm
             ,
             and
             resolved
             not
             to
             be
             without
             .
             A
             Catholick
             she
             was
             ,
             but
             the
             worst
             that
             ever
             held
             her
             place
             :
             her
             Father
             appeared
             what
             he
             was
             ,
             spake
             plain
             English
             ,
             and
             was
             easily
             discerned
             .
             But
             she
             told
             the
             Pope
             a
             fair
             Tale
             of
             disclaiming
             Supremacy
             ,
             and
             reconciling
             her
             Kingdom
             ;
             yet
             none
             of
             her
             Predecessors
             did
             go
             beyond
             her
             in
             irregularity
             of
             her
             proceedings
             .
             Before
             ever
             she
             called
             Parliament
             ,
             she
             setled
             the
             great
             work
             of
             Reformation
             ,
             or
             rather
             Deformation
             in
             the
             Worship
             of
             God
             ,
             by
             single
             Proclamation
             ;
             and
             not
             onely
             took
             away
             the
             Partition-wall
             of
             Doctrine
             by
             the
             like
             power
             ,
             but
             gave
             way
             and
             power
             to
             Persecution
             thereupon
             to
             arise
             ,
             before
             any
             
             〈◊〉
             Order
             from
             the
             Holy
             See
             ,
             then
             so
             called
             ,
             enabled
             her
             thereun●
             〈◊〉
             And
             ●●ter
             that
             she
             declared
             her self
             convinced
             ,
             that
             she
             ought
             not
             〈◊〉
             Ecclesiastical
             Jurisdiction
             ,
             and
             by
             her
             Instructions
             forbad
             the
             〈…〉
             in
             their
             Process
             that
             Clause
             of
             
               Regia
               Autoritate
               fulcitus
            
             yet
             even
             these
             Instructions
             had
             no
             other
             Authority
             than
             her
             own
             .
             And
             nevertheless
             ,
             she
             still
             inforced
             the
             Execution
             of
             all
             matters
             concerning
             the
             publick
             Worship
             of
             God
             ,
             and
             Government
             of
             the
             Church
             ,
             when
             as
             yet
             the
             Pope
             had
             no
             admittance
             unto
             his
             ancient
             claim
             .
             It
             is
             very
             true
             ,
             that
             the
             Pope
             long
             ere
             now
             had
             made
             a
             fair
             offer
             ,
             and
             the
             Queen
             had
             lent
             her
             ear
             ;
             but
             her
             Train
             was
             too
             great
             to
             move
             as
             fast
             as
             was
             pretended
             ;
             so
             as
             no
             meeting
             could
             be
             had
             till
             the
             Queens
             Marriage
             with
             Spain
             was
             past
             ;
             and
             such
             as
             were
             disaffected
             ,
             found
             it
             was
             bootless
             to
             stop
             the
             Current
             of
             two
             such
             mighty
             Streams
             of
             Power
             now
             joyned
             into
             one
             :
             and
             so
             that
             unclean
             spirit
             returned
             seven
             times
             worse
             than
             when
             he
             went
             out
             ,
             and
             took
             Seisin
             ,
             meerly
             upon
             Repeal
             of
             the
             Laws
             made
             by
             Henry
             the
             Eighth
             ,
             in
             the
             Negative
             ,
             without
             farther
             Grant
             or
             Livery
             .
             For
             though
             an
             express
             Embassage
             was
             sent
             to
             Rome
             ,
             to
             perform
             the
             solemnity
             of
             the
             submission
             ;
             yet
             the
             Pope
             died
             before
             the
             arrival
             of
             the
             Embassie
             ,
             and
             the
             solemnity
             failing
             ,
             left
             the
             Title
             of
             the
             Crown
             much
             blemished
             ,
             yet
             was
             it
             not
             wholly
             defaced
             .
             For
             if
             the
             Statutes
             in
             Henry
             the
             Eighth
             ,
             and
             Edward
             the
             Sixth's
             time
             ,
             did
             but
             confirm
             the
             possession
             ,
             it
             is
             evident
             that
             the
             repealing
             of
             those
             Statutes
             took
             away
             no
             Right
             from
             the
             Crown
             ,
             nor
             gave
             legal
             possession
             to
             the
             Pope
             ,
             that
             had
             formerly
             neither
             Possession
             nor
             Right
             ;
             but
             left
             him
             to
             his
             Remitter
             ,
             as
             in
             his
             ancient
             right
             ,
             or
             rather
             in
             his
             ancient
             wrong
             .
             Yet
             right
             or
             wrong
             ,
             
               de
               facto
            
             ,
             he
             both
             did
             win
             and
             wear
             the
             Keys
             so
             long
             as
             the
             Queen
             lived
             ,
             and
             so
             far
             as
             she
             pleased
             :
             for
             her
             devotion
             would
             not
             allow
             of
             absolute
             obedience
             in
             that
             kind
             ,
             nor
             all
             for
             Gospel
             that
             the
             Pope
             said
             or
             did
             ;
             but
             by
             her self
             and
             Council
             ,
             executed
             the
             powers
             of
             Supremacy
             of
             Jurisdiction
             in
             Church-matters
             ,
             not
             onely
             in
             pursuance
             of
             the
             Papal
             Authority
             ,
             but
             in
             crossing
             the
             same
             where
             the
             Popes
             way
             crossed
             her
             opinion
             ;
             as
             in
             the
             cases
             of
             the
             War
             between
             her
             Husband
             and
             France
             ,
             and
             the
             Power
             Legatine
             of
             Cardinal
             Pool
             ;
             her
             condemning
             of
             Doctrines
             and
             Books
             to
             be
             Heretical
             by
             Proclamation
             ,
             establishing
             both
             Prayers
             and
             Dirges
             ,
             and
             other
             Orders
             of
             publick
             Worship
             ;
             whereof
             more
             fully
             in
             the
             publick
             Histories
             of
             those
             times
             ,
             and
             the
             Queens
             Injunctions
             upon
             occasion
             of
             the
             death
             of
             Pope
             Julio
             ,
             is
             to
             be
             seen
             .
          
           
             Lastly
             ,
             she
             was
             no
             good
             Queen
             ,
             not
             onely
             because
             she
             gave
             up
             the
             peoples
             Liberties
             in
             Ecclesiastical
             matters
             to
             the
             Foreign
             Jurisdiction
             of
             Rome
             ,
             but
             undertook
             too
             much
             therein
             by
             far
             upon
             her
             own
             account
             ;
             and
             in
             Civil
             affairs
             ,
             though
             
               de
               jure
            
             she
             was
             not
             inferiour
             to
             any
             of
             her
             Progenitors
             ,
             yet
             she
             would
             have
             it
             declared
             by
             the
             Parliament
             ;
             as
             if
             the
             consideration
             of
             her
             Sex
             or
             Birth
             ,
             
             had
             made
             some
             hesitation
             in
             her
             mind
             ;
             and
             when
             she
             had
             made
             all
             clear
             ,
             she
             commending
             her self
             thereby
             to
             the
             Prince
             of
             Spain
             ,
             with
             her self
             ,
             indangered
             likewise
             that
             trust
             of
             the
             Nation
             which
             she
             had
             received
             ,
             and
             cast
             such
             a
             shadow
             upon
             her
             own
             Supremacy
             ,
             as
             in
             many
             things
             it
             is
             hard
             to
             be
             discerned
             .
          
           
             Lastly
             ,
             in
             her
             whole
             course
             uneven
             ;
             sometimes
             appearing
             like
             the
             eldest
             Daughter
             of
             Henry
             the
             Eighth
             ,
             at
             other
             times
             like
             a
             Fee-covert
             ,
             led
             by
             the
             will
             of
             her
             Lord
             aud
             Husband
             ,
             that
             wanting
             Supremacy
             himself
             ,
             rendred
             her
             thereby
             beneath
             her self
             .
          
           
             For
             first
             ,
             she
             married
             by
             Act
             of
             Parliament
             ,
             as
             if
             she
             were
             not
             at
             her
             own
             disposing
             ;
             professing
             as
             much
             in
             her
             speech
             to
             the
             Londoners
             ,
             upon
             the
             
             Kentish
             Rebellion
             .
             So
             a
             difference
             was
             made
             between
             the
             two
             Sisters
             ;
             the
             Marriage
             of
             the
             one
             being
             by
             advice
             of
             Parliament
             ,
             and
             the
             abstinence
             of
             the
             other
             against
             the
             same
             .
             Nor
             is
             the
             same
             altogether
             irrational
             :
             for
             by
             the
             one
             ,
             the
             Government
             of
             the
             Nation
             is
             endangered
             ;
             and
             by
             the
             other
             ,
             otherwise
             .
          
           
             Secondly
             ,
             by
             her
             Marriage
             she
             became
             doubly
             married
             ;
             one
             way
             relating
             to
             her
             Person
             unto
             her
             King
             ,
             the
             other
             relating
             to
             her
             Trust
             unto
             her
             Council
             :
             For
             where
             a
             Foreign
             mighty
             King
             is
             so
             nigh
             the
             Helm
             ,
             it
             is
             dangerous
             to
             trust
             the
             same
             to
             his
             Wife
             ,
             without
             the
             joynt
             concurrence
             of
             the
             Lords
             .
             The
             matter
             in
             fact
             declared
             no
             less
             :
             for
             many
             times
             she
             had
             steered
             quite
             wide
             ,
             had
             not
             the
             Lords
             been
             more
             stiff
             to
             their
             Principles
             than
             she
             .
          
           
             The
             first
             year
             of
             her
             Marriage
             was
             Honey-moon
             with
             her
             ;
             she
             thought
             nothing
             too
             dear
             for
             the
             King
             ,
             and
             that
             her self
             was
             but
             meanly
             married
             ,
             unless
             her
             Husband
             were
             as
             compleat
             a
             King
             in
             her
             Nation
             ,
             as
             any
             of
             her
             Predecessors
             ;
             although
             contrarily
             ,
             the
             higher
             he
             was
             advanced
             ,
             the
             meaner
             she
             became
             .
          
           
             Thirdly
             ,
             by
             her
             Marriage
             she
             adventured
             her
             Title
             of
             Supremacy
             of
             Jurisdiction
             .
             For
             Philip
             ,
             as
             King
             ,
             had
             the
             Honour
             ,
             Stile
             ,
             and
             Kingly
             name
             ,
             and
             so
             had
             the
             precedency
             .
             He
             had
             to
             do
             also
             with
             the
             Jurisdiction
             :
             for
             by
             the
             Articles
             of
             the
             Marriage
             ,
             he
             was
             to
             aid
             the
             Queen
             in
             her
             Administration
             of
             the
             Kingdom
             ,
             and
             maintenance
             of
             the
             Laws
             ;
             Writs
             and
             Commissions
             passed
             under
             his
             name
             .
             He
             also
             sate
             in
             Parliament
             ,
             voted
             therein
             ,
             and
             joyned
             in
             the
             
               Royal
               Assent
            
             .
          
           
             Lastly
             ,
             joyned
             in
             the
             publication
             and
             execution
             of
             all
             Laws
             .
             To
             him
             also
             was
             Allegiance
             due
             ;
             and
             therefore
             the
             Crime
             of
             Treason
             was
             equally
             against
             his
             ,
             as
             the
             Queens
             Crown
             and
             Dignity
             ,
             saving
             that
             it
             was
             reserved
             to
             be
             as
             against
             him
             onely
             during
             the
             time
             of
             Coverture
             .
             And
             yet
             had
             the
             Queen
             left
             Issue
             by
             him
             ,
             
             it
             would
             have
             been
             a
             hard
             adventure
             for
             the
             Lawyers
             to
             have
             given
             their
             Opinion
             in
             that
             case
             ,
             seeing
             the
             King
             had
             been
             Guardian
             to
             his
             Children
             during
             their
             Minority
             .
          
           
             Lastly
             ,
             the
             whole
             power
             and
             jurisdiction
             resting
             in
             them
             both
             joyntly
             ,
             could
             not
             enable
             them
             to
             make
             or
             dissolve
             Courts
             at
             will
             ,
             
             nor
             conclude
             Orders
             and
             Directions
             in
             cases
             of
             Plea
             and
             Conveyance
             ,
             nor
             Process
             concerning
             the
             same
             .
             I
             shall
             sum
             up
             all
             in
             this
             one
             conclusion
             :
             If
             neither
             of
             these
             three
             had
             an
             absolute
             
               Legislative
               Power
            
             ,
             either
             in
             matters
             concerning
             the
             Church
             or
             Commonwealth
             ;
             if
             no
             absolute
             Jurisdiction
             ,
             in
             case
             either
             of
             Life
             ,
             Member
             ,
             or
             Estate
             :
             If
             they
             neither
             can
             create
             ,
             unite
             ,
             or
             alter
             any
             Court
             ,
             either
             concerning
             the
             Trial
             and
             determining
             the
             Estates
             of
             the
             People
             ,
             or
             their
             own
             Revenue
             :
             If
             not
             alter
             or
             make
             any
             new
             Process
             in
             the
             Courts
             of
             Law
             :
             If
             not
             order
             common
             Assurances
             of
             Lands
             or
             Estates
             ;
          
           
             And
             lastly
             ,
             if
             they
             have
             no
             power
             in
             determining
             the
             
               last
               Appeal
            
             and
             definitive
             Sentence
             in
             matters
             of
             Controversie
             ,
             but
             all
             must
             rest
             upon
             the
             Sentence
             by
             Parliament
             ,
             there
             must
             certainly
             be
             found
             out
             a
             further
             sense
             of
             that
             grand
             Title
             of
             
               Supremacy
               of
               Jurisdiction
               ,
               Power
               ,
               Superiority
               ,
               Pre-eminence
               ,
               and
               Authority
               ,
            
             than
             by
             the
             common
             Vogue
             hath
             been
             made
             .
             The
             Title
             of
             Supremacy
             was
             first
             formed
             in
             the
             behalf
             of
             Henry
             the
             Eighth's
             Claim
             in
             matters
             Ecclesiastical
             ;
             which
             by
             the
             Statute
             is
             explained
             under
             these
             words
             of
             power
             :
             
             
               To
               visit
               ,
               correct
               ,
               repress
               ,
               redress
               Offences
               and
               Enormities
               .
            
             This
             Power
             ,
             and
             no
             other
             ,
             did
             Queen
             Elizabeth
             claim
             :
             witness
             the
             words
             of
             the
             Statute
             in
             her
             own
             time
             .
             But
             in
             the
             framing
             of
             the
             
               Oath
               of
               Supremacy
            
             in
             her
             time
             ,
             not
             onely
             in
             Causes
             
               Ecclesiastical
               ,
               but
               Temporal
            
             ,
             (
             which
             never
             came
             within
             the
             Statutes
             and
             publick
             Acts
             in
             Henry
             
             the
             Seventh's
             time
             )
             are
             inserted
             ;
             and
             if
             any
             thing
             more
             was
             intended
             ,
             it
             must
             come
             under
             the
             word
             Things
             ,
             which
             also
             was
             inserted
             in
             the
             said
             Oath
             ;
             and
             yet
             if
             the
             words
             of
             the
             Statute
             of
             Queen
             Elizabeth
             formerly
             mentioned
             be
             credited
             ,
             the
             word
             Things
             ought
             to
             comprehend
             no
             more
             than
             the
             word
             Causes
             ,
             and
             then
             the
             power
             of
             Queen
             Elizabeth
             in
             the
             Commonwealth
             will
             be
             comprehended
             in
             these
             words
             of
             Supremacy
             ;
             to
             
               visit
               ,
               correct
               ,
               repress
               ,
               redress
               Offences
            
             and
             Enormities
             :
             for
             the
             Supremacy
             in
             the
             Church
             and
             Commonwealth
             ,
             is
             the
             same
             in
             Measure
             ;
             and
             what
             more
             than
             this
             ,
             I
             cannot
             understand
             out
             of
             any
             publick
             Act
             of
             this
             Nation
             .
             Now
             in
             regard
             Offences
             and
             Enormities
             are
             properly
             against
             Laws
             ,
             the
             power
             
               to
               visit
            
             and
             correct
             ,
             must
             also
             be
             regulated
             according
             to
             Laws
             ,
             either
             of
             War
             ,
             or
             Peace
             :
             Nor
             do
             these
             five
             words
             ,
             
               Jurisdiction
               ,
               Power
               ,
               Superiority
               ,
               Pre-eminence
               ,
            
             and
             Authority
             ,
             contain
             any
             more
             Supremacy
             ,
             or
             other
             sence
             ;
             for
             two
             of
             them
             speak
             onely
             the
             Rank
             or
             Degree
             of
             the
             Queen
             in
             Government
             ,
             
               viz.
               Superiority
            
             and
             Pre-eminence
             belongeth
             onely
             to
             her
             ,
             and
             not
             to
             any
             other
             Foreign
             Power
             .
             And
             two
             other
             words
             do
             note
             her
             Right
             and
             Title
             thereto
             ,
             by
             Power
             and
             Authority
             committed
             to
             her
             .
             And
             the
             other
             word
             denotes
             the
             thing
             wherein
             she
             hath
             Superiority
             and
             
               Power
               ,
               viz.
            
             in
             Jurisdiction
             :
             the
             nature
             of
             which
             word
             ,
             Vlpian
             (
             speaking
             of
             the
             nature
             of
             a
             mixt
             Government
             )
             explaineth
             thus
             :
             
               Quando
               servata
               dictione
               juris
               judiciorum
               fit
               animadversio
               .
            
             So
             as
             this
             
               Supreme
               Authority
               in
               Jurisdiction
            
             ,
             is
             no
             other
             than
             
               Supreme
               Power
               to
               visit
               ,
               correct
               ,
               redress
               Offences
               ,
            
             or
             determine
             matters
             in
             doubt
             ,
             by
             deputing
             fit
             persons
             to
             that
             end
             and
             purpose
             according
             to
             the
             Law
             ;
             and
             this
             is
             all
             the
             Supremacy
             that
             appeareth
             to
             me
             ,
             belonging
             to
             the
             Crown
             in
             these
             times
             .
          
        
         
           
             CHAP.
             XXXVI
             .
             Of
             the
             Power
             of
             the
             Parliament
             during
             these
             times
             .
          
           
             WHen
             the
             Throne
             is
             full
             of
             a
             King
             ,
             and
             he
             is
             as
             full
             of
             opinion
             of
             his
             own
             sufficiency
             and
             power
             ,
             a
             Parliament
             is
             looked
             upon
             as
             an
             old
             fashion
             out
             of
             fashion
             ,
             and
             serves
             for
             little
             other
             than
             for
             present
             shift
             ,
             when
             Kings
             have
             run
             themselves
             over
             Head
             and
             Ears
             .
             A
             Condition
             that
             those
             of
             that
             high
             degree
             are
             extremely
             subject
             unto
             ;
             but
             where
             the
             Crown
             is
             too
             heavy
             for
             the
             wearer
             ,
             by
             reason
             of
             infirmity
             ,
             the
             Parliament
             is
             looked
             upon
             as
             the
             chief
             Supporters
             in
             the
             maintaining
             both
             the
             Honour
             and
             Power
             of
             that
             Authority
             ,
             that
             otherwise
             would
             fall
             under
             contempt
             .
             A
             Work
             that
             must
             be
             done
             with
             a
             curious
             touch
             ,
             and
             a
             clear
             hand
             ;
             or
             they
             must
             look
             for
             the
             like
             Censure
             to
             that
             of
             a
             King
             to
             a
             great
             Lord
             that
             crowned
             him
             :
             
               My
               Lord
               ,
               I
               like
               your
               work
               very
               well
               ,
               but
               you
               have
               left
               the
               print
               of
               your
               fingers
               upon
               my
               Crown
               .
            
             Such
             was
             the
             condition
             of
             these
             times
             ,
             wherein
             a
             Child
             and
             two
             Women
             are
             the
             chief
             ;
             but
             ever
             under
             the
             correction
             and
             direction
             of
             the
             Common
             Council
             ,
             in
             matters
             of
             common
             concernment
             .
             Two
             things
             declare
             the
             point
             ;
             the
             course
             of
             the
             Title
             of
             the
             Crown
             ,
             and
             the
             Order
             of
             the
             powers
             thereof
             .
          
           
             The
             Title
             ever
             had
             a
             Law
             ,
             which
             was
             at
             the
             Helm
             ,
             although
             diversly
             expounded
             .
             Kings
             ever
             loved
             the
             Rule
             of
             Inheritance
             ,
             and
             therefore
             usually
             strained
             their
             Pedegree
             hard
             to
             make
             both
             ends
             meet
             ,
             though
             in
             truth
             they
             were
             guilty
             oftentimes
             to
             themselves
             ,
             that
             they
             were
             not
             within
             the
             
             degrees
             .
             
             The
             People
             ever
             loved
             the
             Title
             of
             Election
             ;
             and
             though
             ever
             they
             joyned
             it
             to
             the
             Royal
             bloud
             ,
             and
             many
             times
             to
             the
             
               right
               Heir
            
             ,
             to
             make
             the
             same
             pass
             more
             currant
             without
             interruption
             of
             the
             first
             love
             between
             them
             and
             their
             Princes
             ;
             yet
             more
             often
             had
             they
             Kings
             that
             could
             not
             boast
             much
             of
             their
             Birthright
             in
             their
             first
             entry
             into
             their
             Throne
             .
             Of
             three
             and
             twenty
             Kings
             from
             the
             Saxons
             time
             ,
             four
             of
             the
             former
             had
             no
             Title
             by
             Inheritance
             ;
             the
             two
             
               Williams
               ,
               Henry
            
             the
             First
             ,
             and
             King
             Steven
             .
             Two
             others
             ,
             
               viz.
               Henry
            
             the
             Second
             and
             Richard
             the
             first
             ,
             had
             right
             of
             Birth
             ,
             yet
             came
             in
             by
             Compact
             .
             The
             Seventh
             ,
             which
             was
             King
             John
             ,
             had
             no
             Title
             but
             Election
             .
             The
             Eighth
             ,
             
               viz.
               Henry
            
             the
             Third
             ,
             came
             in
             a
             
               Child
               ▪
            
             and
             contrary
             to
             Compact
             between
             the
             Nobility
             and
             the
             
               French
               Lewis
            
             .
             The
             Ninth
             and
             Tenth
             succeeded
             as
             by
             unquestionable
             Title
             of
             Descent
             ,
             yet
             the
             Nobles
             were
             pre-engaged
             .
             The
             Eleventh
             ,
             which
             was
             Edward
             the
             Third
             ,
             in
             his
             entry
             
               eldest
               Son
            
             ,
             but
             not
             Heir
             ,
             for
             his
             Father
             was
             alive
             :
             but
             his
             Successour
             was
             his
             Heir
             :
             It
             is
             true
             ,
             there
             were
             other
             Children
             of
             
               Edward
               ▪
            
             the
             Third
             alive
             ,
             that
             were
             more
             worthy
             of
             the
             Crown
             ;
             but
             they
             were
             too
             many
             to
             agree
             in
             any
             but
             a
             Child
             ,
             that
             might
             be
             ruled
             by
             themselves
             .
             Three
             next
             of
             the
             ensuing
             Kings
             ,
             were
             of
             a
             collateral
             line
             .
             Their
             two
             Successours
             ,
             
               viz.
               Edward
            
             the
             Fourth
             ,
             and
             Edward
             the
             Fifth
             ,
             were
             of
             the
             Line
             ;
             yet
             Edward
             the
             Fourth
             came
             in
             by
             disseisin
             ,
             and
             Edward
             the
             Fifth
             by
             
               permission
               .
               Richard
            
             the
             Third
             ,
             and
             Henry
             the
             Sev●nth
             ,
             were
             collateral
             to
             one
             another
             ,
             and
             to
             the
             right
             Bloud
             .
             Henry
             the
             Eighth
             ,
             though
             when
             he
             was
             King
             might
             claim
             from
             his
             Mother
             ,
             yet
             came
             in
             as
             Heir
             to
             his
             Father
             .
             And
             if
             Edward
             the
             Sixth
             was
             right
             Heir
             to
             the
             House
             of
             York
             by
             his
             Grandmother
             ,
             yet
             cannot
             the
             Crown
             be
             said
             to
             descend
             upon
             the
             two
             Sisters
             ,
             neither
             as
             Heirs
             to
             him
             ,
             nor
             Henry
             the
             Eighth
             ,
             nor
             to
             one
             another
             ,
             
             so
             long
             as
             the
             Statute
             of
             their
             Illegitimation
             remained
             ;
             which
             ,
             as
             touching
             Queen
             Mary
             ,
             was
             till
             three
             months
             after
             her
             entry
             upon
             the
             Throne
             ;
             and
             as
             touching
             Queen
             Elizabeth
             ,
             for
             ever
             :
             for
             that
             Virago
             provided
             for
             her self
             ,
             not
             by
             way
             of
             Repeal
             (
             as
             her
             Sister
             had
             done
             )
             but
             more
             tenderly
             regarding
             the
             Honour
             of
             her
             Father
             and
             the
             Parliament
             ,
             than
             to
             mention
             their
             blemishes
             in
             Government
             ,
             by
             doing
             and
             undoing
             .
             She
             over-looked
             that
             Act
             of
             Henry
             the
             Eighth
             ,
             and
             the
             Notion
             of
             Inheritance
             ,
             and
             contented
             her self
             with
             her
             Title
             by
             the
             Statute
             made
             by
             her
             Father
             in
             his
             Thirty
             fifth
             year
             ;
             
             which
             to
             her
             was
             a
             meer
             purchase
             ;
             and
             was
             not
             ashamed
             to
             declare
             to
             all
             the
             world
             ,
             that
             she
             did
             have
             and
             hold
             thereby
             ,
             
               and
               that
               it
               was
               High
               Treason
               for
               any
               Subject
               to
               deny
               that
               the
               course
               of
               the
               Crown
               of
            
             England
             
               is
               to
               be
               ordered
               by
               Act
               of
               Parliament
               .
            
             
             And
             this
             power
             did
             the
             Parliament
             exercise
             ,
             not
             onely
             in
             ordering
             the
             course
             of
             the
             Crown
             to
             Queen
             Mary
             and
             Queen
             Elizabeth
             ,
             but
             during
             the
             Reign
             of
             Queen
             Elizabeth
             ,
             so
             far
             as
             to
             disinherit
             and
             disable
             any
             person
             who
             should
             pretend
             Right
             to
             the
             Crown
             ,
             in
             opposition
             to
             the
             Right
             of
             Queen
             Elizabeth
             .
             And
             upon
             this
             point
             onely
             ,
             did
             the
             whole
             proceedings
             against
             Mary
             Queen
             of
             Scots
             depend
             ;
             who
             claimed
             to
             be
             ,
             
             and
             doubtless
             was
             Heir
             unto
             Henry
             the
             Eighth
             ,
             after
             the
             determination
             of
             his
             Right
             Line
             ;
             and
             yet
             she
             was
             put
             to
             death
             for
             pretending
             
               Right
               by
               the
               Common
               Law
            
             ,
             in
             opposition
             to
             the
             
               Act
               of
               Parliament
            
             .
             True
             it
             is
             ,
             that
             this
             Doctrine
             doth
             not
             down
             well
             with
             those
             that
             do
             pretend
             to
             Prerogative
             ,
             aided
             (
             as
             they
             say
             )
             by
             the
             Act
             of
             Recognition
             made
             to
             King
             James
             ,
             
             and
             the
             Oaths
             of
             Supremacy
             and
             Allegiance
             ;
             which
             do
             make
             much
             parly
             concerning
             Inheritance
             and
             Heirs
             .
             Nevertheless
             it
             is
             as
             true
             ,
             that
             the
             Act
             of
             Recognition
             made
             no
             Law
             for
             the
             future
             ;
             nor
             doth
             the
             same
             cross
             the
             Statute
             
             of
             13
             
               Eliz.
               Nor
               doth
               it
               take
               away
               the
               power
               of
               the
               Parliament
               from
               over-ruling
               the
               course
               of
               the
               Common
               Law
               for
               after-Ages
               .
               Nor
               do
               the
               Oaths
               of
               Supremacy
               and
               Allegiance
               hold
               forth
               any
               such
               Obligation
               unto
               Heirs
               ,
               otherwise
               than
               as
               supposing
               them
               to
               be
               Successors
               ,
               and
               in
               that
               relation
               onely
               .
            
             And
             therefore
             was
             no
             such
             Allegiance
             due
             to
             Edward
             the
             Sixth
             ,
             Queen
             Mary
             ,
             or
             Queen
             Elizabeth
             ,
             until
             they
             were
             actually
             possessed
             of
             the
             Crown
             ;
             as
             may
             appear
             by
             the
             Oath
             formed
             by
             the
             Statute
             of
             Henry
             the
             Eighth
             touching
             their
             Succession
             .
             
             Nor
             did
             the
             Law
             suppose
             any
             Treason
             could
             be
             acted
             against
             the
             Heirs
             of
             Edward
             the
             Sixth
             ,
             Queen
             Mary
             ,
             or
             Queen
             Elizabeth
             ,
             until
             those
             Heirs
             were
             actually
             possessed
             of
             the
             Crown
             ,
             and
             so
             were
             Kings
             and
             Queens
             ;
             
             as
             by
             express
             words
             in
             the
             several
             Statutes
             do
             appear
             .
             Nor
             did
             the
             Recognition
             by
             the
             Parliament
             made
             to
             Queen
             Elizabeth
             ,
             declare
             any
             engagement
             of
             the
             People
             to
             assist
             and
             defend
             her
             ,
             and
             the
             Heirs
             of
             her
             Body
             ,
             otherwise
             than
             with
             this
             Limitation
             ,
             
               Being
               Kings
               and
               Queens
               of
               this
               Realm
            
             ;
             as
             by
             the
             Statute
             in
             that
             behalf
             made
             ,
             doth
             appear
             .
          
           
             And
             lastly
             ,
             (
             had
             those
             Oaths
             been
             otherwise
             understood
             )
             the
             Crown
             had
             by
             the
             virtue
             of
             them
             been
             pre-engaged
             ,
             so
             as
             it
             could
             never
             have
             descended
             to
             Queen
             Mary
             ,
             Queen
             Elizabeth
             ,
             or
             King
             James
             ,
             but
             must
             have
             remained
             to
             the
             Heirs
             of
             Edward
             the
             Sixth
             for
             ever
             .
          
           
             Secondly
             ,
             the
             same
             power
             that
             the
             Parliament
             exercised
             in
             ordering
             the
             course
             of
             Succession
             in
             the
             Crown
             ,
             they
             exercised
             likewise
             in
             determining
             and
             distributing
             the
             Powers
             and
             Priviledges
             belonging
             to
             the
             same
             :
             for
             these
             times
             were
             full
             of
             Novelties
             .
             The
             Crown
             had
             formerly
             sitted
             a
             Childs
             head
             more
             than
             once
             ,
             but
             it
             never
             tried
             to
             fit
             a
             Womans
             head
             since
             the
             Saxons
             times
             ,
             till
             now
             that
             it
             must
             make
             trial
             of
             two
             .
             France
             might
             afford
             us
             a
             trick
             of
             the
             
               Salique
               Law
            
             ,
             if
             it
             might
             find
             acceptance
             .
             And
             the
             unsetled
             state
             of
             the
             People
             ,
             especially
             in
             matter
             of
             Religion
             ,
             might
             require
             the
             wisest
             man
             living
             to
             sit
             at
             the
             Helm
             ,
             and
             yet
             himself
             not
             sufficient
             to
             steer
             a
             right
             course
             to
             the
             Harbour
             .
             Nevertheless
             ,
             the
             Parliament
             having
             the
             Statute
             of
             Henry
             the
             Eighth
             to
             lead
             the
             way
             ,
             chose
             rather
             to
             pursue
             a
             Rule
             than
             to
             make
             one
             ,
             and
             soon
             determined
             the
             point
             ,
             
               viz.
               That
               the
               Crown
               of
            
             England
             ,
             
               with
               all
               the
               Priviledges
               thereof
               ,
               equally
               belong
               to
               a
               Woman
               in
               possession
               ,
               as
               to
               a
               Man
               or
               Child
               .
            
             A
             bold
             Adventure
             I
             say
             it
             was
             ,
             
             but
             that
             Henry
             the
             Eighth
             was
             a
             bold
             Leader
             ;
             and
             yet
             the
             bolder
             it
             was
             ,
             if
             the
             consequence
             be
             considered
             .
             For
             Queen
             Mary
             ,
             as
             a
             Woman
             ,
             brought
             in
             one
             new
             Precedent
             ,
             but
             in
             her
             Marriage
             a
             worse
             :
             for
             she
             aimed
             not
             onely
             at
             a
             Foreign
             Bloud
             ,
             but
             at
             a
             Prince
             in
             Power
             and
             Majesty
             exceeding
             her
             own
             ;
             and
             thereby
             seeking
             advancement
             both
             to
             her self
             and
             her
             Realm
             ,
             endangered
             both
             .
             The
             matter
             was
             long
             in
             debate
             between
             the
             Spanish
             and
             English
             ,
             and
             now
             had
             busied
             their
             Wits
             about
             ten
             years
             ;
             at
             length
             a
             Supremacy
             is
             formed
             suitable
             to
             the
             Lord
             and
             Husband
             of
             Queen
             Mary
             ,
             
             that
             could
             not
             be
             content
             to
             be
             one
             inch
             lower
             than
             her self
             .
             Philip
             had
             the
             name
             of
             a
             King
             ,
             and
             Precedency
             ;
             and
             in
             many
             cases
             ,
             not
             without
             the
             Allegiance
             of
             the
             English.
             Their
             offences
             against
             his
             person
             ,
             
             equally
             Treason
             with
             those
             against
             the
             Queens
             own
             person
             ;
             and
             Indictments
             run
             ,
             
               Contra
               pacem
               ,
               &
               Coronam
               D.
               Regis
               &
               Reginae
               .
            
             That
             in
             some
             cases
             he
             participated
             in
             the
             Regal
             Power
             ,
             may
             appear
             ,
             
             in
             that
             by
             the
             Articles
             he
             was
             to
             aid
             the
             Queen
             in
             the
             Administration
             of
             the
             Kingdom
             ;
             he
             joyned
             with
             the
             Queen
             in
             the
             
               Royal
               Assent
            
             ,
             and
             in
             Commission
             ,
             Letters
             patents
             ,
             and
             in
             Writs
             of
             Summons
             of
             Parliament
             ,
             as
             well
             as
             others
             ;
             yet
             in
             the
             words
             the
             Crown
             is
             reserved
             onely
             to
             the
             Queen
             ,
             and
             she
             must
             Reign
             as
             sole
             Queen
             .
             Now
             if
             the
             King
             had
             
             broken
             this
             Agreement
             ,
             either
             the
             Parliament
             must
             over-rule
             the
             whole
             ,
             or
             all
             that
             is
             done
             must
             be
             undone
             ,
             and
             England
             must
             bear
             the
             burthen
             .
             A
             Queen
             Regent
             is
             doubtless
             a
             dangerous
             condition
             for
             England
             ,
             above
             that
             of
             an
             
             Infant-King
             ,
             unless
             she
             be
             married
             onely
             to
             her
             people
             .
          
           
             This
             was
             observed
             by
             Queen
             Elizabeth
             ,
             who
             therefore
             kept
             her self
             unmarried
             ;
             nor
             did
             the
             people
             otherwise
             desire
             her
             Marriage
             ,
             than
             in
             relation
             to
             Posterity
             .
             Few
             of
             them
             liking
             any
             one
             of
             their
             own
             Nation
             so
             well
             ,
             as
             to
             prefer
             him
             so
             highly
             above
             themselves
             ;
             and
             fewer
             any
             Foreigner
             .
             This
             was
             soon
             espied
             by
             Foreign
             Princes
             ;
             and
             the
             Queen
             her self
             perceiving
             that
             she
             was
             like
             to
             receive
             prejudice
             hereby
             in
             her
             interest
             amongst
             them
             ,
             signified
             by
             her
             Embassadors
             ,
             
             that
             she
             never
             meaned
             to
             stoop
             so
             low
             as
             to
             match
             with
             any
             of
             her
             Subjects
             ;
             but
             intended
             to
             make
             her
             choice
             of
             some
             Foreign
             Prince
             ,
             who
             neither
             by
             Power
             or
             Riches
             should
             be
             able
             to
             prejudice
             the
             interest
             of
             any
             of
             her
             Neighbouring
             Princes
             .
             A
             pretty
             Complement
             this
             was
             ,
             to
             gain
             expectation
             from
             those
             abroad
             ,
             and
             better
             correspondency
             thereunto
             .
             Upon
             this
             ground
             divers
             Princes
             conceived
             hopes
             of
             more
             interest
             than
             by
             trial
             they
             could
             find
             .
             And
             the
             Arch-Duke
             of
             Austria
             began
             a
             Treaty
             ,
             which
             seemingly
             was
             entertained
             by
             her
             ;
             but
             her
             Proposals
             were
             such
             ,
             as
             silenced
             all
             those
             of
             the
             Austrian
             Interest
             for
             ever
             after
             ,
             viz.
             
          
           
             
               1.
               
               That
               the
               Romish
               Religion
               should
               never
               be
               admitted
               into
               England
               .
            
             
               2.
               
               That
               no
               man
               that
               she
               married
               should
               ever
               wear
               the
               Title
               of
               King.
               
            
             
               3.
               
               That
               no
               Foreigner
               should
               ever
               intermeddle
               in
               the
               Rule
               and
               Government
               of
               the
               Church
               or
               Commonwealth
               ,
               nor
               in
               the
               Ministry
               of
               the
               Church
               .
            
             
               4.
               
               That
               if
               he
               survived
               the
               Queen
               ,
               he
               should
               never
               challenge
               any
               Title
               or
               Interest
               in
               the
               Government
               ,
               or
               any
               Possession
               in
               England
               .
            
             
               5.
               
               She
               would
               never
               marry
               any
               one
               that
               she
               might
               not
               first
               see
               .
            
          
           
             So
             as
             either
             she
             aimed
             at
             some
             inferiour
             Prince
             ,
             that
             durst
             not
             look
             so
             high
             ;
             or
             else
             she
             did
             but
             make
             semblance
             till
             she
             was
             nigh
             Forty
             years
             old
             :
             and
             in
             all
             declared
             ,
             that
             she
             liked
             not
             her
             Sister
             Maries
             choice
             .
          
           
             To
             these
             two
             Powers
             of
             Determining
             and
             Distributing
             ,
             I
             shall
             adde
             a
             third
             of
             Deputing
             ,
             which
             the
             Parliament
             exercised
             as
             formerly
             it
             had
             done
             .
             Henry
             the
             Eighth
             had
             in
             Ecclesiastical
             matters
             exercised
             a
             power
             beyond
             the
             Law
             ,
             and
             yet
             by
             Parliament
             had
             provided
             positive
             Laws
             ,
             by
             which
             the
             same
             ought
             to
             have
             been
             ordered
             :
             these
             were
             also
             confirmed
             in
             Edward
             the
             Sixth's
             time
             ,
             with
             some
             Additionals
             .
             
             By
             these
             ,
             particular
             Commissioners
             were
             appointed
             for
             the
             making
             of
             Ecclesiastical
             Constitutions
             ;
             
             and
             the
             King
             himself
             had
             a
             power
             of
             Episcopofactory
             ,
             without
             
               Conge
               d'eslire
            
             .
             
             They
             likewise
             limited
             the
             power
             of
             Ecclesiastical
             Courts
             ,
             
             altered
             their
             Process
             ,
             reformed
             their
             Censures
             ,
             even
             that
             grand
             Censure
             of
             Excommunication
             it self
             .
             
             The
             like
             ,
             or
             much
             more
             may
             be
             said
             of
             their
             deputing
             power
             in
             Civil
             Affairs
             ;
             
             as
             well
             by
             enlarging
             the
             King's
             power
             ,
             as
             in
             abridging
             the
             same
             .
             For
             whereas
             some
             of
             the
             Successors
             of
             Henry
             the
             Eighth
             ,
             had
             power
             by
             vertue
             of
             his
             Letters●
             patents
             ,
             after
             Twenty
             four
             years
             of
             age
             ,
             to
             annul
             any
             Act
             of
             Parliament
             by
             them
             made
             before
             that
             age
             ;
             in
             the
             time
             of
             Edward
             the
             Sixth
             ,
             notwithstanding
             the
             Proviso
             of
             that
             Law
             ,
             and
             although
             Edward
             the
             Sixth
             ,
             was
             not
             then
             Twelve
             years
             old
             ,
             yet
             the
             Parliament
             repealed
             all
             ,
             and
             restored
             to
             Edward
             the
             Sixth
             onely
             that
             power
             for
             the
             time
             to
             come
             ;
             but
             not
             to
             any
             of
             his
             Successors
             .
             And
             whereas
             Henry
             the
             Eighth
             had
             gained
             to
             himself
             and
             his
             Successors
             a
             
               Legislative
               Power
            
             by
             Proclamation
             ;
             the
             Parliament
             in
             Edward
             the
             
             Sixth's
             time
             took
             the
             same
             quite
             away
             ,
             
             and
             reduced
             Proclamations
             into
             their
             former
             sober
             posture
             .
             The
             like
             may
             be
             observed
             of
             the
             power
             of
             the
             Parliament
             ,
             
             in
             ordering
             the
             Lives
             ,
             Members
             ,
             and
             Estates
             of
             the
             People
             in
             matters
             criminal
             ;
             
             and
             in
             making
             and
             altering
             Courts
             of
             Justice
             ,
             and
             bounding
             their
             Power
             ,
             
             altering
             their
             Process
             ,
             abridging
             their
             Terms
             for
             Judicature
             ,
             
             reforming
             Errours
             in
             pleading
             ,
             amending
             common
             Conveyances
             and
             Assurance
             ,
             as
             in
             passing
             Fines
             with
             Proclamations
             ;
             their
             course
             in
             County
             Palatine
             ;
             Limitations
             of
             Prescription
             ;
             fraudulent
             Deeds
             ;
             Recoveries
             by
             Collusion
             ,
             &c.
             in
             all
             which
             the
             Crown
             had
             no
             power
             ,
             but
             in
             and
             by
             the
             Parliament
             .
             Many
             particulars
             more
             might
             be
             added
             ,
             if
             the
             matter
             so
             required
             ;
             for
             the
             Statutes
             are
             more
             full
             in
             these
             later
             Times
             than
             formerly
             ,
             and
             may
             soon
             lead
             us
             beyond
             a
             just
             period
             in
             so
             clear
             a
             matter
             .
          
        
         
           
             CHAP.
             XXXVII
             .
             Of
             Jurisdiction
             Ecclesiastical
             in
             these
             last
             Times
             .
          
           
             IN
             the
             general
             ,
             and
             in
             relation
             to
             the
             Foreign
             Jurisdiction
             of
             Rome
             ,
             it
             was
             like
             a
             Child
             in
             an
             Ague
             ,
             under
             Fits
             of
             heat
             and
             cold
             ;
             but
             in
             it self
             ,
             under
             the
             Prelacie
             ,
             still
             growing
             in
             Stature
             though
             not
             in
             strength
             Edward
             the
             Sixth
             came
             in
             like
             a
             Storm
             that
             tor●
             〈…〉
             by
             the
             roots
             ,
             yet
             a
             Top-root
             remained
             intire
             with
             the
             〈◊〉
             ,
             bearing
             shew
             of
             a
             kind
             of
             Divinity
             ,
             that
             though
             bared
             of
             the
             〈◊〉
             Soil
             of
             the
             Papacy
             ,
             yet
             transplanted
             into
             the
             new
             Mould
             of
             Royalty
             ,
             soon
             conveyed
             a
             new
             life
             ,
             which
             made
             the
             Stock
             still
             flourish
             ,
             and
             grow
             into
             a
             better
             condition
             than
             formerly
             it
             had
             .
             Their
             
               Legislative
               Power
            
             in
             matters
             concerning
             their
             own
             interest
             ,
             though
             in
             outward
             view
             seeming
             their
             own
             ,
             yet
             was
             doubly
             disturbed
             from
             the
             Pope
             and
             the
             King
             ;
             who
             ,
             though
             many
             times
             they
             opposed
             one
             another
             ,
             yet
             evermore
             were
             both
             of
             them
             in
             opposition
             to
             the
             Church
             ,
             and
             with
             the
             greater
             bitterness
             by
             their
             own
             mutual
             Emulations
             .
             But
             now
             the
             Church
             is
             come
             under
             the
             controle
             of
             onely
             ,
             one
             that
             joyned
             with
             it
             for
             their
             mutual
             interest
             ,
             as
             being
             both
             of
             them
             embarqued
             in
             one
             and
             the
             same
             ship
             .
          
           
             Two
             things
             concurred
             to
             the
             furtherance
             hereof
             .
          
           
             First
             ,
             the
             Times
             were
             tender
             ,
             and
             scarce
             able
             to
             digest
             the
             change
             of
             Worship
             ,
             now
             patronized
             by
             Edward
             the
             Sixth
             ,
             much
             less
             able
             to
             digest
             the
             change
             of
             Government
             ,
             if
             the
             same
             had
             been
             undertaken
             in
             a
             different
             way
             from
             what
             it
             was
             formerly
             .
          
           
             Secondly
             ,
             The
             Times
             were
             also
             dark
             ,
             and
             few
             saw
             the
             bottom
             of
             Prelacie
             ,
             but
             lodged
             all
             the
             prejudice
             in
             the
             persons
             that
             managed
             that
             calling
             .
             And
             certainly
             they
             had
             the
             less
             occasion
             to
             doubt
             of
             their
             own
             judgement
             therein
             ,
             because
             Edward
             the
             Sixth
             had
             the
             good
             providence
             of
             God
             to
             lead
             him
             to
             make
             use
             of
             such
             men
             in
             that
             place
             ,
             that
             were
             meek
             ,
             and
             holy
             ,
             and
             themselves
             attempted
             in
             the
             fire
             of
             Persecution
             ,
             and
             therefore
             more
             tenderly
             affected
             to
             others
             in
             that
             condition
             .
             And
             these
             carrying
             themselves
             like
             tender
             nursing
             Fathers
             in
             their
             places
             ,
             wrought
             in
             the
             people
             a
             good
             opinion
             of
             their
             places
             ,
             and
             that
             Form
             of
             Government
             for
             their
             sakes
             Yet
             even
             in
             those
             first
             Times
             of
             Reformation
             ,
             somewhat
             appeared
             in
             that
             very
             quintessence
             of
             Episcopacie
             ,
             in
             matters
             of
             Ceremony
             and
             Conformity
             ,
             that
             might
             have
             taught
             wise
             men
             to
             beware
             .
             
             Upon
             such
             grounds
             as
             these
             it
             went
             well
             with
             Episcopacy
             in
             these
             first
             Times
             of
             Reformation
             ,
             but
             ill
             with
             the
             Church
             in
             the
             issue
             .
             That
             Prelacie
             was
             a
             gainer
             by
             the
             change
             in
             Henry
             the
             Eighth's
             time
             ,
             hath
             already
             appeared
             ;
             and
             that
             it
             still
             gained
             ,
             may
             further
             appear
             in
             these
             ensuing
             Considerations
             .
          
           
             First
             ,
             Whereas
             formerly
             Bishops
             were
             regardant
             both
             to
             the
             Crown
             and
             Presbytery
             (
             for
             so
             may
             the
             Dean
             and
             Chapter
             be
             accounted
             )
             in
             the
             point
             of
             Election
             by
             
               Conge
               d'eslire
            
             ,
             
             now
             they
             are
             made
             the
             birth
             of
             the
             Kings
             own
             breath
             ;
             which
             thing
             was
             never
             deduced
             from
             the
             ancient
             Right
             of
             the
             Crown
             ;
             (
             saving
             due
             honour
             to
             the
             air
             of
             the
             Preface
             of
             the
             Statute
             )
             for
             in
             the
             best
             Times
             it
             never
             had
             more
             than
             a
             power
             of
             Investiture
             :
             But
             from
             the
             necessity
             of
             the
             Times
             so
             corrupted
             ,
             that
             Deans
             and
             Chapters
             generally
             were
             of
             the
             Roman
             Spirit
             ,
             and
             gave
             little
             hope
             of
             good
             Elections
             by
             themselves
             .
             Besides
             ,
             the
             state
             of
             Learning
             and
             Holiness
             was
             now
             at
             the
             low-water
             mark
             ;
             so
             as
             little
             supply
             being
             looked
             for
             to
             begin
             the
             work
             of
             Reformation
             from
             beneath
             ,
             they
             began
             above
             ;
             and
             so
             it
             proved
             but
             a
             weak
             building
             for
             the
             longer
             time
             .
             And
             thus
             a
             lesson
             is
             left
             to
             future
             Parliaments
             ,
             
               That
               in
               Cases
               of
               Reformation
               they
               are
               not
               to
               be
               strictly
               holden
               to
               Rules
               of
               Law
               or
               Precedent
               .
            
          
           
             Secondly
             ,
             The
             Prelates
             hereby
             had
             their
             Authority
             confirmed
             by
             Act
             of
             Parliament
             ,
             and
             so
             were
             now
             built
             upon
             a
             Foundation
             ,
             that
             formerly
             did
             hang
             onely
             upon
             a
             pin
             of
             power
             from
             Rome
             .
             For
             Jurisdiction
             without
             Authority
             ,
             is
             but
             a
             Dropsie
             that
             brings
             inevitable
             consumption
             in
             the
             conclusion
             .
             And
             thus
             the
             Prelacie
             are
             inabled
             to
             
               hold
               Courts
            
             without
             contradiction
             ,
             and
             directed
             in
             their
             Process
             ,
             who
             formerly
             had
             a
             good
             Title
             to
             neither
             ,
             in
             that
             course
             that
             they
             held
             the
             same
             .
          
           
             Thirdly
             ,
             Though
             their
             Jurisdiction
             was
             defined
             by
             the
             Statutes
             ,
             yet
             in
             larger
             bounds
             than
             ever
             the
             Statute-Laws
             formerly
             noted
             ;
             and
             in
             what
             they
             claimed
             power
             ,
             they
             did
             it
             not
             altogether
             upon
             
               Civil
               Right
            
             ,
             but
             still
             kept
             an
             awful
             regard
             to
             their
             Persons
             and
             Power
             ,
             as
             under
             the
             sway
             of
             a
             
               Divine
               Donation
            
             ;
             and
             therefore
             ,
             as
             in
             those
             matters
             to
             them
             by
             the
             Statute
             allowed
             ,
             they
             did
             proceed
             in
             the
             name
             and
             under
             the
             Seal
             of
             the
             King
             ;
             so
             in
             other
             things
             of
             
               Collation
               ,
               Institution
               ,
               Induction
               ,
               Orders
               ,
               Excommunication
               ,
            
             and
             such
             like
             ,
             they
             proceeded
             in
             and
             under
             their
             own
             Name
             and
             Seal
             ;
             and
             ,
             which
             was
             a
             Crown
             to
             all
             the
             rest
             ,
             power
             is
             still
             given
             to
             the
             Archbishop
             of
             Canterbury
             ,
             in
             cases
             of
             Faculty
             and
             Dispensation
             ,
             to
             proceed
             under
             his
             own
             Seal
             ,
             and
             not
             the
             Kings
             ,
             as
             if
             it
             were
             a
             power
             independent
             upon
             the
             Crown
             ,
             and
             belonging
             unto
             the
             man
             ;
             neither
             by
             Statute
             nor
             Commission
             ,
             but
             coming
             by
             some
             secret
             Influence
             from
             the
             very
             place
             it self
             .
             Although
             in
             the
             clear
             sense
             it
             is
             no
             more
             than
             a
             power
             of
             
               Non
               obstante
            
             in
             the
             point
             of
             obedience
             to
             the
             Canon-Law
             ,
             which
             by
             a
             Statute
             in
             Henry
             the
             Eighth's
             time
             is
             declared
             no
             Law.
             But
             let
             this
             pass
             as
             a
             Mole
             in
             this
             fair
             face
             of
             Church-government
             .
          
           
             The
             Prelates
             are
             now
             become
             of
             the
             Vicinage
             ,
             
               Probi
               &
               legales
               homines
            
             ;
             they
             have
             their
             Jurisdiction
             by
             Law
             established
             ;
             what
             they
             lose
             in
             breadth
             ,
             they
             gain
             in
             height
             and
             goodness
             of
             their
             Foundation
             .
             Yet
             their
             Attire
             looks
             ill-favourably
             in
             Queen
             Maries
             eye
             ;
             she
             will
             have
             it
             of
             the
             old
             cut
             again
             :
             and
             though
             Cardinal
             Pool
             was
             well
             seen
             in
             the
             Roman
             fashion
             ,
             yet
             when
             he
             had
             done
             all
             ,
             he
             did
             no
             more
             than
             shape
             a
             Garment
             to
             serve
             the
             present
             Interlude
             ,
             neither
             fit
             to
             the
             body
             ,
             nor
             easie
             
             to
             be
             worn
             ;
             and
             therefore
             after
             four
             or
             five
             turns
             upon
             the
             Stage
             ,
             it
             is
             thrown
             away
             .
             Nevertheless
             ,
             during
             the
             time
             that
             England
             was
             thus
             dancing
             the
             Italian
             measure
             ,
             Prelacy
             in
             England
             held
             its
             own
             Domestick
             garb
             so
             well
             ,
             that
             neither
             Poole
             (
             being
             of
             English
             bloud
             ,
             not
             much
             distant
             from
             the
             Crown
             ,
             and
             then
             also
             holding
             the
             
               Chair
               Legatine
            
             ,
             as
             little
             inferiour
             to
             the
             Throne
             )
             would
             not
             impose
             too
             much
             ,
             nor
             Queen
             Mary
             ,
             a
             woman
             of
             a
             stout
             Spirit
             ,
             yield
             farther
             than
             she
             liked
             .
             By
             means
             whereof
             ,
             the
             Prelacie
             ,
             looking
             no
             more
             to
             Rome
             than
             the
             power
             in
             Appeals
             ,
             and
             therein
             little
             more
             than
             the
             bare
             Title
             ,
             played
             Rex
             all
             the
             while
             with
             the
             people
             ,
             under
             colour
             of
             Heresie
             and
             the
             Canon-Law
             ,
             which
             now
             was
             again
             made
             their
             Rule
             :
             And
             thus
             as
             touching
             their
             Election
             and
             Jurisdiction
             ,
             they
             were
             as
             before
             .
             For
             Queen
             Mary
             did
             nothing
             but
             by
             single
             Repeal
             .
             But
             Queen
             Elizabeth
             being
             true
             English
             ,
             both
             by
             Father
             and
             Mother
             ,
             liking
             not
             this
             retreat
             ,
             faced
             about
             ,
             routed
             the
             Roman
             fashion
             out
             of
             fashion
             ;
             put
             Prelacie
             to
             its
             close
             guard
             ,
             and
             received
             it
             upon
             capitulation
             ,
             not
             onely
             to
             mercy
             ,
             but
             favour
             ;
             and
             so
             it
             became
             her
             Vicar
             to
             exercise
             her
             Ecclesiastical
             Jurisdiction
             
               per
               saltum
            
             :
             For
             it
             is
             hard
             to
             find
             by
             what
             steps
             they
             gained
             this
             pitch
             .
             Henry
             the
             Eighth
             was
             
               Supream
               Head
            
             by
             submission
             of
             the
             Clergie
             ,
             by
             Resumption
             ,
             and
             by
             Act
             of
             Parliament
             ;
             and
             as
             such
             ,
             the
             power
             of
             Bishops
             formerly
             derived
             from
             Rome
             ceased
             ;
             and
             Henry
             the
             Eighth
             after
             restored
             it
             anew
             ,
             and
             setled
             the
             same
             by
             several
             Acts
             of
             Parliament
             ;
             which
             Edward
             the
             Sixth
             confirmed
             ,
             with
             divers
             additional
             Acts
             of
             further
             benefit
             to
             them
             ,
             as
             hath
             been
             already
             noted
             .
             But
             Queen
             Mary
             altered
             all
             by
             repeal
             of
             the
             former
             Laws
             ,
             and
             so
             left
             all
             in
             Remitter
             ,
             as
             before
             the
             alteration
             by
             Henry
             the
             Eighth
             ;
             and
             did
             neither
             give
             or
             grant
             any
             Jurisdiction
             to
             the
             Pope
             .
             Last
             of
             all
             comes
             Queen
             Elizabeth
             ,
             and
             by
             Repeal
             and
             Resumption
             possessed
             her self
             of
             Jurisdiction
             Ecclesiastical
             ;
             and
             granted
             Election
             of
             Bishops
             by
             
               Conge
               d'eslire
            
             ,
             but
             never
             granted
             to
             the
             Bishops
             Ordinary
             Jurisdiction
             by
             any
             express
             Act
             ,
             other
             than
             permission
             of
             them
             to
             continue
             in
             their
             former
             course
             ;
             notwithstanding
             that
             the
             foundation
             of
             their
             Jurisdiction
             had
             been
             altered
             twice
             ;
             and
             so
             it
             will
             be
             difficult
             for
             it
             to
             hold
             by
             Prescription
             or
             Custom
             ,
             or
             any
             other
             way
             than
             by
             a
             kind
             of
             
               Divine
               Right
            
             ,
             which
             began
             to
             be
             pretended
             ,
             yet
             to
             this
             day
             could
             never
             be
             made
             evident
             to
             the
             World.
             Whatever
             the
             ground
             was
             ,
             the
             thing
             is
             plain
             ,
             that
             Prelacie
             in
             Queen
             Elizabeths
             time
             had
             this
             honour
             allowed
             thereunto
             ,
             that
             it
             was
             upholden
             by
             Election
             from
             Ecclesiastical
             men
             ,
             and
             held
             its
             Jurisdiction
             as
             from
             it self
             ,
             and
             in
             the
             name
             of
             Bishop
             as
             Ordinary
             ;
             and
             the
             power
             of
             Excommunication
             by
             a
             saving
             in
             the
             Statute-law
             ,
             and
             not
             by
             express
             Donation
             ;
             notwithstanding
             the
             late
             Precedent
             in
             the
             time
             of
             Edward
             the
             Sixth
             to
             the
             contrary
             .
          
           
             Secondly
             ,
             The
             Rule
             of
             this
             Jurisdiction
             was
             no
             less
             at
             large
             ;
             for
             the
             Canon-Law
             was
             determined
             by
             Henry
             the
             Eighth
             ,
             and
             Edward
             the
             Sixth
             ,
             and
             was
             not
             revived
             by
             any
             Act
             of
             Parliament
             ,
             by
             Queen
             Mary
             or
             Queen
             Elizabeth
             ,
             who
             neither
             pursued
             the
             Medium
             of
             the
             Thirty
             two
             Commissioners
             ,
             nor
             setled
             other
             rule
             ,
             but
             a
             few
             Canons
             ,
             which
             (
             after
             some
             time
             )
             by
             Queen
             Elizabeth
             and
             her
             Clergie
             were
             agreed
             upon
             ,
             but
             never
             confirmed
             by
             Act
             of
             Parliament
             .
             And
             so
             could
             never
             bind
             the
             Subject
             ;
             and
             which
             in
             general
             set
             forth
             a
             kind
             of
             Form
             of
             Church●
             policy
             ,
             yet
             no
             fashion
             of
             Jurisdiction
             ,
             or
             rule
             of
             proceedings
             in
             the
             Ecclesiastical
             Courts
             ;
             but
             in
             such
             cases
             left
             them
             to
             the
             Canon-Law
             ,
             which
             was
             hidden
             in
             their
             own
             breasts
             ,
             and
             could
             be
             make
             strait
             or
             wide
             as
             they
             pleased
             .
          
           
           
             Thirdly
             ,
             the●
             Censures
             now
             grew
             more
             sharp
             ;
             for
             whereas
             at
             the
             utmost
             formerly
             they
             ●●uld
             do
             no
             more
             but
             imprison
             ,
             or
             deliver
             over
             to
             the
             
               Secular
               Power
            
             ,
             and
             that
             onely
             in
             case
             of
             Heresie
             ,
             
             and
             yet
             had
             scarce
             ground
             of
             Law
             for
             what
             they
             did
             ;
             now
             they
             have
             an
             additional
             power
             ,
             to
             fine
             and
             imprison
             in
             Cases
             of
             inferiour
             nature
             ,
             and
             so
             can
             reach
             all
             that
             a
             man
             hath
             even
             to
             his
             skin
             .
             Nevertheless
             this
             was
             not
             annexed
             unto
             the
             ordinary
             Jurisdiction
             ,
             but
             given
             by
             extraordinary
             Commission
             ,
             called
             the
             
               High
               Commission
            
             ;
             wherein
             ,
             though
             many
             others
             were
             named
             ,
             yet
             the
             Clergie
             and
             Canonists
             did
             the
             work
             ;
             the
             rest
             being
             but
             in
             nature
             of
             a
             reserve
             to
             them
             ,
             in
             case
             they
             were
             put
             to
             the
             rout
             .
             The
             power
             of
             these
             Commissioners
             was
             to
             execute
             the
             Queens
             Jurisdiction
             in
             Causes
             Ecclesiastical
             :
             so
             as
             the
             Bishops
             are
             doubly
             interested
             in
             this
             work
             ;
             one
             way
             ,
             by
             supposed
             Commission
             ●rom
             God
             ,
             as
             Ordinaries
             within
             their
             own
             Diocess
             onely
             ,
             and
             so
             may
             proceed
             to
             Excommunication
             or
             Deprivation
             ;
             the
             other
             way
             ,
             by
             Commission
             from
             the
             Queen
             ,
             as
             Members
             of
             the
             High
             Commission
             ,
             (
             for
             so
             many
             of
             them
             were
             such
             ,
             as
             the
             Crown
             would
             please
             )
             and
             so
             they
             might
             fine
             and
             imprison
             .
             They
             might
             and
             did
             ,
             I
             say
             ,
             by
             their
             Commission
             ,
             but
             not
             by
             the
             Statute
             that
             gives
             authority
             thereto
             ,
             and
             therefore
             cannot
             be
             said
             to
             be
             done
             legally
             .
          
           
             Fourthly
             ,
             besides
             the
             contracted
             power
             of
             making
             Canons
             in
             the
             Convocation
             ,
             by
             the
             power
             of
             the
             
               Royal
               Assent
            
             ;
             the
             Queen
             had
             a
             power
             of
             making
             Laws
             by
             their
             consent
             ,
             in
             matters
             of
             the
             criminal
             part
             of
             the
             Worship
             of
             God.
             
          
           
             This
             might
             be
             tolerable
             for
             the
             Life
             of
             the
             one
             Queen
             ,
             who
             might
             be
             presumed
             would
             (
             if
             she
             lived
             a
             few
             years
             )
             settle
             all
             things
             :
             but
             to
             subject
             the
             Consciences
             of
             all
             the
             people
             to
             the
             opinion
             of
             one
             Metropolitan
             ,
             that
             might
             opinionate
             strange
             things
             ;
             and
             that
             the
             Successors
             of
             the
             Queen
             should
             usurp
             this
             as
             a
             Flower
             of
             the
             Crown
             ,
             to
             determine
             what
             is
             
               for
               Gods
               glory
            
             in
             such
             cases
             ,
             and
             to
             be
             always
             altering
             and
             patching
             up
             a
             Form
             ,
             as
             he
             and
             his
             Metropolitan
             ,
             or
             one
             of
             them
             alone
             ,
             
             shall
             think
             meet
             ,
             is
             neither
             commendable
             upon
             any
             grounds
             of
             Divinity
             or
             humane
             Policy
             .
          
           
             Now
             amidst
             the
             flourishing
             Estate
             of
             Prelacy
             ,
             it
             is
             no
             wonder
             if
             the
             Churches
             be
             no
             gainers
             ,
             but
             like
             Plants
             spending
             their
             Natures
             in
             luxuriant
             Branches
             ,
             either
             are
             over-turned
             by
             the
             next
             blast
             of
             wind
             ,
             or
             do
             wither
             upon
             the
             least
             change
             of
             Skie
             .
             That
             the
             whole
             ordering
             of
             the
             Church-Affairs
             rested
             originally
             in
             the
             Parliament
             ,
             no
             man
             can
             question
             ,
             considering
             whatever
             the
             Queen
             did
             ,
             or
             had
             therein
             ,
             was
             from
             the
             power
             of
             Acts
             of
             Parliament
             .
             And
             that
             the
             power
             of
             Excommunication
             it self
             ,
             notwithstanding
             that
             the
             Church
             held
             it
             by
             way
             of
             reservation
             or
             saving
             ,
             and
             not
             by
             donation
             from
             the
             Parliament
             ,
             by
             any
             express
             Act
             ;
             yet
             was
             that
             saving
             with
             such
             limitations
             ,
             as
             that
             it
             received
             but
             a
             lame
             power
             ,
             in
             comparison
             of
             what
             it
             claimed
             and
             exercised
             in
             former
             times
             .
             For
             whereas
             formerly
             the
             Church-men
             had
             the
             Writ
             
               De
               Excommunicato
               Capiendo
            
             at
             their
             own
             beck
             ;
             now
             it
             will
             not
             come
             ,
             but
             upon
             Articles
             and
             certain
             Conditions
             .
          
           
             
               1.
               
               In
               cases
               of
               Heresie
               .
            
             
               2.
               
               Of
               deserting
               of
               the
               Sacrament
               .
            
             
               3.
               
               Deserting
               of
               publick
               Worship
               .
            
             
               4.
               
               Maintenance
               of
               Error
               .
            
             
               5.
               
               Incontinency
               .
            
             
               6.
               
               Vsury
               .
            
             
               7.
               
               Simony
               .
            
             
               8.
               
               Perjury
               .
            
             
               9.
               
               Idolatry
               .
            
          
           
           
             In
             other
             matters
             the
             Spiritual
             Sword
             must
             find
             or
             make
             their
             own
             way
             ,
             or
             else
             be
             quiet
             .
          
           
             Secondly
             ,
             The
             Church
             was
             now
             no
             less
             under
             the
             Chair
             and
             Throne
             ,
             than
             under
             power
             of
             the
             Parliament
             ;
             nor
             is
             it
             a
             wonder
             ,
             if
             it
             could
             not
             thrive
             when
             it
             was
             so
             over●
             dropped
             :
             for
             Prelacie
             by
             the
             King's
             arms
             is
             lifted
             up
             so
             high
             above
             the
             other
             Clergie
             ,
             that
             the
             rest
             of
             the
             Clergie
             are
             as
             much
             underlings
             to
             the
             Prelacie
             ,
             as
             the
             Prelates
             are
             to
             the
             King.
             They
             dare
             not
             offend
             the
             Crown
             ,
             lest
             they
             should
             lose
             their
             Honours
             ;
             nor
             the
             inferiour
             Clergie
             them
             ,
             lest
             they
             should
             lose
             their
             Livings
             and
             Liberties
             :
             and
             so
             the
             Prelates
             speak
             the
             sense
             of
             the
             Clergie
             ,
             and
             make
             the
             Crown
             their
             Oracle
             .
             Thus
             in
             the
             Church-matters
             the
             Crown
             is
             all
             in
             all
             .
          
        
         
           
             CHAP.
             XXXVII
             .
             Of
             the
             Militia
             in
             these
             latter
             Times
             .
          
           
             IT
             cannot
             be
             denied
             ,
             but
             as
             in
             the
             sober
             Government
             of
             this
             〈◊〉
             there
             is
             a
             Supremacy
             of
             Command
             ;
             so
             also
             in
             the
             rudest
             times
             of
             War
             ,
             and
             wheresoever
             the
             same
             is
             setled
             ,
             there
             must
             the
             Militia
             also
             be
             .
          
           
             The
             word
             Militia
             is
             a
             general
             notion
             ,
             sufficient
             enough
             for
             a
             name
             or
             title
             ,
             but
             not
             to
             define
             the
             thing
             .
             I
             take
             it
             for
             nothing
             else
             but
             
               the
               Government
               of
               the
               Commonwealth
               when
               it
               is
               in
               danger
               ,
               or
               War
               ,
               or
               in
               order
               thereunto
               .
            
             It
             consisteth
             in
             the
             raising
             ,
             arming
             ,
             ordering
             ,
             and
             paying
             of
             the
             Souldiery
             .
             The
             title
             of
             the
             
               Supream
               Power
            
             in
             all
             this
             work
             hath
             been
             of
             late
             put
             to
             the
             question
             ,
             and
             brought
             us
             to
             this
             sad
             condition
             of
             trial
             
               by
               Battle
            
             ;
             and
             by
             Fighting
             ,
             to
             find
             out
             who
             had
             the
             chief
             power
             to
             fight
             .
             A
             Lesson
             that
             might
             have
             been
             learned
             from
             former
             Generations
             foregoing
             ,
             at
             a
             far
             cheaper
             rate
             ,
             when
             England
             is
             well
             in
             its
             wits
             .
             Where
             the
             
               Law
               of
               Peace
            
             is
             setled
             ,
             there
             also
             is
             the
             
               Law
               of
               War
            
             ;
             and
             in
             what
             condition
             the
             Crown
             standeth
             ,
             in
             relation
             to
             the
             
               Legislative
               power
            
             ,
             in
             time
             of
             Peace
             ,
             may
             be
             seen
             in
             the
             foregoing
             Discourse
             .
             In
             War
             the
             King
             is
             the
             peoples
             General
             by
             his
             place
             ;
             yet
             if
             any
             impediment
             do
             befal
             ,
             either
             by
             natural
             disabilities
             ,
             or
             civil
             ,
             to
             render
             the
             person
             incapable
             of
             managing
             of
             the
             Service
             ,
             there
             is
             no
             question
             but
             the
             people
             may
             order
             the
             matter
             as
             they
             please
             .
             With
             examples
             hereof
             these
             times
             are
             full
             ,
             wherein
             we
             have
             a
             Child
             ,
             a
             Virgin
             ,
             and
             a
             
               Married
               Woman
            
             to
             sway
             the
             Work
             ;
             all
             of
             them
             in
             a
             very
             unmeet
             condition
             for
             such
             a
             Trust
             ;
             and
             yet
             by
             the
             help
             they
             had
             ,
             they
             managed
             it
             well
             enough
             .
             The
             power
             of
             him
             as
             King
             or
             General
             in
             the
             Army
             ,
             is
             all
             one
             ;
             but
             before
             it
             is
             imbodied
             ,
             as
             a
             King
             onely
             ,
             he
             may
             do
             some
             things
             in
             order
             thereto
             ,
             according
             to
             the
             Law
             and
             Custom
             of
             the
             Nation
             ;
             yet
             this
             falls
             under
             a
             double
             consideration
             of
             the
             time
             and
             occasion
             .
             In
             the
             recess
             of
             the
             Parliament
             ,
             he
             is
             the
             first
             mover
             ,
             and
             ought
             to
             move
             by
             the
             advice
             of
             his
             Council
             ,
             if
             occasion
             do
             provoke
             to
             Arms
             ;
             but
             if
             the
             same
             befal
             ,
             the
             Parliament
             then
             sitting
             ,
             no
             History
             or
             Record
             do
             mention
             that
             ever
             he
             moved
             but
             by
             their
             concurrent
             advice
             and
             direction
             .
             The
             occasion
             either
             provoketh
             offensive
             or
             defensive
             War
             with
             other
             Nations
             ,
             or
             with
             the
             people
             of
             his
             own
             Nation
             ,
             in
             the
             case
             of
             Insurrection
             .
             Examples
             of
             War
             with
             other
             Nations
             ,
             that
             may
             be
             called
             
               offensive
               Wars
            
             ,
             we
             have
             but
             two
             ;
             one
             in
             Edward
             the
             Sixth's
             time
             with
             Scotland
             ,
             and
             which
             was
             but
             in
             pursuance
             
             of
             a
             War
             begun
             by
             his
             Father
             ,
             and
             wherein
             the
             Kingdom
             stood
             ingaged
             ,
             in
             a
             case
             that
             concerned
             the
             publick
             good
             and
             safety
             ,
             
               viz.
               The
               Marriage
               of
               their
               King
               refused
               after
               promise
               made
               .
            
             The
             other
             was
             in
             the
             time
             of
             Queen
             Mary
             with
             the
             French
             ,
             which
             somewhat
             reflected
             also
             upon
             the
             publick
             safety
             ,
             but
             more
             upon
             the
             dishonour
             of
             the
             same
             .
             I●
             none
             of
             these
             did
             either
             of
             the
             Supream
             Powers
             array
             ,
             or
             raise
             men
             by
             Prerogative
             ,
             but
             onely
             such
             as
             were
             Voluntier
             in
             that
             work
             .
             And
             because
             the
             people
             were
             ill
             principled
             in
             Edward
             the
             Sixth's
             time
             ,
             in
             regard
             of
             the
             change
             of
             Religion
             ,
             he
             was
             induced
             to
             hire
             Foreign
             aid
             out
             of
             Germany
             .
             The
             Wars
             in
             the
             time
             of
             Queen
             Elizabeth
             were
             in
             order
             to
             the
             defence
             of
             this
             Nation
             ,
             being
             ever
             under
             a
             malignant
             Aspect
             from
             abroad
             ,
             especially
             from
             Spain
             ,
             in
             
               Ireland
               ,
               France
            
             ,
             and
             the
             
               Low
               Countries
            
             .
             Yet
             were
             these
             Wars
             served
             onely
             by
             Voluntiers
             ;
             nor
             did
             any
             Commission
             give
             power
             of
             impresting
             men
             to
             serve
             against
             their
             wills
             in
             any
             Expedition
             made
             to
             any
             of
             those
             places
             ,
             as
             the
             Commissions
             upon
             Record
             do
             testifie
             .
             If
             any
             Levies
             of
             men
             were
             otherwise
             made
             ,
             or
             compulsory
             means
             used
             for
             such
             ends
             ,
             they
             are
             to
             be
             reckoned
             up
             amongst
             the
             errata
             ,
             whereof
             the
             Parliament
             took
             no
             notice
             ,
             in
             regard
             it
             saw
             the
             ends
             and
             issues
             of
             such
             Reflections
             in
             Government
             to
             be
             successful
             and
             honourable
             ;
             and
             that
             all
             was
             done
             by
             Council
             ,
             and
             a
             Woman
             popularly
             affected
             ;
             and
             therefore
             they
             less
             feared
             Invasion
             upon
             their
             Liberties
             .
             Or
             otherwise
             they
             are
             to
             be
             imputed
             to
             the
             condition
             of
             those
             places
             ,
             being
             Members
             of
             the
             Commonwealth
             ;
             as
             the
             cautionary
             Towns
             in
             the
             
               Low
               Countries
            
             ,
             and
             the
             Irish
             Plantations
             were
             ;
             and
             so
             befel
             under
             another
             consideration
             of
             a
             
               defensive
               War
            
             ,
             in
             case
             of
             Invasion
             and
             common
             danger
             thereby
             ,
             or
             by
             Intestine
             broils
             ;
             during
             which
             condition
             ,
             as
             it
             is
             the
             King's
             duty
             to
             levy
             and
             array
             men
             ,
             so
             is
             it
             the
             duty
             of
             the
             people
             to
             be
             ready
             to
             assist
             one
             another
             in
             all
             such
             exigencies
             ,
             and
             to
             defend
             the
             publick
             Liberty
             .
             Nevertheless
             ,
             these
             Arrays
             are
             not
             left
             wholly
             at
             the
             Will
             of
             the
             King
             ,
             but
             to
             discretion
             of
             the
             Council
             ,
             how
             far
             the
             same
             shall
             extend
             .
             For
             never
             were
             general
             Arrays
             made
             ,
             where
             but
             one
             Coast
             was
             in
             danger
             ,
             and
             where
             no
             Conquest
             is
             in
             pretence
             ,
             but
             onely
             Piracy
             or
             Plunder
             .
             But
             if
             the
             disease
             were
             general
             ,
             as
             in
             the
             year
             88
             ,
             the
             Array
             was
             general
             ;
             and
             yet
             it
             was
             of
             none
             ,
             but
             those
             that
             were
             of
             the
             Trained-bands
             ,
             besides
             such
             as
             were
             Voluntier
             .
          
           
             Secondly
             ,
             The
             arming
             of
             these
             men
             was
             also
             diversly
             ;
             there
             was
             no
             general
             Rule
             or
             Law
             for
             the
             arming
             of
             men
             since
             the
             time
             of
             Edward
             the
             First
             to
             the
             time
             of
             Queen
             Mary
             ,
             but
             the
             Statute
             at
             Winton
             ;
             the
             course
             of
             Tenures
             ,
             I
             mean
             of
             such
             men
             as
             were
             of
             the
             Militia
             of
             this
             Kingdom
             :
             So
             as
             when
             they
             were
             raised
             ,
             they
             were
             raised
             in
             their
             own
             Arms.
             But
             for
             such
             men
             as
             passed
             the
             Seas
             for
             Foreign
             Service
             ,
             as
             they
             were
             Voluntiers
             ,
             or
             sent
             over
             by
             the
             Parliament
             ,
             these
             were
             armed
             according
             to
             special
             contract
             .
             But
             Queen
             Mary
             ,
             having
             gotten
             a
             safe
             reserve
             from
             Spain
             upon
             all
             adventures
             ,
             and
             a
             strong
             interest
             amongst
             the
             people
             ,
             by
             upholding
             the
             
               Catholick
               party
            
             ,
             made
             no
             bones
             to
             innovate
             in
             the
             point
             of
             arming
             of
             the
             Militia
             ,
             although
             it
             cost
             the
             people
             much
             more
             than
             was
             imposed
             upon
             their
             Ancestors
             .
             The
             pattern
             hereof
             was
             taken
             from
             the
             Spanish
             Cabinet
             ;
             the
             Queen
             ,
             being
             loth
             to
             be
             inferiour
             to
             her
             own
             Husband
             ,
             in
             bringing
             as
             much
             strength
             to
             him
             as
             he
             to
             her
             ,
             and
             both
             of
             them
             willing
             enough
             to
             appear
             potent
             in
             the
             eyes
             of
             France
             ,
             that
             then
             stood
             in
             competition
             with
             them
             both
             .
             A
             yoke
             it
             was
             ,
             yet
             neither
             the
             King
             nor
             Queens
             Will
             ,
             but
             the
             Parliament
             put
             it
             on
             ;
             and
             ere
             an
             
             Age
             expired
             it
             was
             cast
             off
             again
             .
             For
             the
             better
             understanding
             ,
             see
             it
             in
             this
             Scheme
             .
          
           
             
               
                 
                   Per
                   Annum
                   .
                
                 
                   Lances
                   .
                
                 
                   Light-horse
                   .
                
                 
                   Corslets
                
                 
                   Bows
                   .
                
                 
                   Hacquebuts
                   .
                
                 
                   Bills
                   .
                
              
               
                 
                   1000
                   l.
                   
                
                 
                   6
                
                 
                   10
                
                 
                   40
                
                 
                   30
                
                 
                   20
                
                 
                   20
                
              
               
                 
                   1000
                   marks
                   .
                
                 
                   4
                
                 
                   6
                
                 
                   30
                
                 
                   20
                
                 
                   10
                
                 
                   10
                
              
               
                 
                   400
                   l.
                   
                
                 
                   2
                
                 
                   4
                
                 
                   20
                
                 
                   15
                
                 
                   6
                
                 
                    
                
              
               
                 
                   200
                   l.
                   
                
                 
                   1
                
                 
                   2
                
                 
                   10
                
                 
                   8
                
                 
                   3
                
                 
                    
                
              
               
                 
                   100
                   l.
                   
                
                 
                    
                
                 
                   2
                
                 
                   3
                
                 
                   3
                
                 
                   2
                
                 
                    
                
              
               
                 
                   100
                   marks
                   .
                
                 
                    
                
                 
                   1
                
                 
                   2
                
                 
                   2
                
                 
                   1
                
                 
                    
                
              
               
                 
                   40
                   l.
                   
                
                 
                    
                
                 
                    
                
                 
                   2
                
                 
                   1
                
                 
                   2
                
                 
                    
                
              
               
                 
                   20
                   l.
                   
                
                 
                    
                
                 
                    
                
                 
                   1
                
                 
                   1
                
                 
                   1
                
                 
                    
                
              
               
                 
                   10
                   l.
                   
                
                 
                    
                
                 
                    
                
                 
                   A
                   Coat
                   of
                   Plate
                   .
                
                 
                   1
                
                 
                   1
                
                 
                    
                
              
               
                 
                   5
                   l.
                   
                
                 
                    
                
                 
                    
                
                 
                   A
                   Coat
                   of
                   Plate
                   .
                
                 
                   1
                
                 
                    
                
                 
                    
                
              
               
                 
                   Goods
                   .
                
              
               
                 
                   1000
                   marks
                   .
                
                 
                   1
                
                 
                   1
                
                 
                   2
                
                 
                   4
                
                 
                   3
                
                 
                    
                
              
               
                 
                   400
                   l.
                   
                
                 
                    
                
                 
                   1
                
                 
                   1
                
                 
                   2
                
                 
                   1
                
                 
                    
                
              
               
                 
                   200
                   l.
                   
                
                 
                    
                
                 
                    
                
                 
                   1
                
                 
                   2
                
                 
                   1
                
                 
                    
                
              
               
                 
                   100
                   l.
                   
                
                 
                    
                
                 
                    
                
                 
                   1
                
                 
                   2
                
                 
                    
                
                 
                    
                
              
               
                 
                   40
                   l.
                   
                
                 
                    
                
                 
                    
                
                 
                   2
                   Coats
                   of
                   Plate
                   .
                
                 
                   1
                
                 
                    
                
                 
                   1
                
              
               
                 
                   20
                   l.
                   
                
                 
                    
                
                 
                    
                
                 
                   1
                   Coat
                   of
                   Plate
                   .
                
                 
                   2
                
                 
                    
                
                 
                   1
                
              
               
                 
                   10
                   l.
                   
                
                 
                    
                
                 
                    
                
                 
                    
                
                 
                   1
                
                 
                   1
                
              
            
          
           
             The
             Lances
             were
             to
             be
             compleatly
             harnessed
             ,
             or
             the
             one
             half
             of
             them
             .
             The
             Corcelets
             furnished
             with
             Coats
             of
             Mail
             and
             Pikes
             ;
             the
             Bows
             with
             and
             Iron
             Cap
             ,
             and
             a
             Sheaf
             of
             Arrows
             ;
             the
             Hacquebuts
             with
             Sallets
             .
             All
             which
             was
             to
             be
             over
             and
             besides
             such
             Arms
             as
             men
             were
             bound
             unto
             by
             Tenure
             ,
             or
             Covenant
             with
             the
             Landlord
             ,
             or
             by
             vertue
             of
             the
             Statute
             33.
             
             
               H.
               8.
               c.
            
             5.
             besides
             Townships
             which
             were
             charged
             with
             joynt-arms
             ;
             Annuities
             and
             Copy-holds
             were
             charged
             as
             Goods
             .
             If
             the
             Arms
             were
             lost
             in
             the
             Service
             ,
             the
             owner
             must
             make
             them
             good
             again
             .
             The
             defaults
             were
             punishable
             with
             Fine
             by
             the
             Justices
             of
             the
             Peace
             ,
             who
             had
             the
             view
             ,
             and
             might
             present
             them
             at
             the
             Sessions
             ,
             to
             be
             proceeded
             upon
             as
             in
             other
             cases
             .
             Here
             is
             provision
             enough
             ,
             yet
             not
             as
             the
             Arms
             of
             the
             Militia
             of
             the
             Kingdom
             ,
             but
             as
             a
             Magazine
             in
             the
             hands
             of
             every
             particular
             
             man
             ,
             and
             as
             his
             proper
             Goods
             ,
             to
             be
             imployed
             for
             the
             publick
             Service
             ,
             either
             upon
             suddain
             Invasion
             in
             a
             defensive
             War
             ,
             or
             when
             the
             Parliament
             shall
             send
             them
             abroad
             .
             And
             yet
             it
             is
             also
             a
             rule
             unto
             the
             Crown
             against
             arbitrary
             Assessments
             upon
             discretion
             ,
             from
             which
             it
             cannot
             recede
             if
             it
             mean
             to
             do
             right
             .
          
           
             It
             might
             now
             very
             well
             stand
             with
             the
             Justice
             of
             Queen
             Elizabeth
             ,
             to
             grant
             
               Commissions
               of
               Array
               ,
               Secundum
               formam
               Statutorum
               ,
            
             and
             do
             hurt
             to
             no
             man.
             It
             is
             true
             ,
             her
             Commissions
             of
             Lord
             -
             Lieutenancy
             wanted
             that
             limitation
             in
             words
             ,
             yet
             they
             carried
             the
             sense
             :
             For
             if
             the
             Crown
             were
             bound
             by
             the
             Law
             ,
             the
             Lord
             -
             Lieutenants
             were
             much
             rather
             ;
             but
             the
             danger
             arose
             after
             the
             death
             of
             Queen
             Elizabeth
             .
             For
             when
             King
             James
             came
             to
             the
             Crown
             ,
             under
             colour
             of
             pleasing
             the
             people
             ,
             and
             easing
             them
             of
             a
             burthen
             ,
             he
             pleased
             himself
             more
             ,
             and
             made
             the
             yoke
             upon
             the
             people
             much
             more
             heavy
             in
             the
             conclusion
             ;
             for
             where
             no
             declared
             Law
             is
             ,
             there
             the
             discretion
             of
             them
             that
             have
             the
             care
             lying
             upon
             them
             must
             be
             the
             Rule
             .
             And
             thus
             came
             the
             
               Scotish
               blood
            
             to
             have
             pretensions
             to
             a
             greater
             Prerogative
             than
             all
             their
             Predecessors
             had
             ;
             upon
             this
             supposal
             ,
             
               that
               the
               Statute
               of
               Queen
            
             Mary
             
               took
               away
               all
               former
               Laws
               of
               that
               kind
               ,
               and
               then
               the
               taking
               away
               of
               the
               Statute
               of
               Queen
            
             Mary
             ,
             
               takes
               away
               all
               declared
               Law
               as
               to
               that
               point
               .
            
             But
             more
             truly
             it
             may
             be
             inferred
             ,
             that
             if
             all
             Statute-Laws
             be
             taken
             away
             ,
             then
             the
             rule
             of
             Tenures
             at
             the
             Common
             Law
             must
             remain
             in
             force
             ,
             and
             no
             other
             .
             Nevertheless
             ,
             this
             Statute
             of
             Queen
             Mary
             ,
             though
             in
             force
             for
             the
             present
             ,
             was
             not
             a
             general
             rule
             for
             Arms
             in
             all
             places
             of
             this
             Nation
             ;
             for
             the
             Marches
             of
             Scotland
             were
             a
             peculiar
             Jurisdiction
             as
             to
             this
             point
             .
             They
             stood
             in
             more
             constant
             need
             of
             Arms
             than
             any
             other
             part
             of
             this
             Nation
             ,
             in
             regard
             of
             their
             uncertain
             condition
             ,
             in
             relation
             to
             their
             neighbouring
             Jurisdiction
             ;
             and
             therefore
             were
             the
             Farms
             of
             these
             parts
             generally
             contracted
             for
             ,
             upon
             a
             special
             reservation
             of
             Arms
             for
             each
             particular
             ;
             which
             being
             now
             decayed
             ,
             are
             again
             reduced
             by
             Queen
             Elizabeth
             
             to
             their
             ancient
             condition
             in
             the
             time
             of
             Henry
             the
             Eighth
             .
          
           
             A
             second
             thing
             which
             may
             come
             under
             this
             general
             consideration
             of
             arming
             ,
             is
             ,
             the
             arming
             of
             places
             ,
             by
             making
             of
             Forts
             and
             Castles
             ;
             which
             was
             not
             in
             the
             immediate
             determinate
             will
             of
             the
             Crown
             to
             order
             as
             it
             pleased
             .
             For
             though
             they
             may
             seem
             to
             be
             means
             of
             Peace
             and
             present
             Safety
             ,
             yet
             they
             are
             Symptoms
             of
             War
             ,
             and
             in
             the
             best
             times
             are
             looked
             upon
             with
             a
             jealous
             eye
             ,
             especially
             such
             as
             are
             not
             bordering
             upon
             the
             Coasts
             :
             Because
             that
             Prince
             that
             buildeth
             Castles
             within
             the
             Land
             ,
             is
             supposed
             to
             fear
             the
             Neighbourhood
             .
             This
             was
             more
             especially
             regarded
             in
             the
             days
             of
             Philip
             and
             Mary
             :
             for
             when
             that
             Marriage
             was
             to
             be
             solemnized
             ,
             it
             was
             one
             of
             the
             Articles
             ,
             to
             provide
             for
             the
             safety
             of
             such
             Forts
             and
             Castles
             ,
             as
             then
             were
             maintained
             ;
             to
             the
             end
             they
             might
             be
             preserved
             free
             from
             Usurpation
             ,
             for
             the
             Use
             ,
             Profit
             ,
             Strength
             ,
             and
             Defence
             of
             the
             Realm
             ,
             onely
             by
             the
             natural
             born
             of
             the
             same
             .
             
             And
             afterwards
             when
             occasion
             was
             offered
             for
             the
             building
             of
             more
             of
             that
             nature
             ,
             a
             new
             power
             is
             given
             to
             King
             Philip
             and
             Queen
             Mary
             ,
             
             to
             re-edifie
             or
             make
             Forts
             and
             Castles
             ,
             which
             must
             be
             executed
             by
             Commission
             to
             the
             Lieges
             for
             ten
             years
             ;
             and
             onely
             within
             the
             Counties
             bordering
             upon
             Scotland
             ,
             and
             these
             particularly
             named
             in
             the
             Statute
             .
             So
             as
             the
             Crown
             had
             not
             power
             to
             build
             in
             all
             cases
             ,
             nor
             to
             any
             end
             they
             pleased
             .
             Nor
             to
             place
             therein
             ,
             or
             betrust
             the
             same
             to
             whom
             it
             would
             .
             Nor
             yet
             had
             Edward
             the
             Sixth
             that
             absolute
             power
             ,
             although
             not
             engaged
             in
             Foreign
             Interests
             ;
             
             as
             his
             Sister
             Mary
             was
             :
             and
             therefore
             whereas
             Castellanes
             had
             been
             made
             for
             life
             by
             Patent
             ,
             
             and
             so
             the
             absolute
             power
             of
             the
             Crown
             was
             barred
             in
             the
             free
             disposal
             of
             the
             same
             during
             such
             time
             ;
             the
             Parliament
             gave
             the
             King
             power
             to
             remove
             such
             as
             were
             not
             liked
             ,
             or
             thought
             not
             faithful
             to
             the
             Publick
             Interest
             ,
             although
             they
             gave
             no
             cause
             of
             seizure
             by
             any
             disloyal
             act
             .
             The
             like
             also
             may
             be
             observed
             of
             the
             Ships
             and
             Ordnance
             ;
             for
             they
             also
             do
             belong
             to
             the
             State
             ,
             as
             the
             Jewels
             of
             the
             Crown
             ;
             and
             therefore
             upon
             the
             Marriage
             of
             Queen
             Mary
             ,
             they
             also
             are
             by
             Articles
             preserved
             and
             saved
             ,
             for
             the
             use
             ,
             profit
             ,
             strength
             and
             defence
             of
             the
             Realm
             by
             the
             natural
             born
             of
             the
             same
             .
          
           
             Thirdly
             ,
             As
             touching
             the
             ordering
             of
             the
             Souldiery
             ,
             the
             matter
             is
             not
             much
             to
             be
             insisted
             upon
             ;
             for
             little
             doubt
             is
             to
             be
             made
             ,
             but
             that
             power
             that
             raiseth
             them
             ,
             also
             ordereth
             them
             to
             the
             same
             ends
             that
             they
             are
             raised
             .
             And
             therefore
             ,
             as
             the
             sole
             power
             of
             the
             Crown
             doth
             not
             the
             one
             ,
             so
             neither
             doth
             it
             the
             other
             ,
             but
             in
             cases
             formerly
             mentioned
             .
             And
             yet
             in
             no
             case
             ,
             though
             the
             War
             be
             never
             so
             absolutely
             defensive
             ,
             and
             the
             Souldiers
             raised
             by
             the
             Kings
             own
             and
             onely
             power
             ,
             had
             the
             King
             absolute
             Authority
             ,
             and
             Arbitrary
             power
             ,
             in
             the
             ordering
             of
             them
             when
             they
             are
             raised
             ;
             but
             he
             must
             so
             behave
             himself
             to
             them
             ,
             as
             to
             Freemen
             ,
             according
             to
             the
             Laws
             made
             by
             themselves
             in
             their
             Representative
             in
             Parliament
             .
             And
             therefore
             are
             particular
             Laws
             made
             to
             that
             end
             ,
             
             
               against
               undue
               levying
               and
               discharging
               of
               Souldiers
               ,
               and
               defaults
               in
               paying
               of
               them
               :
            
             as
             also
             
               against
               the
               Souldiers
               departing
               from
               their
               Service
               without
               License
               ,
               or
               wasting
               their
               Arms
               ,
               and
               such
               as
               wilfully
               absent
               themselves
               from
               Musters
            
             ;
             
             as
             also
             
               for
               the
               preserving
               the
               Castles
            
             ,
             
             
               Forts
               ,
               Ships
               and
               Munition
               for
               War
               ,
               from
               being
               witholden
               from
               their
               due
               use
               ,
               or
               from
               burning
               or
               destroying
               .
            
          
           
             Lastly
             ,
             As
             touching
             the
             charge
             of
             the
             War
             ,
             and
             pay
             of
             the
             Souldiers
             .
             It
             is
             evident
             ,
             that
             in
             all
             offensive
             Wars
             the
             Souldiers
             were
             paid
             by
             the
             Crown
             ,
             although
             they
             might
             be
             said
             in
             some
             manner
             to
             be
             in
             order
             to
             the
             defence
             and
             safety
             of
             the
             Nation
             ;
             nevertheless
             ,
             where
             the
             same
             was
             so
             apparent
             to
             the
             people
             ,
             it
             was
             the
             common
             course
             in
             these
             times
             to
             have
             often
             Parliaments
             ,
             and
             often
             Subsidies
             ,
             which
             were
             no
             less
             in
             a
             good
             measure
             satisfactory
             to
             the
             Crown
             for
             the
             Charges
             of
             the
             War
             ,
             than
             Testimonies
             of
             the
             Peoples
             good
             acceptance
             of
             the
             government
             of
             Affairs
             ,
             and
             so
             accepted
             at
             their
             hands
             .
             The
             particular
             Records
             will
             warrant
             all
             this
             .
             For
             of
             all
             the
             Wars
             in
             these
             times
             ,
             (
             that
             of
             88
             excepted
             )
             not
             any
             of
             them
             were
             ever
             managed
             at
             the
             peoples
             charge
             by
             Contribution
             ,
             but
             by
             Retribution
             .
             So
             were
             these
             times
             ,
             wherein
             the
             people
             ,
             looking
             upon
             the
             Crown
             as
             under
             a
             kind
             of
             infirmity
             of
             Childhood
             or
             Womanhood
             ,
             did
             therefore
             bear
             a
             kind
             of
             compassionate
             regard
             thereunto
             ,
             without
             jealousie
             at
             Prerogative
             ;
             and
             could
             condescend
             and
             allow
             the
             Crown
             its
             full
             Grains
             ,
             and
             somewhat
             more
             ;
             yea
             ,
             more
             than
             was
             meet
             for
             some
             other
             Prince
             to
             desire
             ,
             or
             the
             People
             to
             give
             up
             .
             And
             yet
             more
             happy
             were
             they
             ,
             wherein
             the
             Crown
             knew
             no
             interest
             but
             in
             dependance
             upon
             the
             peoples
             good
             ;
             and
             so
             understanding
             ,
             were
             rightly
             understood
             .
          
        
         
           
           
             CHAP.
             XXXIX
             .
             Of
             the
             Peace
             .
          
           
             IT
             is
             but
             little
             that
             can
             be
             said
             of
             Peace
             in
             these
             times
             ,
             wherein
             so
             little
             freedom
             was
             found
             from
             Foreign
             pretensions
             ,
             and
             Intestine
             irregularities
             ,
             or
             both
             ;
             and
             yet
             the
             people
             were
             never
             more
             resolved
             against
             the
             former
             ,
             nor
             secure
             against
             the
             latter
             ,
             and
             had
             God
             to
             Friend
             in
             all
             .
             But
             most
             apparently
             was
             this
             observable
             in
             the
             times
             of
             Queen
             Elizabeth
             ,
             whose
             Government
             took
             up
             four
             parts
             of
             five
             of
             these
             times
             whereof
             we
             now
             treat
             .
             She
             was
             a
             compleat
             Conquerour
             of
             War
             and
             Treason
             ,
             and
             therein
             the
             true
             Inheritor
             of
             the
             Fate
             of
             her
             Grandfather
             Henry
             the
             Seventh
             ,
             with
             advantage
             ;
             for
             she
             out-faced
             all
             dangers
             by
             her
             onely
             presence
             ,
             having
             thereof
             had
             more
             experience
             than
             any
             Princes
             that
             ever
             possessed
             her
             Throne
             :
             yet
             she
             was
             wise
             enough
             to
             beware
             against
             the
             future
             ;
             considering
             her
             condition
             to
             be
             the
             last
             of
             her
             Line
             ;
             that
             the
             next
             behind
             her
             was
             rather
             likely
             to
             trip
             up
             her
             heels
             than
             support
             her
             Train
             ;
             that
             the
             Pope
             narrowly
             watched
             every
             opportunity
             ;
             the
             distance
             between
             him
             and
             the
             Throne
             being
             no
             greater
             than
             the
             breadth
             of
             her
             onely
             person
             .
             It
             may
             well
             therefore
             admit
             of
             excuse
             ,
             if
             the
             Statute
             of
             the
             25
             of
             Edward
             the
             Third
             concerning
             Treasons
             did
             not
             give
             satisfaction
             ;
             although
             therein
             if
             she
             were
             sollicitous
             ,
             her
             Subjects
             were
             more
             .
             Some
             kinds
             of
             offences
             were
             made
             Treason
             by
             Statute-laws
             ,
             which
             formerly
             appeared
             not
             such
             ,
             because
             they
             appeared
             not
             at
             all
             ;
             and
             yet
             in
             the
             opinion
             of
             her
             people
             ,
             the
             Queen
             was
             too
             slack
             in
             the
             making
             ,
             and
             more
             slack
             in
             the
             execution
             of
             them
             .
             The
             people
             had
             engaged
             themselves
             deeply
             against
             the
             Queen
             of
             Scots
             ,
             and
             it
             was
             not
             safe
             for
             them
             to
             go
             back
             ;
             they
             go
             yet
             deeper
             ,
             and
             without
             any
             positive
             Authority
             ,
             leading
             the
             way
             ,
             they
             enter
             into
             an
             Association
             amongst
             themselves
             for
             the
             Queens
             safety
             ;
             and
             it
             was
             well
             liked
             by
             the
             Queen
             ,
             because
             she
             knew
             it
             was
             well
             meant
             ,
             although
             by
             some
             it
             was
             mistaken
             .
             Nevertheless
             ,
             to
             take
             away
             all
             exception
             ,
             a
             Law
             is
             made
             in
             pursuance
             thereof
             ,
             
             and
             so
             the
             work
             is
             reduced
             under
             an
             ordinary
             rate
             ,
             
               though
               the
               publick
               danger
               was
               such
               ,
               as
               might
               well
               have
               digested
               an
               extraordinary
               undertaking
               .
            
          
           
             I
             intend
             not
             to
             enter
             into
             the
             particulars
             of
             these
             Treasons
             of
             the
             new
             stamp
             ,
             because
             they
             are
             but
             temporarie
             ,
             and
             in
             their
             ultimate
             reach
             tend
             onely
             to
             the
             safeguard
             of
             the
             Queens
             person
             ,
             in
             order
             to
             the
             intentionary
             sence
             of
             the
             Statute
             of
             25
             Edw.
             3.
             although
             not
             within
             the
             explicite
             words
             of
             that
             Law.
             Onely
             this
             is
             observable
             ,
             that
             though
             the
             times
             were
             full
             of
             malice
             ,
             yet
             was
             not
             all
             malice
             looked
             upon
             as
             fatal
             ,
             nor
             every
             expression
             thereof
             Treason
             ,
             or
             privity
             thereto
             ,
             although
             the
             Crown
             it self
             was
             not
             a
             little
             concerned
             therein
             ;
             but
             reduced
             to
             an
             inferiour
             degree
             ,
             called
             Misprision
             ;
             as
             if
             they
             were
             willing
             rather
             to
             construe
             undertakings
             for
             mistakings
             ,
             and
             thereby
             over-look
             much
             of
             the
             Malignity
             of
             these
             Times
             ,
             than
             to
             make
             strict
             inquisition
             into
             every
             Punctilio
             of
             offence
             .
          
           
             As
             touching
             Felony
             ,
             the
             rules
             were
             various
             ;
             
             some
             were
             of
             a
             new
             Original
             ,
             as
             that
             of
             Gypsies
             ;
             others
             formerly
             such
             ,
             afterwards
             laid
             aside
             ,
             are
             now
             revived
             with
             advantage
             ,
             as
             Conjuration
             ,
             and
             Buggery
             :
             
             But
             imbezzelling
             by
             Servants
             of
             their
             Masters
             Goods
             ,
             made
             Felony
             for
             a
             time
             by
             Edward
             the
             Sixth
             ,
             is
             by
             Queen
             Elizabeth
             made
             perpetual
             .
             Some
             
             Felonies
             are
             made
             such
             within
             a
             certain
             precinct
             ,
             
             as
             Man-stealers
             ,
             and
             other
             Crimes
             upon
             the
             Scotish
             Borders
             .
             
             Others
             formerly
             made
             Felony
             ,
             are
             now
             unmade
             ;
             as
             that
             concerning
             Prophecies
             :
             and
             divers
             formerly
             protected
             under
             the
             refuge
             of
             Clergie
             ,
             
             are
             now
             barred
             of
             that
             reserve
             ;
             such
             as
             are
             those
             that
             command
             ,
             counsel
             ,
             or
             hire
             others
             to
             commit
             
               petty
               Treason
               ,
               Murder
            
             ,
             or
             
               Robbery
               ,
               4
               &
               5
               Phil.
               &
               Mar.
               cap.
               4.
               
               Stealers
               of
               Horses
               ,
               Geldings
               ,
            
             or
             
               Mares
               ,
               2
               E.
               6.
               cap.
               33.
               
               Robbers
               of
               Houses
               ,
               Booth
               or
               Tent
               ,
               by
               Day
               or
               Night
               ,
               5
               E.
               cap.
               9.
               
               Pick
               pockets
               ,
               or
               Cut
               purses
               ,
               8
               Eliz.
               cap.
               4.
               
               And
               Woman
               stealers
               ,
               39
               Eliz.
               cap
            
             9.
             
             And
             some
             Crimes
             made
             Felony
             impeachable
             onely
             within
             a
             certain
             time
             ,
             and
             not
             upon
             a
             cool
             suit
             .
             So
             as
             upon
             the
             whole
             heap
             of
             Account
             ,
             the
             zeal
             of
             the
             times
             will
             appear
             to
             be
             more
             hot
             ,
             by
             how
             much
             iniquity
             appeared
             more
             hainous
             ;
             and
             that
             wicked
             men
             waxed
             worse
             ,
             as
             the
             times
             waxed
             better
             .
             More
             particulars
             of
             this
             nature
             ,
             and
             of
             other
             Offences
             of
             inferiour
             note
             ,
             might
             be
             superadded
             ;
             as
             also
             of
             Laws
             ,
             of
             alteration
             and
             amendment
             of
             Process
             and
             Trial
             ,
             and
             of
             
               Common
               Assurance
            
             and
             Conveyance
             of
             Estates
             ,
             of
             particular
             Revenue
             .
             All
             which
             might
             be
             insisted
             upon
             ,
             if
             need
             were
             ,
             to
             clear
             out
             yet
             further
             the
             conclusion
             of
             the
             whole
             matter
             ;
             which
             I
             hasten
             to
             accomplish
             ,
             led
             on
             by
             a
             natural
             motion
             ,
             that
             grows
             in
             speed
             ,
             the
             nigher
             it
             comes
             to
             its
             end
             .
          
        
         
           
             CHAP.
             XL.
             A
             Summary
             Conclusion
             upon
             the
             whole
             matter
             .
          
           
             IN
             the
             stating
             of
             this
             whole
             account
             ,
             I
             shall
             first
             glance
             upon
             the
             natural
             Constitution
             of
             the
             people
             of
             England
             ,
             and
             then
             gather
             up
             the
             scattered
             Notions
             into
             one
             form
             ;
             because
             the
             one
             doth
             not
             a
             little
             illustrate
             the
             other
             ,
             and
             shew
             the
             same
             to
             be
             radical
             ,
             and
             not
             by
             any
             forced
             inoculation
             .
          
           
             The
             people
             are
             of
             a
             middle
             temper
             ,
             according
             to
             their
             Climate
             :
             the
             Northern
             Melancholy
             ,
             and
             the
             Southern
             Choler
             ,
             meeting
             in
             their
             general
             Constitution
             ,
             doth
             render
             them
             ingenious
             and
             active
             :
             which
             nourished
             also
             under
             the
             wings
             of
             Liberty
             ,
             inspires
             a
             Courage
             generous
             ,
             and
             not
             soon
             out
             of
             breath
             .
             Active
             they
             are
             ,
             and
             so
             nigh
             to
             pure
             act
             ,
             that
             nothing
             hurts
             them
             more
             than
             much
             quiet
             ;
             of
             which
             they
             had
             little
             experience
             from
             their
             first
             transmigration
             till
             the
             time
             of
             King
             James
             ;
             but
             ever
             were
             at
             work
             either
             in
             building
             (
             as
             before
             the
             Norman
             times
             )
             or
             after
             in
             repairing
             their
             ruines
             occasioned
             by
             tempestuous
             pretensions
             from
             Rome
             and
             Foreign
             Princes
             ,
             or
             by
             Earthquakes
             of
             Civil
             Contention
             about
             the
             Title
             between
             the
             two
             Houses
             of
             York
             and
             Lancaster
             ,
             or
             intrenchments
             of
             the
             Crown
             upon
             the
             Liberty
             of
             the
             people
             .
             But
             King
             James
             conquering
             all
             enmity
             ,
             spake
             Peace
             abroad
             ,
             and
             sang
             Lullaby
             at
             home
             .
             Yet
             like
             a
             dead
             calm
             in
             a
             hot
             Spring
             ,
             treasured
             up
             in
             store
             sad
             distempers
             against
             a
             back-Winter
             .
             Their
             ingenuity
             will
             not
             allow
             them
             to
             be
             excellent
             at
             the
             Cheat
             ;
             but
             are
             rather
             subject
             in
             that
             kind
             to
             take
             than
             give
             :
             and
             supposing
             others
             as
             open-hearted
             as
             themselves
             ,
             are
             many
             times
             in
             Treaties
             over-matched
             by
             them
             whom
             they
             over-match
             in
             Arms.
             Upon
             the
             same
             account
             they
             are
             neither
             imperious
             over
             those
             beneath
             ,
             nor
             stubborn
             against
             them
             above
             ;
             but
             can
             well
             discern
             both
             person
             and
             time
             .
             Man
             ,
             Woman
             ,
             or
             Child
             ,
             all
             is
             one
             with
             them
             ,
             they
             will
             honour
             Majesty
             where
             ever
             they
             see
             it
             .
             
             And
             of
             the
             twain
             ,
             tender
             it
             more
             when
             they
             see
             it
             set
             upon
             infirmity
             :
             as
             if
             they
             knew
             how
             to
             command
             themselves
             onely
             in
             order
             to
             the
             publick
             good
             .
          
           
             Nevertheless
             ,
             they
             love
             much
             to
             be
             free
             .
             When
             they
             were
             under
             awe
             of
             the
             Popes
             Curse
             ,
             they
             bore
             off
             designs
             by
             the
             head
             and
             shoulders
             ;
             but
             afterwards
             ,
             by
             watchfulness
             and
             foresight
             :
             and
             having
             attained
             a
             light
             in
             Religion
             ,
             that
             will
             own
             their
             Liberties
             ,
             of
             them
             both
             they
             make
             up
             one
             Garland
             not
             to
             be
             touched
             by
             any
             rude
             hand
             ;
             but
             as
             if
             it
             were
             the
             bird
             of
             the
             eye
             ,
             the
             whole
             body
             startles
             forthwith
             ;
             the
             Alarm
             is
             soon
             given
             and
             taken
             ;
             and
             whether
             high
             or
             low
             ,
             none
             are
             spared
             that
             stand
             in
             their
             way
             .
             This
             they
             do
             owe
             to
             the
             Eastern
             people
             ,
             from
             whom
             they
             fetch
             their
             Pedegree
             .
             So
             as
             the
             onely
             way
             to
             conquer
             them
             ,
             is
             to
             let
             them
             have
             their
             Liberties
             ;
             for
             like
             some
             Horses
             ,
             they
             are
             good
             for
             carriage
             ,
             so
             long
             as
             their
             Burthens
             are
             easie
             ,
             and
             sit
             loose
             upon
             them
             ;
             but
             if
             too
             close
             girt
             ,
             they
             will
             break
             all
             ,
             or
             cast
             their
             load
             ,
             or
             die
             .
             And
             therefore
             Queen
             Elizabeth
             gained
             much
             to
             the
             Crown
             by
             fair
             carriage
             ,
             good
             words
             ,
             and
             cleanly
             conveyance
             ;
             which
             was
             not
             soon
             discovered
             ,
             nor
             easily
             parted
             with
             :
             But
             Henry
             the
             Eighth
             by
             height
             of
             spirit
             and
             great
             noise
             ;
             and
             therefore
             was
             no
             sooner
             off
             the
             Stage
             ,
             but
             what
             was
             gotten
             by
             the
             snatch
             was
             lost
             by
             the
             catch
             ,
             and
             things
             soon
             returned
             into
             their
             ancient
             posture
             again
             .
          
           
             The
             first
             Government
             of
             the
             people
             before
             their
             departure
             out
             of
             Germany
             ,
             was
             in
             the
             two
             States
             of
             Lords
             and
             Commons
             .
             The
             Clergie
             came
             not
             into
             pomp
             and
             power
             till
             
             Austin's
             time
             ,
             and
             soon
             came
             to
             the
             height
             of
             a
             
               third
               State
            
             appendent
             to
             the
             former
             ,
             and
             so
             continued
             till
             Henry
             the
             Eighth's
             time
             :
             Then
             they
             began
             to
             decay
             in
             power
             ,
             and
             in
             Queen
             Elizabeths
             time
             utterly
             lost
             the
             same
             ;
             and
             so
             they
             can
             no
             longer
             be
             called
             a
             State
             ,
             although
             they
             still
             keep
             state
             .
          
           
             The
             two
             States
             of
             Lords
             and
             Commons
             in
             their
             Transmigration
             ,
             being
             then
             in
             the
             nature
             of
             an
             Army
             of
             Souldiers
             ,
             had
             a
             General
             by
             their
             Election
             ;
             under
             whom
             ,
             after
             they
             had
             obtained
             a
             peaceable
             setling
             ,
             they
             named
             him
             anew
             by
             the
             name
             of
             Konning
             ,
             or
             the
             Wise
             man
             ;
             for
             then
             was
             Wisdom
             more
             necessary
             than
             Valour
             .
             But
             after
             the
             Clergie
             had
             won
             the
             day
             ,
             and
             this
             Konning
             had
             submitted
             himself
             and
             his
             people
             to
             their
             Ghostly
             Father
             ,
             they
             baptized
             him
             by
             a
             new
             name
             of
             Rex
             ;
             and
             so
             he
             is
             stiled
             in
             all
             written
             Monuments
             which
             we
             owe
             onely
             to
             Ecclesiasticks
             ;
             although
             the
             vulgar
             held
             their
             appellation
             still
             ,
             which
             by
             contraction
             ,
             or
             rather
             corruption
             ,
             did
             at
             length
             arrive
             into
             the
             word
             King
             ;
             a
             notion
             which
             as
             often
             changeth
             the
             sence
             as
             the
             Air
             ;
             some
             making
             the
             person
             all
             in
             all
             ,
             others
             some
             in
             all
             ,
             and
             some
             nothing
             at
             all
             but
             a
             complement
             of
             State.
             The
             Clergie
             gave
             him
             his
             Title
             in
             the
             first
             sence
             ,
             and
             are
             willing
             he
             should
             have
             a
             power
             over
             the
             Estates
             in
             order
             to
             their
             design
             ,
             which
             then
             was
             to
             rule
             the
             King
             ,
             and
             by
             him
             all
             his
             People
             ;
             he
             doing
             what
             he
             listeth
             with
             them
             ,
             and
             the
             Clergie
             the
             like
             with
             him
             .
             The
             Saxons
             take
             the
             word
             in
             the
             second
             sence
             ;
             for
             though
             they
             had
             put
             upon
             the
             Commonwealth
             one
             Head
             ,
             and
             on
             that
             one
             Head
             one
             Crown
             ,
             yet
             unto
             that
             Head
             did
             belong
             many
             Eyes
             ,
             and
             many
             Brains
             ;
             and
             nothing
             being
             done
             but
             by
             the
             
               common
               sense
            
             ,
             a
             power
             is
             left
             to
             him
             much
             like
             to
             that
             of
             the
             outward
             Members
             ,
             Executory
             .
          
           
             In
             time
             of
             War
             ,
             how
             unruly
             soever
             the
             humours
             be
             ,
             yet
             must
             the
             Law
             be
             his
             rule
             :
             He
             cannot
             engage
             the
             people
             either
             to
             make
             ,
             continue
             ,
             or
             determine
             any
             
               offensive
               War
            
             without
             their
             consent
             ;
             nor
             compel
             them
             to
             arm
             themselves
             ,
             nor
             command
             them
             out
             of
             their
             Counties
             for
             War
             ,
             
             or
             impose
             Military
             charge
             upon
             them
             against
             their
             free
             consent
             ,
             or
             contrary
             to
             the
             known
             Law.
             
          
           
             In
             calmer
             times
             much
             rather
             ,
             he
             can
             neither
             make
             new
             Laws
             ,
             nor
             alter
             the
             old
             ;
             form
             new
             Judicatories
             ,
             Writs
             ,
             Process
             ,
             Judgements
             ,
             or
             new
             Executions
             ,
             nor
             inable
             or
             disable
             any
             Conveyances
             of
             Estates
             .
             He
             may
             seem
             possessed
             of
             more
             power
             in
             Church-government
             ,
             yet
             ,
             
               De
               jure
            
             ,
             can
             neither
             make
             nor
             alter
             Doctrine
             ,
             or
             Worship
             ,
             or
             Government
             in
             the
             Church
             :
             nor
             grant
             Dispensations
             ,
             or
             Licenses
             Ecclesiastical
             ;
             nor
             Commissions
             of
             Jurisdiction
             ,
             other
             than
             according
             to
             the
             Law.
             And
             as
             a
             close
             to
             all
             ,
             by
             one
             Oath
             taken
             at
             the
             Coronation
             ,
             he
             not
             onely
             giveth
             to
             the
             people
             security
             of
             the
             Peace
             and
             good
             Behaviour
             ,
             but
             beareth
             witness
             that
             he
             oweth
             Allegiance
             both
             to
             the
             Law
             and
             the
             People
             ;
             different
             from
             that
             of
             the
             peoples
             in
             this
             ,
             That
             the
             King's
             Allegiance
             is
             due
             to
             the
             Law
             that
             is
             originally
             from
             the
             peoples
             Election
             ;
             but
             the
             Peoples
             to
             the
             King
             ,
             under
             a
             Law
             of
             their
             own
             framing
             .
          
           
             This
             leadeth
             on
             the
             consideration
             of
             a
             higher
             degree
             of
             power
             than
             that
             of
             Kings
             .
             For
             though
             Law
             ,
             as
             touching
             morality
             in
             the
             general
             ,
             be
             of
             heavenly
             Birth
             ;
             yet
             the
             positive
             Laws
             arising
             from
             common
             Prudence
             concerning
             the
             Honour
             ,
             Peace
             ,
             and
             Profit
             of
             every
             Nation
             ,
             are
             formed
             by
             humane
             constitution
             ,
             and
             are
             therefore
             called
             Honesta
             ,
             or
             justa
             ,
             because
             by
             common
             vote
             they
             are
             so
             esteemed
             ,
             and
             not
             because
             any
             one
             man
             supposeth
             them
             to
             be
             such
             .
             The
             words
             of
             the
             Summons
             to
             the
             Parliament
             doth
             hold
             for
             this
             ,
             
               Quae
               de
               communi
               consilio
               ordinari
               contigerint
            
             ;
             and
             the
             words
             in
             the
             Coronation-oath
             ,
             
               Quas
               vulgus
               elegerit
            
             ,
             do
             speak
             no
             less
             ;
             whether
             they
             be
             taken
             in
             the
             ●●eter
             perfect-tense
             ,
             or
             the
             Future-tense
             ,
             the
             conclusion
             will
             be
             the
             same
             .
             True
             it
             is
             ,
             that
             in
             all
             ,
             Kings
             are
             supposed
             as
             present
             ;
             yet
             is
             not
             that
             valuable
             in
             the
             point
             of
             Council
             ,
             which
             is
             the
             foundation
             of
             the
             positive
             Law.
             For
             as
             the
             best
             things
             under
             heaven
             are
             subject
             to
             infirmity
             ;
             so
             Kings
             either
             short
             or
             beyond
             in
             Age
             or
             Wit
             ,
             or
             possibly
             given
             over
             to
             their
             lusts
             ,
             or
             sick
             ,
             or
             absent
             ,
             (
             in
             all
             which
             the
             name
             of
             a
             King
             adds
             little
             more
             to
             the
             Law
             than
             a
             sound
             )
             yet
             all
             the
             while
             the
             Government
             is
             maintained
             with
             as
             much
             honour
             and
             power
             ,
             as
             under
             the
             most
             wise
             and
             well-disposed
             King
             that
             ever
             blessed
             Throne
             .
          
           
             This
             is
             done
             in
             the
             
               Convention
               of
               States
            
             ,
             which
             in
             the
             first
             times
             consisted
             of
             Individuals
             ,
             rather
             than
             Specificals
             .
             The
             great
             men
             doubtless
             did
             many
             things
             even
             before
             they
             saw
             the
             English
             shore
             ;
             that
             Tacitus
             noteth
             :
             yet
             in
             the
             
               publick
               Convention
            
             of
             all
             ,
             did
             nothing
             alone
             ,
             till
             of
             one
             House
             they
             became
             two
             .
             The
             particular
             time
             of
             the
             separation
             is
             uncertain
             ,
             and
             the
             occasion
             more
             :
             It
             may
             be
             the
             
               great
               Lords
            
             thought
             the
             mysteries
             of
             State
             too
             sacred
             to
             be
             debated
             before
             the
             vulgar
             ,
             lest
             they
             should
             grow
             into
             curiosity
             :
             Possibly
             also
             might
             the
             Commons
             in
             their
             debates
             wish
             the
             
               great
               men
            
             absent
             ,
             that
             themselves
             might
             more
             freely
             vote
             without
             angering
             their
             great
             Lords
             .
             Nevertheless
             the
             
               Royal
               assent
            
             is
             ever
             given
             in
             the
             joynt
             Convention
             of
             all
             .
             But
             how
             a
             double
             Negative
             should
             rest
             in
             the
             house
             of
             Lords
             ,
             one
             originally
             in
             themselves
             ,
             the
             other
             in
             the
             sole
             person
             of
             the
             King
             ,
             (
             whenas
             in
             no
             case
             is
             any
             Negative
             found
             upon
             Record
             ,
             but
             a
             modest
             waring
             the
             answer
             of
             such
             things
             as
             the
             King
             likes
             not
             )
             is
             to
             me
             a
             mystery
             ,
             if
             it
             be
             not
             cleared
             by
             Usurpation
             .
             For
             it
             is
             beyond
             reach
             ,
             why
             that
             which
             is
             once
             by
             the
             Representative
             of
             the
             People
             determined
             to
             be
             Honestum
             ,
             should
             be
             dis-determined
             by
             one
             or
             a
             few
             ,
             whose
             Counsels
             are
             for
             the
             most
             part
             but
             Notionary
             ,
             and
             grounded
             upon
             private
             inconveniencies
             ,
             and
             not
             upon
             experimentals
             of
             most
             publick
             concernment
             ;
             or
             that
             the
             veult
             ,
             or
             
               Soit
               fait
            
             ,
             which
             formerly
             held
             the
             
             room
             onely
             of
             a
             Manifesto
             of
             the
             
               Regal
               Will
            
             to
             execute
             the
             Law
             then
             made
             (
             as
             his
             Coronation-Oath
             to
             execute
             all
             Laws
             formerly
             established
             )
             should
             be
             taken
             to
             be
             a
             determination
             of
             the
             justness
             or
             honesty
             of
             the
             thing
             :
             When
             as
             this
             
               Royal
               Assent
            
             is
             many
             times
             given
             by
             a
             King
             that
             knows
             no
             difference
             between
             good
             and
             evil
             ,
             and
             is
             never
             competent
             judge
             in
             matters
             that
             in
             his
             opinion
             do
             fall
             into
             contradiction
             between
             his
             own
             private
             interest
             ,
             and
             the
             benefit
             of
             the
             people
             .
          
           
             However
             unequal
             it
             may
             seem
             ,
             yet
             both
             that
             and
             other
             advantages
             were
             gained
             by
             the
             
               House
               of
               Lords
            
             ,
             after
             the
             separation
             was
             once
             made
             ,
             as
             many
             of
             the
             ancient
             Statutes
             (
             by
             them
             onely
             made
             )
             do
             sufficiently
             hold
             forth
             :
             which
             although
             in
             the
             general
             they
             do
             concern
             matters
             of
             Judicature
             ,
             wherein
             the
             Lords
             originally
             had
             the
             greatest
             share
             ;
             yet
             other
             things
             also
             escaped
             the
             
               Common
               Vote
            
             ,
             which
             in
             after-ages
             they
             recovered
             into
             their
             consideration
             again
             .
             And
             the
             condition
             of
             the
             people
             in
             those
             times
             did
             principally
             conduce
             hereunto
             :
             For
             until
             the
             Norman
             times
             were
             somewhat
             setled
             ,
             the
             former
             Ages
             had
             ever
             been
             uncertain
             in
             the
             changes
             between
             War
             and
             Peace
             ,
             which
             maintained
             the
             distance
             between
             the
             Lords
             and
             their
             Tenants
             ,
             and
             the
             authority
             of
             the
             one
             over
             the
             other
             ,
             savouring
             of
             the
             more
             absolute
             command
             in
             Law.
             And
             after
             that
             the
             Sword
             was
             turned
             into
             the
             Plough-share
             ,
             the
             distance
             is
             established
             by
             compact
             of
             Tenure
             by
             Service
             ,
             under
             peril
             of
             default
             ,
             although
             in
             a
             different
             degree
             ;
             for
             the
             
               Service
               of
               a
               Knight
            
             ,
             as
             more
             eminent
             in
             War
             ,
             so
             in
             Peace
             it
             raised
             the
             mind
             to
             regard
             of
             publick
             Peace
             :
             but
             
               the
               service
               of
               the
               Plough
            
             supporting
             all
             ,
             is
             underneath
             all
             ,
             yet
             still
             under
             the
             common
             condition
             of
             Free-men
             equally
             as
             the
             
               Knight
               .
               Peace
            
             now
             had
             scarcely
             exceeded
             its
             minority
             ,
             before
             it
             brought
             forth
             the
             unhappy
             birth
             of
             Ambition
             :
             Kings
             would
             be
             more
             absolute
             ,
             and
             Lords
             more
             Lordly
             ;
             the
             Commons
             left
             far
             behind
             ,
             seldom
             come
             into
             mention
             amongst
             the
             publick
             Acts
             of
             State
             ,
             and
             as
             useless
             set
             aside
             .
             This
             was
             the
             lowest
             ebb
             that
             ever
             the
             Commonage
             of
             England
             indured
             ,
             which
             continued
             till
             Ambition
             brought
             on
             Contention
             amongst
             the
             
               great
               men
            
             ,
             and
             thence
             the
             
               Barons
               Wars
            
             ,
             wherein
             the
             Commons
             parting
             asunder
             ;
             some
             holding
             for
             the
             King
             ,
             who
             promised
             them
             Liberty
             from
             their
             Lords
             ;
             others
             siding
             with
             the
             Lords
             ,
             who
             promised
             them
             Liberty
             from
             the
             King
             ;
             they
             became
             so
             minded
             of
             their
             Liberties
             ,
             that
             in
             the
             conclusion
             they
             come
             off
             upon
             better
             advantage
             for
             their
             Liberties
             than
             either
             King
             or
             Lords
             ,
             who
             all
             were
             losers
             before
             their
             reckoning
             was
             fully
             made
             .
          
           
             These
             Wars
             had
             by
             experience
             made
             the
             King
             sensible
             of
             the
             smart
             of
             the
             Lords
             great
             interest
             with
             the
             people
             ,
             and
             pointed
             him
             to
             the
             pin
             upon
             which
             the
             same
             did
             hang
             ;
             to
             take
             which
             away
             ,
             a
             design
             is
             contrived
             to
             advance
             the
             value
             of
             the
             Commoners
             ,
             and
             to
             level
             the
             Peerage
             ,
             that
             they
             both
             may
             draw
             in
             one
             equal
             yoke
             the
             Chariot
             of
             Prerogative
             .
             The
             power
             of
             the
             Commons
             in
             publick
             Councils
             was
             of
             some
             efficacy
             ,
             but
             not
             much
             honour
             ,
             for
             their
             meetings
             were
             tumultuary
             ;
             time
             brought
             forth
             a
             cure
             hereof
             ,
             the
             flowers
             of
             the
             people
             are
             by
             election
             sent
             to
             be
             the
             Representative
             ,
             and
             so
             the
             Lords
             are
             match'd
             ,
             if
             not
             over-match'd
             ;
             the
             people
             less
             admiring
             the
             Lords
             ,
             and
             more
             regarding
             themselves
             .
             This
             was
             but
             a
             dazle
             ,
             an
             Eclipse
             ensues
             ;
             for
             Kings
             having
             duly
             eyed
             the
             nature
             of
             Tenure
             between
             the
             Lords
             and
             Commons
             ,
             look
             upon
             it
             as
             an
             Out-work
             or
             Block-house
             in
             their
             way
             of
             approach
             :
             Their
             next
             endeavour
             is
             therefore
             to
             gain
             the
             Knighthood
             of
             England
             within
             the
             compass
             of
             their
             own
             Fee
             ,
             and
             so
             by
             priority
             to
             have
             their
             Service
             ,
             as
             often
             as
             need
             should
             require
             ,
             by
             a
             trick
             in
             Law
             ,
             as
             well
             for
             their
             own
             safety
             in
             time
             of
             
             War
             ,
             as
             for
             their
             benefit
             in
             time
             of
             Peace
             .
             This
             was
             a
             work
             of
             a
             continuing
             nature
             ,
             and
             commended
             to
             Successors
             to
             accomplish
             by
             degrees
             ,
             that
             the
             whole
             Knighthood
             of
             England
             is
             become
             no
             more
             the
             Lords
             till
             the
             Kings
             be
             first
             served
             .
             And
             thus
             the
             power
             of
             the
             People
             is
             wholly
             devolved
             into
             the
             King's
             Command
             ;
             and
             the
             Lords
             must
             now
             stand
             alone
             ,
             having
             no
             other
             foundation
             than
             the
             affections
             of
             the
             People
             gained
             by
             beneficence
             of
             Neighbourhood
             and
             ordinary
             Society
             ,
             which
             commonly
             ingratiates
             the
             inferiour
             rank
             of
             men
             to
             those
             of
             higher
             degree
             ,
             especially
             such
             of
             them
             as
             affect
             to
             be
             popular
             .
             Henry
             the
             Seventh
             found
             out
             this
             Sore
             ,
             and
             taught
             his
             Successors
             the
             way
             to
             avoid
             that
             occasion
             of
             Jealousie
             ,
             by
             calling
             up
             such
             considerable
             men
             to
             attend
             the
             Court
             ,
             without
             other
             Wages
             but
             fruitless
             hopes
             ;
             or
             under
             colour
             of
             honour
             to
             be
             had
             by
             Kings
             from
             the
             presence
             of
             such
             great
             men
             in
             their
             great
             Trains
             ;
             or
             of
             other
             service
             of
             special
             note
             to
             be
             done
             onely
             by
             men
             of
             so
             high
             accomplishment
             .
             And
             by
             this
             means
             Lordship
             ,
             once
             bringing
             therewith
             both
             Authority
             and
             Power
             unto
             Kings
             ,
             before
             Kings
             grew
             jealous
             of
             their
             greatness
             ,
             in
             these
             latter
             days
             is
             become
             a
             meer
             Jelly
             ;
             and
             neither
             able
             to
             serve
             the
             interest
             of
             Kings
             (
             if
             the
             people
             should
             bestir
             themselves
             )
             nor
             their
             own
             any
             longer
             .
             Henceforth
             the
             Commons
             of
             England
             are
             no
             mean
             persons
             ,
             and
             their
             Representative
             of
             such
             concernment
             ,
             as
             if
             Kings
             will
             have
             them
             to
             observe
             him
             ,
             he
             must
             serve
             them
             with
             their
             Liberties
             and
             Laws
             :
             and
             every
             one
             the
             publick
             good
             of
             the
             people
             .
             No
             man's
             work
             is
             beneath
             ,
             no
             man
             's
             above
             it
             ;
             the
             best
             honour
             of
             the
             Kings
             work
             is
             to
             be
             
               Nobilis
               servitus
            
             ,
             
             (
             as
             Antigonus
             said
             to
             his
             Son
             )
             or
             in
             plain
             
               English
               ,
               Supream
               Service
            
             above
             all
             ,
             and
             to
             the
             whole
             .
             I
             now
             conclude
             ,
             
             wishing
             we
             may
             attain
             the
             happiness
             of
             our
             Forefathers
             the
             ancient
             
               Saxons
               ,
               Quilibet
               contentus
               sorte
               propria
               .
            
          
        
      
       
         
         
           A
           VINDICATION
           Of
           the
           ancient
           way
           of
           PARLIAMENTS
           In
           ENGLAND
           .
        
         
           
             THe
             more
             Words
             ,
             the
             more
             Faults
             ,
          
           is
           a
           divine
           Maxime
           ,
           that
           hath
           put
           a
           stop
           to
           the
           publishing
           of
           this
           Second
           Part
           for
           some
           time
           :
           but
           observing
           the
           ordinary
           humour
           still
           drawing
           off
           ,
           and
           passing
           a
           harsher
           Censure
           upon
           my
           intentions
           in
           my
           First
           Part
           than
           I
           expected
           ;
           I
           do
           proceed
           to
           fulfil
           my
           course
           ,
           that
           if
           Censure
           will
           be
           ,
           it
           may
           be
           upon
           better
           grounds
           ,
           when
           the
           whole
           matter
           is
           before
           .
           Herein
           I
           shall
           once
           more
           mind
           ,
           that
           I
           meddle
           not
           with
           the
           Theological
           Right
           of
           Kings
           ,
           or
           other
           Powers
           ,
           but
           with
           the
           Civil
           Right
           in
           Fact
           now
           in
           hand
           .
           And
           because
           some
           mens
           Pens
           of
           late
           have
           ranged
           into
           a
           denial
           of
           the
           Commons
           ancient
           Right
           in
           the
           Legislative
           power
           ;
           and
           others
           ,
           even
           to
           adnul
           the
           Right
           both
           of
           Lords
           and
           Commons
           therein
           ,
           resolving
           all
           such
           power
           into
           that
           one
           principle
           of
           a
           King
           ,
           
             Quicquid
             libet
             ,
             lìcet
          
           ,
           so
           making
           the
           breach
           much
           wider
           than
           at
           the
           beginning
           ;
           I
           shall
           intend
           my
           course
           against
           both
           .
           As
           touching
           the
           Commons
           Right
           ,
           joyntly
           with
           the
           Lords
           ,
           it
           will
           be
           the
           main
           end
           of
           the
           whole
           ;
           but
           as
           touching
           the
           Commons
           Right
           ,
           in
           competition
           with
           the
           Lords
           ,
           I
           will
           first
           endeavour
           to
           remove
           out
           of
           the
           way
           what
           I
           find
           pulished
           in
           a
           late
           Tractate
           concerning
           that
           matter
           ,
           and
           so
           proceed
           upon
           the
           whole
           .
        
         
           The
           subject
           of
           that
           Discourse
           consisteth
           of
           three
           parts
           ;
           one
           to
           prove
           that
           the
           ancient
           Parliaments
           ,
           before
           the
           thirteenth
           Century
           ,
           consisted
           onely
           of
           those
           whom
           we
           now
           call
           the
           
             House
             of
             Lords
          
           ;
           the
           other
           ,
           that
           both
           the
           Legislative
           and
           Judicial
           Power
           of
           the
           Parliament
           rested
           wholly
           in
           them
           .
           Lastly
           ,
           that
           
             Knights
             ,
             Citizens
          
           ,
           and
           Burgesses
           of
           Parliament
           ,
           or
           the
           House
           of
           Commons
           ,
           were
           not
           known
           nor
           heard
           of
           till
           punier
           times
           than
           these
           .
           This
           last
           will
           be
           granted
           ,
           viz.
           That
           their
           several
           Titles
           of
           
             Knights
             ,
             Citizens
          
           ,
           and
           Burgesses
           ,
           were
           not
           known
           in
           Parliament
           till
           of
           latter
           times
           :
           Nevertheless
           ,
           it
           will
           be
           insisted
           upon
           ,
           that
           the
           Commons
           were
           then
           there
           .
           The
           second
           will
           be
           granted
           but
           in
           part
           ,
           viz.
           That
           the
           Lords
           had
           much
           power
           in
           Parliament
           in
           point
           of
           Jurisdiction
           ,
           but
           neither
           the
           sole
           ,
           nor
           whole
           .
        
         
           The
           first
           is
           absolutely
           denied
           ,
           neither
           is
           the
           same
           proved
           by
           any
           one
           instance
           or
           pregnant
           ground
           in
           all
           that
           Book
           ,
           and
           therefore
           not
           clearly
           demonstrated
           by
           Histories
           and
           Records
           beyond
           contradiction
           ,
           as
           the
           Title-page
           of
           that
           Book
           doth
           hold
           forth
           to
           the
           World.
           First
           ,
           because
           not
           one
           instance
           in
           all
           that
           Book
           is
           exclusive
           to
           the
           Commons
           ;
           and
           so
           the
           
           whole
           Argument
           of
           the
           Discourse
           will
           conclude
           ,
           
             Ab
             Authoritate
             Negativa
          
           ,
           which
           is
           no
           Argument
           in
           humane
           testimony
           at
           all
           .
        
         
           Secondly
           ,
           The
           greatest
           number
           of
           instances
           in
           that
           Book
           ,
           are
           by
           him
           supposed
           to
           concern
           Parliaments
           ,
           or
           General
           Councils
           of
           this
           Nation
           ,
           holden
           by
           the
           Representative
           thereof
           ;
           whereas
           indeed
           they
           were
           either
           but
           Synodical
           Conventions
           for
           Church-matters
           ,
           whereunto
           the
           poor
           Commons
           (
           he
           well
           knoweth
           )
           might
           not
           come
           ,
           unless
           in
           danger
           of
           the
           Canons
           dint
           ;
           or
           if
           they
           did
           ,
           yet
           had
           they
           no
           other
           work
           there
           ,
           than
           to
           hear
           ,
           learn
           ,
           and
           receive
           Laws
           from
           the
           Ecclesiasticks
           .
           And
           the
           Lords
           themselves
           ,
           though
           present
           ,
           yet
           under
           no
           other
           Notion
           were
           they
           ,
           than
           as
           Counsel
           to
           the
           King
           ,
           whom
           they
           could
           not
           cast
           out
           of
           their
           Council
           ,
           till
           after-ages
           ,
           though
           they
           often
           endeavoured
           it
           .
        
         
           Thirdly
           ,
           The
           Author
           of
           that
           Tractate
           also
           well
           knoweth
           ,
           that
           Kings
           usually
           made
           Grants
           and
           Infeodations
           by
           advice
           of
           the
           Lords
           ,
           without
           the
           aid
           of
           the
           Parliament
           :
           And
           it
           is
           no
           less
           true
           ,
           that
           Kings
           with
           the
           Lords
           ,
           did
           in
           their
           several
           Ages
           exercise
           ordinarily
           Jurisdiction
           ,
           in
           cases
           of
           distributive
           Justice
           ;
           especially
           after
           the
           Norman
           entrance
           :
           For
           the
           step
           was
           easie
           ,
           from
           being
           Commanders
           in
           War
           ,
           to
           be
           Lords
           in
           Peace
           ;
           but
           hard
           to
           lay
           down
           that
           power
           at
           the
           Foot
           of
           Justice
           ,
           which
           they
           had
           usurped
           in
           the
           rude
           times
           of
           the
           Sword
           ,
           when
           men
           labour
           for
           Life
           rather
           than
           Liberty
           ;
           and
           no
           less
           difficult
           to
           make
           a
           difference
           between
           their
           deportment
           in
           commanding
           of
           Souldiers
           ,
           and
           governing
           of
           Countrymen
           ;
           till
           Peace
           by
           continuance
           had
           reduced
           them
           to
           a
           little
           more
           sobriety
           .
           Nor
           doth
           it
           seem
           irrational
           ,
           that
           private
           differences
           between
           Party
           and
           Party
           ,
           should
           be
           determined
           in
           a
           more
           private
           way
           ,
           than
           to
           trouble
           the
           whole
           Representative
           of
           the
           Kingdom
           with
           matters
           of
           so
           mean
           concernment
           .
           If
           then
           those
           Councils
           mentioned
           by
           the
           Author
           ,
           which
           concern
           the
           King's
           Grants
           ,
           and
           Infeodations
           ,
           and
           matters
           of
           Judicature
           ,
           be
           taken
           from
           the
           rest
           of
           the
           Precedents
           ,
           brought
           by
           him
           ,
           to
           maintain
           the
           thing
           aimed
           at
           ;
           I
           suppose
           scarce
           one
           Stone
           will
           be
           left
           for
           a
           Foundation
           to
           such
           a
           glorying
           Structure
           ,
           as
           is
           pretended
           in
           the
           Title-page
           of
           that
           Book
           :
           And
           yet
           I
           deny
           not
           ,
           but
           where
           such
           occasions
           have
           befaln
           ,
           the
           Parliament
           sitting
           ,
           it
           hath
           closed
           with
           them
           ,
           as
           things
           taken
           up
           by
           the
           way
           .
        
         
           Fourthly
           ,
           It
           may
           be
           that
           the
           Author
           hath
           also
           observed
           ,
           that
           all
           the
           Records
           of
           Antiquity
           passed
           through
           (
           if
           not
           from
           )
           the
           hands
           of
           the
           Clergie
           onely
           ;
           and
           they
           might
           think
           it
           sufficient
           for
           them
           to
           honour
           their
           Writings
           with
           the
           great
           Titles
           of
           men
           of
           Dignity
           in
           the
           Church
           and
           Commonwealth
           ,
           omitting
           the
           Commons
           ,
           as
           not
           worthy
           of
           mention
           ;
           and
           yet
           they
           might
           be
           there
           then
           present
           ,
           as
           it
           will
           appear
           they
           were
           ,
           in
           some
           of
           the
           particular
           instances
           ensuing
           ,
           to
           which
           we
           come
           now
           in
           a
           more
           punctual
           consideration
           .
        
         
           The
           first
           of
           these
           ,
           by
           his
           own
           words
           ,
           appear
           to
           be
           a
           Church-mote
           ,
           or
           Synod
           ;
           it
           was
           in
           the
           year
           673
           ,
           called
           by
           the
           Archbishop
           ,
           who
           had
           no
           more
           power
           to
           summon
           a
           Parliament
           ,
           than
           the
           Author
           himself
           hath
           :
           And
           the
           several
           Conclusions
           made
           therein
           ,
           do
           all
           shew
           that
           the
           People
           had
           no
           work
           there
           ,
           as
           may
           appear
           in
           the
           several
           Relations
           thereof
           made
           by
           
             Matthew
             Westminster
          
           ,
           and
           Sir
           
             Henry
             Spelman
          
           ,
           an
           Author
           that
           he
           makes
           much
           use
           of
           ,
           and
           therefore
           I
           shall
           be
           bold
           to
           make
           the
           best
           use
           of
           him
           that
           I
           can
           likewise
           ,
           in
           vindicating
           the
           truth
           of
           the
           point
           in
           hand
           :
           For
           ,
           whatever
           this
           Council
           was
           ,
           it
           is
           the
           less
           material
           ,
           seeing
           the
           same
           Author
           
           recites
           a
           Precedent
           of
           Aethelbert
           ,
           within
           six
           years
           after
           
           Austin's
           entry
           into
           this
           Island
           ,
           which
           was
           long
           before
           this
           Council
           ,
           which
           bringeth
           on
           the
           Van
           of
           all
           the
           rest
           of
           the
           Opponents
           Instances
           ;
           which
           King
           called
           a
           Council
           ,
           stiled
           ,
           
             Commune
             Concilium
             tam
             Cleri
             quam
             Populi
             :
          
           
           and
           in
           the
           conclusion
           of
           the
           same
           ,
           a
           Law
           is
           made
           upon
           the
           like
           occasion
           ,
           
             Si
             Rex
             Populum
             Convocaverit
             ,
             &c.
             
          
           In
           both
           which
           it
           is
           evident
           ,
           that
           in
           those
           times
           there
           were
           Councils
           holden
           by
           the
           People
           ,
           as
           well
           as
           by
           the
           Magnates
           or
           Optimates
           .
        
         
           His
           next
           instance
           is
           in
           the
           year
           694
           ,
           which
           is
           of
           a
           Council
           holden
           by
           the
           
             Great
             men
          
           ,
           but
           no
           mention
           of
           the
           Commons
           ;
           and
           this
           he
           will
           have
           to
           be
           a
           Parliament
           ,
           albeit
           ,
           that
           he
           might
           have
           found
           both
           Abbatesses
           ,
           or
           Women
           ,
           and
           Presbyters
           ,
           to
           be
           Members
           of
           that
           Assembly
           ,
           and
           (
           for
           default
           of
           better
           )
           attested
           the
           Conclusions
           of
           the
           same
           ,
           notwithstanding
           the
           Canon
           ,
           
             Nemo
             militans
             Deo
             ,
             &c.
          
           
           But
           I
           must
           also
           mind
           him
           ,
           that
           the
           same
           Author
           reciteth
           a
           Council
           holden
           by
           King
           
             Ina
             ,
             Suasu
             omnium
             Aldermannorum
             ,
             &
             Seniorum
             ,
             &
             Sapientum
             Regni
             :
          
           and
           it
           is
           very
           probable
           ,
           that
           
             all
             the
             Wise
             men
             of
             the
             Kingdom
          
           were
           not
           included
           within
           the
           Lordly
           Dignity
           .
        
         
           The
           third
           instance
           can
           have
           no
           better
           success
           ,
           unless
           he
           will
           have
           the
           Pope
           to
           be
           allowed
           power
           to
           call
           a
           Parliament
           ,
           or
           allow
           the
           Archbishop
           power
           to
           do
           that
           service
           by
           the
           Pope's
           command
           ;
           for
           by
           that
           Authority
           this
           (
           whatever
           it
           be
           )
           was
           called
           ,
           if
           we
           give
           credit
           to
           the
           Relations
           of
           Sir
           
             Henry
             Spelman
          
           ;
           
           who
           also
           reciteth
           another
           Council
           within
           three
           leaves
           foregoing
           this
           ,
           called
           by
           Withered
           at
           Barkhamstead
           ,
           unto
           which
           the
           Clergie
           were
           summoned
           ,
           
             Qui
             cum
             viris
             utique
             militaribus
             communi
             omnium
             assensu
             has
             leges
             decrevere
             :
          
           
           So
           as
           it
           seemeth
           in
           those
           times
           Souldiers
           or
           Knights
           were
           in
           the
           Common
           Councils
           ,
           as
           well
           as
           other
           
             Great
             Men.
          
           
        
         
           In
           the
           next
           place
           ,
           he
           bringeth
           in
           a
           Council
           holden
           in
           the
           year
           747
           ,
           which
           (
           if
           the
           Archbishop
           were
           then
           therein
           President
           ,
           
           as
           it
           is
           said
           ,
           in
           the
           presence
           of
           the
           King
           )
           was
           no
           Parliament
           ,
           but
           a
           Church-mote
           ;
           and
           all
           the
           Conclusions
           in
           the
           same
           do
           testifie
           no
           less
           ,
           they
           being
           every
           one
           concerning
           Ecclesiastical
           matters
           .
        
         
           And
           furthermore
           ,
           before
           this
           time
           ,
           
           the
           Author
           out
           of
           whom
           he
           citeth
           this
           Council
           ,
           mentioneth
           another
           Council
           holden
           by
           Ina
           the
           Saxon-King
           ,
           in
           the
           presence
           of
           the
           Bishops
           ,
           Princes
           ,
           Lords
           ,
           Earls
           ,
           and
           all
           the
           
             wise
             old
             men
          
           and
           People
           of
           the
           Kingdom
           ,
           all
           of
           them
           concluding
           of
           the
           intermarriage
           between
           the
           
             Brittons
             ,
             Picts
          
           ,
           and
           Saxons
           ,
           which
           formerly
           ,
           as
           it
           seemeth
           ,
           was
           not
           allowed
           .
           And
           the
           same
           King
           by
           his
           Charter
           ,
           mentioned
           by
           the
           same
           Penman
           ,
           noteth
           that
           his
           endowment
           of
           the
           Monastery
           of
           Glastenbury
           was
           made
           ,
           not
           onely
           in
           the
           presence
           of
           the
           
             Great
             Men
          
           ,
           but
           ,
           
             Cumpraesentia
             populationis
          
           ;
           and
           he
           saith
           ,
           that
           
             Omnes
             confirmaverunt
          
           :
           which
           I
           do
           not
           mention
           as
           a
           work
           necessary
           to
           be
           done
           by
           the
           Parliament
           ,
           yet
           such
           an
           one
           as
           was
           holden
           expedient
           as
           the
           case
           then
           stood
           .
        
         
           Forty
           years
           after
           ,
           he
           meeteth
           with
           another
           Council
           ,
           which
           he
           supposeth
           to
           be
           a
           Parliament
           also
           ,
           but
           was
           none
           ,
           unless
           he
           will
           allow
           the
           Pope's
           Legate
           power
           to
           summon
           a
           Parliament
           .
           It
           was
           holden
           in
           the
           year
           787
           ;
           and
           had
           he
           duly
           considered
           the
           return
           made
           by
           the
           Pope's
           Legate
           of
           the
           Acts
           of
           that
           Council
           ,
           
           which
           is
           also
           published
           by
           the
           same
           Author
           ,
           he
           might
           have
           found
           ,
           that
           the
           Legate
           saith
           ,
           
             That
             they
             were
             propounded
             in
             publick
             Council
             ,
             before
             the
             King
             ,
             Archbishop
             ,
             and
             all
             the
             Bishops
             and
             Abbots
             of
             the
             Kingdom
             ,
             Senators
             ,
             Dukes
             ,
             or
             Captains
             ,
             and
             People
             of
             the
             Land
             ,
             and
             they
             all
             consented
             to
             keep
             the
             same
             .
          
        
         
         
           Then
           he
           brings
           in
           a
           Council
           holden
           in
           the
           year
           792.
           which
           he
           would
           never
           have
           set
           down
           in
           the
           List
           of
           Parliaments
           ,
           if
           he
           had
           considered
           how
           improper
           it
           is
           to
           construe
           
             Provinciale
             tenuit
             Concilium
          
           ,
           for
           a
           Parliament
           ;
           and
           therefore
           I
           shall
           need
           no
           further
           to
           trouble
           the
           Reader
           therewith
           .
        
         
           The
           two
           next
           are
           supposed
           to
           be
           but
           one
           and
           the
           same
           ;
           and
           it
           is
           said
           to
           be
           holden
           Anno
           974
           ,
           
             before
             nine
             Kings
             fifteen
             Bishops
             ,
             twenty
             Dukes
             ,
          
           &c.
           which
           for
           ought
           appears
           ,
           may
           comprehend
           all
           England
           and
           Scotland
           ;
           and
           is
           no
           Parliament
           of
           one
           Nation
           ,
           but
           a
           Party
           of
           some
           Nations
           ,
           for
           some
           great
           matter
           ,
           no
           doubt
           ,
           yet
           nothing
           in
           particular
           mentioned
           ,
           but
           the
           solemn
           laying
           the
           Foundation
           of
           the
           Monastery
           of
           
             Saint
             Albans
          
           .
        
         
           What
           manner
           of
           Council
           the
           next
           was
           ,
           appeareth
           not
           ,
           and
           therefore
           nothing
           can
           be
           concluded
           therefrom
           ,
           but
           that
           it
           was
           holden
           in
           the
           year
           797.
           
        
         
           That
           Council
           which
           is
           next
           produced
           ,
           and
           in
           the
           year
           800
           ,
           and
           is
           called
           in
           great
           Letters
           ,
           
             Concilium
             Provinciale
          
           ,
           which
           he
           cannot
           Grammatically
           construe
           to
           be
           a
           Parliament
           ;
           yet
           in
           the
           Preface
           it
           is
           said
           ,
           that
           there
           were
           
             Viri
             cujuscunque
             dignitatis
          
           :
           
           and
           the
           King
           in
           his
           Letters
           to
           the
           Pope
           ,
           saith
           concerning
           it
           ,
           
             Visum
             est
             cunctis
             gentis
             Nostrae
             sapientibus
          
           ;
           so
           as
           it
           seemeth
           by
           this
           ,
           and
           other
           Examples
           of
           this
           nature
           ,
           that
           though
           the
           Church-motes
           invented
           the
           particular
           conclusions
           ,
           yet
           it
           was
           left
           to
           the
           Wittagenmote
           to
           judge
           and
           conclude
           them
           .
        
         
           There
           can
           be
           no
           question
           ,
           but
           the
           next
           three
           Precedents
           brought
           by
           the
           Opponent
           were
           all
           of
           them
           Church-mates
           :
           For
           the
           first
           of
           them
           ,
           which
           is
           said
           to
           be
           holden
           in
           the
           year
           816
           ,
           
           is
           called
           a
           Synod
           ,
           and
           both
           Priests
           and
           Deacons
           were
           there
           present
           ,
           which
           are
           no
           Members
           of
           Parliament
           ,
           consisting
           onely
           of
           the
           
             House
             of
             Lords
          
           ;
           and
           they
           all
           of
           them
           did
           
             Pariter
             tractare
             de
             necessariis
             &
             utilitatibus
             Ecclesiarum
             .
          
           The
           second
           of
           them
           is
           called
           a
           
             Synodal
             Council
          
           ,
           holden
           Anno
           822
           ,
           and
           yet
           there
           were
           then
           present
           
             Omnium
             dignitatum
             Optimates
          
           ;
           which
           cannot
           be
           understood
           onely
           of
           those
           of
           the
           
             House
             of
             Lords
          
           ,
           because
           they
           ought
           all
           to
           be
           personally
           present
           ,
           and
           therefore
           there
           is
           no
           Optimacy
           amongst
           them
           .
           The
           last
           of
           these
           three
           is
           called
           
             Synodale
             Conciliabulum
          
           ,
           a
           
             petty
             Synod
          
           ,
           
           in
           great
           Letters
           :
           and
           besides
           ,
           there
           were
           with
           the
           Bishops
           and
           Abbots
           many
           
             wise
             men
          
           ;
           and
           in
           all
           these
           respects
           it
           cannot
           be
           a
           Parliament
           onely
           of
           the
           
             great
             Lords
          
           .
        
         
           The
           next
           Council
           ,
           said
           to
           be
           holden
           in
           the
           year
           823
           ,
           cannot
           also
           be
           called
           properly
           a
           Parliament
           ,
           but
           onely
           a
           Consultation
           between
           two
           Kings
           and
           their
           Council
           ,
           to
           prevent
           the
           invasion
           of
           the
           Danes
           ;
           and
           the
           attests
           of
           the
           Kings
           Chaplain
           and
           his
           Scribe
           ,
           do
           shew
           also
           that
           they
           were
           not
           all
           Members
           of
           the
           
             House
             of
             Lords
          
           .
        
         
           The
           Council
           cited
           by
           the
           Opponent
           in
           the
           next
           place
           ,
           was
           holden
           Anno
           838
           ,
           being
           onely
           in
           nature
           of
           a
           Council
           for
           Law
           ,
           or
           Judicature
           ,
           to
           determine
           the
           validity
           of
           the
           King
           's
           Grant
           made
           to
           the
           Church
           of
           Canterbury
           ;
           which
           is
           no
           proper
           work
           for
           a
           Parliament
           ,
           unless
           it
           befal
           during
           the
           sitting
           of
           the
           same
           .
        
         
           The
           next
           is
           but
           a
           bare
           title
           of
           a
           Council
           ,
           supposed
           to
           be
           holden
           Anno
           850
           ,
           and
           not
           worth
           its
           room
           ;
           for
           it
           neither
           sheweth
           whether
           any
           thing
           was
           concluded
           ,
           nor
           what
           the
           Conclusions
           were
           .
        
         
           The
           work
           of
           the
           next
           Council
           ,
           alleadged
           to
           be
           holden
           Anno
           851
           ,
           was
           to
           confirm
           the
           Charter
           of
           the
           Monastery
           of
           Croyland
           ,
           and
           to
           determine
           concerning
           affairs
           belonging
           to
           the
           Mercians
           ;
           and
           if
           it
           had
           been
           a
           Parliament
           for
           that
           people
           ,
           it
           might
           be
           worthy
           of
           enquiry
           how
           regularly
           the
           Archbishop
           of
           Canterbury
           ,
           and
           the
           Bishop
           of
           London
           ,
           and
           the
           Embassadors
           
           from
           the
           West-Saxons
           ,
           could
           sit
           amongst
           them
           ,
           and
           attest
           the
           Conclusions
           therein
           made
           ,
           as
           well
           as
           the
           proper
           Members
           of
           that
           Nation
           .
        
         
           He
           cometh
           in
           the
           next
           place
           to
           a
           Council
           holden
           in
           the
           year
           855
           ,
           which
           is
           more
           likely
           to
           be
           a
           Parliament
           than
           most
           of
           them
           formerly
           mentioned
           ,
           if
           the
           Tithes
           of
           all
           England
           were
           therein
           given
           to
           the
           Church
           ;
           but
           hereof
           I
           have
           set
           down
           my
           opinion
           in
           the
           former
           part
           of
           the
           Discourse
           .
           And
           though
           it
           be
           true
           ,
           that
           no
           Knights
           and
           Burgesses
           are
           therein
           mentioned
           ,
           as
           the
           Opponent
           observeth
           out
           of
           the
           Title
           ;
           yet
           if
           the
           body
           of
           the
           Laws
           be
           duly
           considered
           ,
           towards
           the
           Conclusion
           thereof
           it
           will
           appear
           ,
           that
           there
           was
           present
           
             Fidelium
             infinita
             multitudo
             ,
             qui
             omnes
             regium
             Chirographum
             laudaverunt
             ,
             Dignitates
             verò
             sua
             nomina
             subscripserunt
             .
          
           
           And
           yet
           the
           Wittagenmotes
           in
           these
           times
           began
           to
           be
           rare
           ,
           being
           continually
           interrupted
           by
           the
           invasions
           of
           the
           Danes
           .
        
         
           The
           three
           next
           Councils
           ,
           alleadged
           to
           be
           in
           the
           years
           930
           ,
           944
           ,
           948.
           were
           doubtless
           of
           inferiour
           value
           ,
           as
           the
           matters
           therein
           concluded
           were
           of
           inferiour
           regard
           ,
           being
           such
           as
           concern
           the
           passing
           of
           the
           Kings
           Grants
           ,
           Infeodations
           and
           Confirmations
           .
        
         
           The
           Council
           mentioned
           to
           be
           in
           the
           year
           965
           ,
           
           is
           supposed
           to
           be
           one
           and
           the
           same
           with
           the
           next
           foregoing
           ,
           by
           Sir
           
             Henry
             Spelman
          
           ;
           which
           calls
           it self
           a
           
             General
             Council
          
           ,
           not
           by
           reason
           of
           the
           general
           confluence
           of
           the
           Lords
           and
           Laity
           ,
           but
           because
           all
           the
           Bishops
           of
           England
           did
           then
           meet
           .
           The
           Primi
           and
           Primates
           were
           there
           ;
           who
           these
           were
           ,
           is
           not
           mentioned
           ,
           but
           it
           is
           evident
           that
           the
           King
           of
           Scots
           was
           there
           ,
           and
           that
           both
           he
           and
           divers
           that
           are
           called
           
             Ministri
             Regis
          
           ,
           attested
           the
           Conclusions
           .
           It
           will
           be
           difficult
           to
           make
           out
           how
           these
           should
           be
           Members
           of
           the
           
             House
             of
             Lords
          
           ,
           and
           more
           difficult
           to
           shew
           a
           reason
           why
           in
           the
           attesting
           of
           the
           Acts
           of
           these
           Councils
           ,
           which
           the
           Opponent
           calls
           Parliaments
           ,
           we
           find
           so
           few
           of
           the
           Laity
           ,
           that
           scarce
           Twelve
           are
           mentioned
           in
           any
           one
           of
           them
           ,
           and
           those
           to
           descend
           so
           low
           as
           the
           
             Ministri
             Regis
          
           ,
           to
           make
           up
           the
           number
           .
        
         
           Five
           more
           of
           these
           instances
           remain
           ,
           before
           the
           coming
           of
           the
           Normans
           .
        
         
           The
           first
           of
           which
           was
           in
           the
           year
           975
           ,
           and
           in
           a
           time
           when
           no
           Parliament
           ,
           according
           to
           the
           Opponents
           principles
           ,
           
           could
           sit
           ;
           for
           it
           was
           an
           Inter-Regnum
           .
        
         
           The
           two
           next
           were
           onely
           Synods
           to
           determine
           the
           difference
           between
           the
           Regulars
           and
           the
           Seculars
           ,
           in
           the
           King's
           absence
           ,
           by
           reason
           that
           he
           was
           under
           age
           ;
           and
           they
           are
           said
           to
           be
           in
           the
           year
           977
           ,
           and
           1009.
           
           But
           it
           is
           not
           within
           the
           compass
           of
           my
           matter
           to
           debate
           their
           dates
           .
        
         
           The
           last
           two
           were
           Meetings
           or
           Courts
           for
           Judicature
           ,
           to
           determine
           the
           Crime
           of
           Treason
           ;
           which
           every
           one
           knows
           is
           determinable
           by
           inferiour
           Courts
           before
           the
           high
           Steward
           of
           Judges
           ,
           and
           therefore
           not
           so
           peculiar
           to
           a
           Parliament
           ,
           as
           to
           be
           made
           an
           Argument
           of
           its
           existence
           .
           And
           thus
           are
           we
           at
           an
           end
           of
           all
           the
           instances
           brought
           by
           the
           Opponent
           to
           prove
           that
           
             Parliaments
             before
             the
          
           Norman
           
             times
             consisted
             of
             those
             whom
             we
             now
             call
             the
             House
             of
             Lords
             .
          
           All
           which
           I
           shall
           shut
           up
           with
           two
           other
           Notes
           taken
           out
           of
           the
           Book
           of
           Councils
           ,
           published
           by
           Sir
           
             Henry
             Spelman
          
           .
        
         
           The
           first
           of
           which
           concerneth
           a
           Grant
           made
           by
           Canutus
           ,
           of
           an
           exemption
           to
           the
           Abbey
           of
           Bury
           Saint
           Edmunds
           ,
           
           in
           a
           Council
           wherein
           were
           present
           Archbishops
           ,
           Bishops
           ,
           Abbots
           ,
           Dukes
           ,
           Earls
           .
           
             Cum
             quamplurimis
             gregariis
             militibus
             ,
             cum
             populi
             multitudine
             copiosa
             votis
             regi●s
             unanimiter
             
             consentientes
             .
          
           The
           other
           taken
           out
           of
           the
           
           Confessor's
           Laws
           ,
           which
           tell
           us
           ,
           that
           Tythes
           were
           granted
           to
           the
           Church
           ,
           
           
             A
             Rege
             ,
             Baronibus
             ,
             &
             Populo
             .
          
           And
           thus
           I
           shall
           leave
           these
           Testimonies
           to
           debate
           with
           one
           another
           ,
           whilst
           the
           Reader
           may
           judge
           as
           seemeth
           most
           equal
           to
           himself
           .
        
         
           Being
           thus
           come
           to
           the
           Norman
           times
           ,
           and
           those
           ensuing
           ;
           I
           shall
           more
           summarily
           proceed
           with
           the
           particulars
           concerning
           them
           ,
           because
           they
           were
           times
           of
           Force
           ,
           and
           can
           give
           little
           or
           no
           evidence
           against
           the
           Customs
           rightly
           setled
           in
           the
           Saxon
           times
           ,
           which
           I
           have
           more
           particularly
           insisted
           upon
           ,
           that
           the
           Original
           Constitution
           of
           this
           Government
           may
           the
           better
           appear
           .
           Now
           for
           the
           more
           speedy
           manifesting
           of
           the
           truth
           in
           the
           particulars
           following
           ,
           I
           shall
           pre-advise
           the
           Reader
           in
           three
           particulars
           .
        
         
           First
           ,
           that
           the
           Church-motes
           grew
           more
           in
           Power
           and
           Honour
           by
           the
           aid
           of
           the
           Normans
           Law
           ,
           refusing
           the
           concurrence
           and
           personal
           presence
           of
           Kings
           ,
           whom
           at
           length
           they
           excluded
           from
           their
           Councils
           with
           all
           his
           Nobles
           ;
           and
           therefore
           it
           is
           the
           less
           wonder
           ,
           if
           we
           hear
           but
           little
           of
           the
           Commons
           joyning
           with
           them
           .
        
         
           Secondly
           ,
           That
           the
           Norman
           way
           of
           Government
           grew
           more
           Aristocratical
           than
           the
           Saxon
           ,
           making
           the
           Lords
           the
           chief
           Instruments
           of
           keeping
           Kings
           above
           ,
           and
           People
           underneath
           ;
           and
           thus
           we
           meet
           with
           much
           noise
           of
           meetings
           between
           the
           King
           and
           Lords
           ,
           and
           little
           concerning
           the
           grand
           meetings
           of
           the
           Kings
           ,
           and
           the
           Representative
           of
           the
           People
           ;
           although
           some
           foot-steps
           we
           find
           even
           of
           them
           also
           .
           For
           the
           Kings
           were
           mistaken
           in
           the
           Lords
           ,
           who
           meaned
           nothing
           less
           than
           to
           serve
           them
           with
           the
           Peoples
           Liberties
           ,
           together
           with
           their
           own
           ,
           which
           they
           saw
           wrapped
           up
           in
           the
           gross
           .
        
         
           Thirdly
           ,
           By
           this
           means
           the
           Councils
           of
           the
           King
           and
           Lords
           grew
           potent
           ,
           not
           onely
           for
           advice
           in
           particular
           occasions
           ,
           but
           in
           matters
           of
           Judicature
           ,
           and
           declaring
           of
           Law
           ,
           ordering
           of
           Process
           in
           Courts
           of
           Pleas
           ;
           which
           in
           the
           first
           framing
           were
           the
           works
           of
           the
           Wise
           and
           
             Learned
             men
          
           ,
           but
           being
           once
           setled
           ,
           become
           part
           of
           the
           Liberties
           of
           every
           Freeman
           .
           And
           it
           is
           not
           to
           be
           doubted
           but
           these
           Councils
           of
           Lords
           did
           outreach
           into
           things
           too
           great
           for
           them
           to
           manage
           ,
           and
           kept
           the
           Commons
           out
           of
           possession
           of
           their
           right
           ,
           during
           the
           present
           heat
           of
           their
           ruffling
           condition
           ;
           yet
           all
           this
           while
           could
           not
           take
           absolute
           possession
           of
           their
           
             Legislative
             power
          
           .
        
         
           I
           now
           come
           to
           the
           remainder
           of
           the
           particular
           instances
           produced
           by
           the
           Opponent
           ,
           which
           I
           shall
           reduce
           into
           several
           Categories
           ,
           for
           the
           more
           clear
           satisfaction
           to
           the
           Reader
           ,
           with
           less
           tediousness
           .
        
         
           First
           ,
           It
           cannot
           be
           denied
           but
           the
           Council
           of
           Lords
           gave
           advice
           to
           Kings
           in
           cases
           of
           particular
           emergency
           ;
           nor
           is
           it
           incongruous
           to
           the
           course
           of
           Government
           ,
           even
           to
           this
           day
           ;
           nor
           is
           it
           meet
           that
           the
           Parliament
           should
           be
           troubled
           with
           every
           such
           occasion
           :
           and
           therefore
           the
           giving
           of
           advice
           to
           William
           the
           Conquerour
           ,
           what
           course
           he
           should
           take
           to
           settle
           the
           Laws
           of
           England
           according
           to
           the
           instances
           in
           Councils
           holden
           An.
           1060
           ,
           and
           1007.
           and
           
             to
             gain
             favour
             of
             the
             great
             men
             ,
          
           according
           to
           that
           in
           Anno
           1106.
           and
           
             in
             the
             manner
             of
             endowment
             of
             the
             Abbey
             of
          
           Battel
           ,
           as
           in
           pag.
           25
           of
           the
           Opponents
           Discourse
           :
           and
           
             what
             to
             do
             upon
             the
             reading
             of
             the
             Pope's
             Letter
             ,
          
           according
           to
           that
           in
           Anno
           1114.
           
           And
           
             whether
             the
             Pope's
             Legate
             should
             be
             admitted
             ,
          
           as
           in
           pag.
           18.
           
           And
           
             how
             King
          
           Stephen
           and
           Henry
           
             shall
             come
             to
             an
             Agreement
          
           ,
           as
           Anno
           1153.
           
           And
           
             how
             to
             execute
             Laws
             by
             Judges
             and
             
             Justices
          
           Itinerant
           ,
           as
           Anno
           1176.
           
           And
           
             touching
             the
             manner
             of
             ingaging
             for
             a
             Voyage
             by
          
           Croisado
           to
           Jerusalem
           ,
           Anno
           1189.
           
           And
           
             to
             give
             answer
             to
             Embassadors
             of
             a
             Foreign
             Prince
             ,
          
           pag.
           25.
           
           And
           
             how
             King
          
           John
           
             shall
             conclude
             Peace
             with
             the
             Pope
             ,
             Anno
          
           1213.
           
           
           Where
           nevertheless
           ,
           
             Matth.
             Paris
          
           saith
           ,
           was
           
             Turba
             multa
             nimis
          
           .
           I
           say
           ,
           all
           these
           might
           well
           be
           done
           by
           a
           
             Council
             of
             Lords
          
           ,
           and
           not
           in
           any
           posture
           of
           a
           Parliament
           ;
           albeit
           that
           in
           none
           of
           all
           these
           doth
           any
           thing
           appear
           ,
           but
           that
           the
           Commons
           might
           be
           present
           in
           every
           one
           ,
           or
           many
           of
           them
           all
           .
        
         
           Secondly
           ,
           As
           touching
           Judicature
           ,
           the
           Lords
           had
           much
           power
           therein
           ,
           even
           in
           the
           Saxon
           times
           ,
           having
           better
           opportunities
           for
           Knowledge
           and
           Learning
           ,
           especially
           joyned
           with
           the
           Clergie
           ,
           than
           the
           Commons
           in
           those
           times
           of
           deep
           darkness
           ,
           wherein
           even
           the
           Clergie
           wanted
           not
           their
           share
           ,
           as
           in
           the
           first
           part
           of
           the
           Discourse
           I
           have
           already
           observed
           .
           Whatsoever
           then
           might
           be
           done
           by
           Judges
           in
           ordinary
           Courts
           of
           Judicature
           ,
           is
           inferiour
           to
           the
           regard
           of
           the
           Parliament
           ;
           and
           therefore
           
             the
             Plea
             between
             the
             Archbishop
             and
          
           Ethelstan
           
             concerning
             Land
          
           ,
           instanced
           Anno
           1070.
           
           And
           between
           Lanfrank
           and
           Odo
           ,
           Anno
           1071.
           
           And
           
             between
             the
             King
             and
          
           Anselme
           ,
           pag.
           15
           ,
           16.
           
           And
           
             the
             determining
             of
             the
             Treason
             of
          
           John
           (
           afterwards
           King
           )
           
             against
             his
             Lord
             King
          
           Richard
           ,
           pag.
           23.
           
           And
           the
           difference
           
             concerning
             the
             title
             of
             a
             Barony
             between
          
           Mowbray
           and
           Scotvile
           ,
           pag.
           25.
           
           And
           
             giving
             of
             security
             of
             good
             behaviour
             by
          
           William
           Brawse
           
             to
             King
          
           John
           ,
           pag.
           26.
           
           All
           these
           might
           well
           be
           determined
           onely
           before
           the
           Lords
           ,
           and
           yet
           the
           Parliament
           might
           be
           then
           sitting
           or
           not
           sitting
           ;
           as
           the
           contrary
           to
           either
           doth
           not
           appear
           ,
           and
           therefore
           can
           these
           form
           no
           demonstrative
           ground
           to
           prove
           that
           the
           Parliament
           consisted
           in
           those
           times
           ,
           onely
           of
           such
           as
           we
           now
           call
           the
           
             House
             of
             Lords
          
           .
        
         
           A
           Third
           work
           whereby
           the
           Opponent
           would
           prove
           the
           Parliament
           to
           consist
           onely
           of
           the
           
             House
             of
             Lords
          
           ,
           is
           ,
           because
           he
           findeth
           many
           things
           by
           them
           concluded
           touching
           the
           solemnization
           ,
           and
           the
           setling
           of
           the
           
             Succession
             of
             Kings
          
           ;
           both
           which
           ,
           he
           saith
           ,
           were
           done
           by
           the
           
             Lords
             in
             Parliament
          
           ,
           or
           those
           of
           that
           House
           ;
           and
           I
           shall
           crave
           leave
           to
           conclude
           the
           contrary
           :
           For
           neither
           is
           the
           Election
           ,
           or
           Solemnization
           of
           such
           Election
           ,
           a
           proper
           work
           of
           the
           Parliament
           ,
           according
           to
           the
           Opponents
           principles
           ;
           nor
           can
           they
           prove
           such
           Conventions
           wherein
           they
           were
           to
           be
           ,
           Parliaments
           .
           Not
           the
           Election
           of
           Kings
           ,
           for
           then
           may
           a
           Parliament
           be
           without
           a
           King
           ;
           and
           therefore
           that
           instance
           concerning
           
             William
             Rufus
             ,
             pag.
          
           16
           will
           fail
           ,
           or
           the
           Opponents
           Principles
           ,
           who
           will
           have
           no
           Parliament
           without
           a
           King.
           
        
         
           The
           like
           may
           also
           be
           said
           of
           the
           instance
           concerning
           King
           
             Steven
             ,
             pag.
          
           18.
           
           Much
           less
           can
           the
           Solemnization
           of
           the
           Election
           by
           Coronation
           be
           a
           proper
           work
           for
           the
           Parliament
           :
           Nevertheless
           ,
           the
           Opponent
           doth
           well
           know
           that
           both
           the
           Election
           of
           a
           King
           ,
           and
           the
           Solemnization
           of
           such
           Election
           by
           Coronation
           ,
           are
           Spiritless
           motions
           without
           the
           presence
           of
           the
           people
           ;
           and
           therefore
           though
           his
           instance
           ,
           pag.
           17
           ,
           concerning
           the
           Election
           of
           Henry
           the
           First
           by
           the
           Bishops
           and
           Princes
           ,
           may
           seem
           to
           be
           restrictive
           as
           to
           them
           ,
           yet
           it
           is
           not
           such
           in
           fact
           ;
           if
           
             Matthew
             Paris
          
           may
           be
           believed
           ,
           who
           telleth
           us
           ,
           that
           in
           the
           
             Conventus
             omnium
          
           was
           Clerus
           and
           
             Populus
             universus
          
           ,
           
           and
           might
           have
           been
           noted
           by
           the
           Opponent
           out
           of
           that
           Learned
           Antiquary
           so
           often
           by
           him
           cited
           ,
           if
           he
           had
           pleased
           to
           take
           notice
           of
           such
           matters
           .
        
         
         
           A
           Fourth
           sort
           of
           Instances
           concerneth
           
             matters
             Ecclesiastical
          
           ,
           and
           making
           of
           Canons
           ;
           and
           hereof
           enough
           hath
           been
           already
           said
           ,
           that
           such
           Work
           was
           absolutely
           challenged
           by
           the
           Church-motes
           as
           their
           proper
           Work
           ;
           and
           therefore
           the
           Instance
           ,
           pag.
           16
           ,
           17.
           of
           the
           Council
           in
           Henry
           the
           First
           's
           time
           ,
           and
           the
           Canons
           made
           by
           the
           Bishops
           there
           ;
           and
           that
           other
           called
           by
           Theobald
           Archbishop
           of
           Canterbury
           ,
           and
           instanced
           by
           the
           Opponent
           ,
           pag.
           19.
           
           I
           say
           ,
           both
           these
           do
           fail
           in
           the
           Conclusion
           propounded
           .
        
         
           Fifthly
           ,
           as
           touching
           the
           most
           proper
           Work
           of
           Parliament
           ,
           which
           is
           the
           
             making
             of
             Laws
             concerning
             the
             Liberties
             and
             Benefit
             of
             the
             people
          
           ;
           the
           Opponent
           produceth
           not
           one
           instance
           concerning
           the
           same
           ,
           which
           doth
           not
           conclude
           contrary
           to
           the
           Proposal
           ;
           for
           as
           touching
           those
           two
           instances
           in
           his
           Thirteenth
           page
           ,
           Anno
           1060
           ,
           they
           concern
           not
           the
           
             making
             of
             Laws
          
           ,
           but
           the
           reviving
           of
           such
           as
           had
           been
           disused
           formerly
           ;
           which
           might
           well
           enough
           be
           done
           by
           a
           private
           Council
           .
           But
           as
           to
           that
           in
           his
           Fifteenth
           page
           ,
           of
           the
           Law
           made
           by
           the
           Conquerour
           concerning
           Remigius
           Bishop
           of
           Lincoln
           ,
           although
           it
           be
           true
           ,
           that
           we
           find
           not
           the
           particular
           Titles
           of
           
             Knights
             ,
             Citizens
          
           ,
           and
           Burgesses
           ,
           ●yet
           besides
           the
           Council
           of
           Archbishops
           ,
           Bishops
           ,
           and
           Princes
           ,
           we
           find
           the
           
             Common
             Council
          
           ;
           for
           so
           the
           words
           are
           ,
           
             Communi
             Concilio
             ,
             &
             Concilio
             Archiepiscoporum
             ,
             Episcoporum
             ,
             Abatum
             ,
             &
             omnium
             Principum
          
           ;
           although
           the
           Opponent
           would
           seem
           to
           wave
           these
           words
           ,
           
             Et
             Concilio
          
           ,
           by
           putting
           them
           in
           a
           small
           Character
           ,
           and
           the
           rest
           in
           Great
           Letters
           ,
           
           that
           the
           Readers
           eyes
           might
           be
           silled
           with
           them
           ,
           and
           overlook
           the
           other
           .
        
         
           Secondly
           ,
           As
           to
           the
           instance
           of
           the
           Council
           at
           Clarindon
           ,
           in
           his
           Nineteenth
           page
           ,
           which
           he
           citeth
           out
           of
           
             Matthew
             Paris
             ,
             Matthew
             Westminster
          
           ,
           and
           Hoveden
           ,
           although
           he
           pleaseth
           to
           mention
           the
           several
           ranks
           of
           
             Great
             Men
          
           ,
           and
           those
           in
           black
           Letters
           of
           a
           greater
           size
           ;
           and
           saith
           ,
           That
           
             not
             one
             Commoner
             appears
          
           ;
           yet
           Mr.
           
           Selden's
           Hoveden
           ,
           in
           that
           very
           place
           so
           often
           by
           the
           Opponent
           cited
           ,
           tells
           him
           ,
           that
           both
           Clerus
           and
           Populus
           were
           there
           .
        
         
           Thirdly
           ,
           The
           Opponent
           citeth
           an
           instance
           of
           Laws
           made
           by
           Richard
           the
           First
           ,
           in
           his
           Twenty
           fourth
           page
           ;
           and
           he
           setteth
           down
           the
           several
           Ranks
           of
           
             Great
             Men
          
           ,
           and
           amongst
           the
           rest
           ,
           ingeniously
           mentioneth
           Milites
           ;
           but
           it
           is
           with
           a
           Gloss
           of
           his
           own
           ,
           that
           they
           were
           Barons
           that
           were
           made
           Knights
           ,
           whenas
           formerly
           Barons
           were
           mentioned
           in
           the
           general
           ;
           and
           therefore
           how
           proper
           this
           Gloss
           is
           ,
           let
           others
           judge
           ;
           especially
           seeing
           that
           not
           onely
           Milites
           ,
           and
           
             Milites
             Gregarii
          
           ,
           but
           even
           Ministri
           ,
           were
           present
           in
           such
           Conventions
           ,
           even
           in
           the
           Saxon
           times
           :
           And
           Mr.
           Selden
           in
           the
           former
           known
           place
           mentioneth
           an
           Observation
           ,
           that
           
             Vniversi
             personae
             qui
             de
             Rege
             tenent
             in
             Capite
             ,
          
           
           
             sicut
             caeteri
             Barones
             debent
             interesse
             judiciis
             curiae
             Domini
             Regis
             cum
             Baronibus
             .
          
        
         
           Fourthly
           ,
           He
           citeth
           in
           his
           Twenty
           fifth
           page
           another
           instance
           in
           King
           
           John's
           time
           ,
           in
           which
           ,
           after
           the
           
             assent
             of
             Earls
             and
             Barons
          
           ,
           the
           words
           
             Et
             omnium
             fidelium
             nostrorum
          
           are
           also
           annexed
           ,
           but
           with
           this
           conceit
           of
           the
           Oponents
           ,
           that
           these
           Fideles
           were
           those
           that
           adhered
           to
           the
           King
           against
           his
           Enemies
           :
           be
           it
           so
           ,
           for
           then
           the
           Commons
           were
           present
           ,
           and
           did
           assent
           ;
           or
           they
           may
           be
           ,
           saith
           he
           ,
           
             some
             specially
             summoned
             as
             Assistants
          
           ;
           take
           that
           also
           ,
           and
           then
           all
           the
           true-hearted
           in
           the
           Kingdom
           
           were
           specially
           summoned
           ,
           and
           were
           there
           ;
           so
           as
           the
           conclusion
           will
           be
           the
           same
           .
        
         
           In
           the
           fifth
           place
           ,
           he
           cited
           a
           strange
           Precedent
           (
           as
           he
           calls
           it
           )
           of
           a
           Writ
           of
           Summons
           in
           King
           
           John's
           time
           ,
           in
           his
           Twenty
           seventh
           page
           ,
           wherein
           
             Omnes
             Milites
          
           were
           summoned
           ,
           
             Cum
             armis
             suis
          
           ;
           and
           he
           concludes
           therefore
           the
           same
           was
           a
           
             Council
             of
             War.
          
           
        
         
           First
           ,
           
             Because
             they
             were
             to
             come
             armed
             .
          
           It
           is
           very
           true
           ;
           and
           so
           they
           did
           unto
           the
           Councils
           in
           the
           ancient
           Saxon
           times
           ,
           and
           so
           the
           Knights
           of
           the
           Counties
           ought
           to
           do
           in
           these
           days
           ,
           if
           they
           obey
           the
           Writ
           ,
           
             Duos
             Milites
             gladiis
             cinctos
             ,
             &c.
             
          
        
         
           Secondly
           ,
           he
           saith
           ,
           that
           the
           Knights
           were
           not
           to
           come
           to
           Council
           .
           That
           is
           his
           opinion
           ;
           yet
           the
           Writ
           speaks
           ,
           that
           the
           
             Discreti
             Milites
          
           were
           to
           come
           ,
           
             Ad
             loquendum
             cum
             Rege
             de
             negotiis
             regni
             :
          
           It
           is
           true
           ,
           saith
           he
           ,
           but
           not
           
             Ad
             tractandum
             ,
             &
             faciendum
             ,
             &
             consentiendum
             .
          
           It
           is
           true
           ,
           it
           is
           not
           so
           said
           ,
           nor
           is
           it
           excluded
           ;
           and
           were
           it
           so
           ,
           yet
           the
           Opponents
           conclusion
           will
           not
           thence
           arise
           ,
           
             That
             none
             but
             the
             King
             ,
             and
             those
             who
             are
             of
             the
             House
             of
             Lords
             ,
             were
             there
             present
             .
          
        
         
           The
           Sixth
           and
           last
           instance
           mentioned
           by
           the
           Opponent
           ,
           is
           in
           his
           Thirtieth
           page
           ,
           and
           concerneth
           Escuage
           granted
           to
           King
           John
           ,
           who
           by
           his
           Charter
           granted
           ,
           
             That
             in
             such
             cases
             he
             would
             summon
             Archbishops
             ,
             Bishops
             ,
             Abbots
             ,
             Earls
             ,
             and
             the
             greater
             Barons
             ,
             unto
             such
             Conventions
             by
             special
             Writs
             ;
             and
             that
             the
             Sheriff
             shall
             summon
             promiscuously
             all
             others
             which
             hold
             in
          
           Capite
           :
           and
           thence
           he
           concludes
           ,
           That
           
             none
             but
             the
             Great
             Lords
             ,
             and
             the
             Tenants
             in
          
           Capite
           (
           whom
           he
           calls
           the
           
             lesser
             Barons
             )
             were
             present
             ;
             but
             no
             Knights
             ,
             Citizens
             ,
             or
             Burgesses
             :
          
           all
           which
           being
           granted
           ,
           yet
           in
           full
           Parliament
           the
           Citizens
           and
           Burgesses
           might
           be
           there
           .
           For
           Councils
           were
           called
           of
           such
           persons
           as
           suited
           to
           the
           matter
           to
           be
           debated
           upon
           .
        
         
           If
           for
           matters
           purely
           Ecclesiastical
           ,
           the
           King
           and
           his
           
             Council
             of
             Lords
          
           ,
           and
           the
           Church-men
           ,
           made
           up
           the
           Council
           .
        
         
           If
           for
           advice
           in
           emergencies
           ,
           the
           King
           and
           such
           Lords
           as
           were
           next
           at
           hand
           determined
           the
           conclusions
           .
        
         
           If
           for
           Escuage
           ,
           the
           King
           and
           such
           as
           were
           to
           pay
           Escuage
           ,
           made
           up
           a
           Council
           to
           ascertain
           the
           sum
           ,
           which
           was
           otherwise
           uncertain
           .
        
         
           If
           for
           matters
           that
           concerned
           the
           
             common
             Liberty
          
           ,
           
           all
           sorts
           were
           present
           ,
           as
           may
           appear
           out
           of
           the
           very
           Charter
           of
           King
           John
           ,
           noted
           in
           my
           former
           discourse
           ,
           
           page
           258.
           and
           also
           from
           an
           Observation
           of
           Cambden
           concerning
           Henry
           the
           Third
           ,
           
             Ad
             summum
             honorem
             pertinet
          
           ,
           (
           said
           he
           )
           
             Ex
             quo
             Rex
          
           Henricus
           
             Tertius
             ,
             ex
             tanta
             multitudine
             quae
             seditiosa
             ac
             turbulentia
             fuit
             ,
             optimos
             quosque
             ad
             Comitia
             Parliamentaria
             evocaverit
             .
          
        
         
           Secondly
           ,
           The
           Opponent
           takes
           that
           for
           granted
           that
           never
           will
           be
           ,
           viz.
           
             That
             all
             the
             Kings
             Tenants
          
           In
           Capite
           
             were
             of
             the
             House
             of
             Lords
          
           ;
           whenas
           himself
           acknowledgeth
           a
           difference
           ,
           page
           28.
           viz.
           That
           the
           Barons
           are
           summoned
           by
           Writs
           ,
           sigillatim
           ,
           as
           all
           the
           Members
           of
           the
           
             House
             of
             Lords
          
           are
           ;
           but
           these
           are
           by
           general
           Summons
           ,
           their
           number
           great
           ;
           and
           hard
           it
           will
           be
           to
           understand
           ,
           how
           ,
           or
           when
           ,
           they
           came
           to
           be
           excluded
           from
           that
           Society
           .
        
         
         
           I
           shall
           insist
           no
           further
           upon
           the
           particulars
           of
           this
           Tractate
           ,
           but
           demur
           upon
           the
           whole
           matter
           ,
           and
           leave
           it
           to
           Judgement
           upon
           the
           Premises
           ,
           which
           might
           have
           been
           much
           better
           reduced
           to
           the
           main
           Conclusion
           ,
           if
           the
           Opponent
           ,
           in
           the
           first
           place
           ,
           had
           defined
           the
           word
           PARLIAMENT
           :
           For
           it
           was
           a
           Convention
           without
           the
           People
           ,
           and
           sometimes
           without
           the
           KING
           ,
           as
           in
           the
           Cases
           formerly
           mentioned
           ,
           of
           the
           Elections
           of
           
             William
             Rufus
          
           ,
           and
           of
           King
           Stephen
           .
           And
           if
           sometimes
           a
           Parliament
           of
           Lords
           onely
           may
           be
           against
           the
           King
           ,
           and
           so
           without
           King
           or
           People
           ,
           as
           in
           the
           Case
           between
           Stephen
           and
           Maud
           the
           Empress
           ;
           and
           the
           Case
           likewise
           concerning
           King
           John
           ,
           both
           which
           also
           were
           formerly
           mentioned
           ;
           All
           this
           is
           no
           more
           to
           the
           Government
           ,
           than
           it
           would
           be
           ,
           should
           at
           any
           time
           the
           Commons
           hold
           a
           Parliament
           without
           a
           King
           or
           
             House
             of
             Lords
          
           :
           and
           then
           all
           the
           Opponents
           labour
           is
           to
           little
           purpose
           .
        
      
       
         
         
           A
           TABLE
           TO
           THE
           Second
           Part.
           
        
         
           
             A
          
           
             
               A
               Betting
            
             of
             Felony
             made
             Felony
             page
             174
          
           
             Administration
             granted
             to
             the
             next
             of
             the
             Kindred
             30
          
           
             Admirals
             power
             from
             the
             Parliament
             24.
             formerly
             under
             many
             ,
             brought
             into
             one
             25.
             once
             gained
             jurisdiction
             to
             the
             high-water-mark
             26.
             and
             his
             Power
             regulated
             by
             Law
             ibid.
             over
             Sea-men
             ,
             Ports
             ,
             and
             Ships
             ibid.
             
          
           
             Allegiance
             according
             to
             Law
             11.
             vide
             Supremacy
             ,
             the
             nature
             thereof
             in
             general
             42.
             it
             is
             not
             natural
             
               ibid.
               52.
            
             not
             absolute
             or
             indefinite
             49.
             not
             to
             the
             King
             in
             his
             natural
             capacity
             51.
             it
             obligeth
             not
             the
             people
             to
             serve
             in
             forein
             War
             60.
             it
             is
             due
             to
             the
             person
             of
             the
             King
             for
             the
             time
             being
             144
             ,
             163.
             what
             it
             is
             in
             time
             of
             War
             ,
             and
             relation
             thereunto
             144.
             
             Henry
             the
             Seventh
             ,
             and
             Henry
             the
             Eighth
             endeavoured
             to
             advance
             it
             in
             relation
             to
             the
             Crown
             ,
             but
             effected
             it
             not
             61.
             
          
           
             Appeals
             in
             cases
             Ecclesiastical
             restrained
             from
             Rome
             ,
             and
             given
             in
             the
             Kings
             case
             to
             the
             Convocation
             ,
             and
             in
             the
             cases
             of
             the
             people
             ,
             the
             Archbishop
             afterwards
             to
             the
             Delegates
             ,
             and
             were
             never
             setled
             in
             the
             Crown
             133
             ,
             136.
             vide
             Archbishop
             .
          
           
             Archbishop
             hath
             the
             lawful
             power
             of
             the
             Pope
             in
             Appeals
             and
             Dispensations
             ,
             Licenses
             ,
             and
             Faculties
             136.
             the
             Archbishop
             of
             York
             loseth
             his
             jurisdiction
             over
             the
             Scotish
             Bishops
             113
          
           
             Arrays
             ,
             Commission
             of
             Array
             104
             vide
             War.
             
          
           
             
               Assent
               of
               the
               King
            
             to
             Acts
             of
             Parliament
             ,
             serveth
             onely
             to
             the
             execution
             of
             the
             Law
             ,
             and
             not
             to
             the
             making
             thereof
             13
          
           
             Association
             of
             the
             people
             for
             the
             common
             safety
             ,
             before
             the
             Statute
             enabling
             the
             same
             173.
             
          
        
         
           
             B.
             
          
           
             BAstardy
             ,
             not
             to
             be
             determined
             by
             the
             Ordinary
             ,
             before
             Summons
             to
             the
             pretenders
             of
             Title
             to
             be
             heard
             92
          
           
             Bench
             ,
             the
             Kings
             Bench
             at
             Westminster
             abated
             in
             power
             by
             the
             Commissions
             of
             Oyer
             and
             Terminer
             ,
             and
             Goal-delivery
             54
             ,
             97
          
           
             Benevolence
             ,
             first
             used
             by
             Edward
             the
             Fourth
             108.
             taken
             away
             by
             Richard
             the
             Third
             ibid.
             taken
             up
             again
             by
             Henry
             the
             Seventh
             114
          
           
             Bishops
             ,
             not
             impeachable
             before
             the
             Civil
             Magistrate
             29.
             their
             Temporalties
             to
             be
             neither
             seized
             nor
             wasted
             in
             the
             vacancy
             .
             Vide
             Ordinary
          
           
             Buggery
             made
             Felony
             173.
             
          
        
         
           
             C.
             
          
           
             CAnons
             ,
             their
             power
             anciently
             in
             debate
             37.
             such
             as
             are
             not
             according
             to
             the
             Law
             are
             taken
             away
             138
          
           
             Castles
             and
             Goals
             restored
             to
             the
             Country
             67.
             vide
             Forts
             and
             Fortifications
             .
          
           
             
             Chancery
             ,
             once
             an
             Office
             ,
             afterwards
             a
             Court
             21.
             the
             power
             grows
             by
             Act
             of
             Parliament
             22
             ,
             95.
             the
             manner
             of
             the
             proceedings
             23.
             
             Keeper
             of
             the
             Great
             Seal
             increaseth
             in
             power
             95
          
           
             Chancellour
             elected
             by
             the
             Parliament
             23
          
           
             Cheshire
             made
             a
             Principality
             7
          
           
             Children
             carried
             into
             Cloisters
             remedied
             96
          
           
             Clergie
             ,
             priviledgea
             from
             Arrests
             31.
             discharged
             of
             purveyance
             and
             free
             quarter
             ibid.
             their
             Temporalties
             in
             question
             38.
             the
             Commons
             love
             not
             their
             persons
             86.
             their
             first
             declining
             from
             Rome
             in
             the
             matter
             of
             Provisors
             88.
             they
             gain
             free
             process
             in
             matters
             Ecclesiastical
             112.
             their
             defection
             from
             Rome
             ,
             and
             submission
             to
             the
             Crown
             120
          
           
             
               Clergie
               upon
               Trial
            
             but
             once
             allowed
             151.
             in
             some
             cases
             disallowed
             147
             ,
             173.
             
          
           
             Commissioners
             Ecclesiastical
             167.
             
             High
             Commission
             ibid.
             
          
           
             Conjuration
             ,
             vide
             Witchcraft
          
           
             Conservators
             of
             the
             Truce
             95
          
           
             
               Constables
               Court
            
             ,
             vide
             
               Marshals
               Court
            
          
           
             Convocation
             established
             by
             Parliament
             89.
             it
             then
             undertook
             great
             matters
             ,
             but
             much
             more
             after
             the
             Clergies
             forsaking
             the
             Pope
             134
          
           
             Councils
             ,
             the
             Privy
             Council
             ordered
             by
             Parliament
             13
             ,
             20
             ,
             83.
             of
             use
             for
             sudden
             motions
             16.
             their
             Oaths
             17.
             and
             Jurisdictions
             19.
             and
             power
             83
          
           
             
               Magnum
               Concilium
            
             ,
             or
             the
             grand
             Council
             of
             Lords
             16
          
           
             Crown
             entitled
             not
             by
             Descent
             75
             ,
             162.
             but
             intailed
             75.
             vide
             109.
             
             Womanhood
             138.
             
             Coverture
             139
          
           
             
               Custos
               Regni
            
             ,
             a
             formality
             of
             State
             under
             the
             Parliaments
             Order
             79.
             many
             times
             conferred
             upon
             Children
             80.
             and
             upon
             a
             Woman
             148.
             
          
        
         
           
             D.
             
          
           
             DElegates
             ,
             though
             named
             by
             the
             King
             ,
             yet
             by
             Authority
             of
             the
             Parliament
             133
          
           
             
               Defender
               of
               the
               Faith
            
             122
          
           
             Dispensations
             ,
             Licenses
             ,
             and
             Faculties
             ,
             never
             in
             the
             Crown
             ,
             but
             by
             the
             Parliament
             givent
             to
             the
             Archbishop
             under
             limitations
             137
             ,
             139
          
           
             Duels
             ,
             ordered
             by
             the
             Marshal
             as
             subservient
             to
             the
             Common
             Law
             63.
             
          
        
         
           
             E.
             
          
           
             EDward
             the
             Third
             his
             Reign
             2.
             his
             Title
             upon
             Entry
             by
             Election
             ibid.
             
          
           
             Edward
             the
             Fourth
             his
             Reign
             ,
             though
             had
             Title
             of
             Inheritance
             ,
             yet
             entred
             by
             Election
             106
          
           
             Edward
             the
             Fifth
             approached
             the
             Crown
             by
             Inheritance
             ,
             but
             never
             put
             it
             on
             108
          
           
             Edward
             the
             Sixth
             his
             Reign
             ,
             his
             Title
             and
             Possession
             did
             meet
             ,
             though
             he
             was
             a
             Child
             ,
             and
             his
             Sister
             Mary
             grown
             in
             age
             152
          
           
             
               Ecclesiastical
               power
            
             ,
             vide
             Prelacy
             and
             Prelates
          
           
             Elizabeth
             Queen
             her
             Reign
             155.
             her
             Title
             by
             Election
             163
          
           
             Englishire
             taken
             away
             56
          
           
             Episcopacy
             ,
             vide
             Prelates
             and
             Prelacy
          
           
             Errors
             ,
             vide
             Heresie
          
           
             Exchange
             ordered
             by
             the
             Statute
             38
          
           
             Excommunication
             159.
             the
             Writ
             
               de
               excommunicato
               capiendo
            
             ordered
             169.
             vide
             
               Parliament
               exportation
            
             38.
             
          
        
         
           
             F.
             
          
           
             
               FAlse
               News
            
             punished
             66
          
           
             Felony
             by
             riding
             in
             armed
             Troops
             56
             ,
             66
             ,
             101
             ,
             150
             ,
             174
          
           
             First-fruits
             regulated
             90.
             taken
             away
             from
             Rome
             130
          
           
             Forcible
             entries
             101
          
           
             
               Forts
               ,
               Fortifications
            
             and
             Castles
             ordered
             by
             Parliament
             147
             ,
             171.
             
          
        
         
           
           
             G.
             
          
           
             GOal-delivery
             by
             the
             Judges
             of
             the
             Benches
             54
             ,
             97.
             vide
             Judges
          
           
             Goals
             regulated
             67
             ,
             149
          
           
             Guard
             for
             the
             Kings
             Person
             ,
             
               brought
               in
               by
            
             Henry
             
               the
               Seventh
            
             113
          
           
             Gypsies
             made
             Felons
             174
          
        
         
           
             H.
             
          
           
             HEnry
             the
             Fourth
             his
             Reign
             ,
             doubtful
             in
             his
             Title
             ,
             but
             rested
             upon
             Election
             ,
             chosen
             by
             Parliament
             sitting
             when
             there
             was
             no
             King
             68
             ,
             &c.
             
          
           
             Henry
             the
             Fifth
             his
             Reign
             ,
             his
             Title
             by
             an
             Intail
             by
             the
             Parliament
             70
             ,
             &c.
             
          
           
             Henry
             the
             Sixth
             his
             Reign
             ,
             his
             Title
             by
             the
             Intail
             last
             mentioned
             ;
             though
             a
             Child
             ,
             he
             is
             admitted
             to
             the
             Crown
             72
             ,
             &c.
             
          
           
             Henry
             the
             Seventh
             first
             setled
             a
             constant
             Guard
             ;
             his
             sixfold
             Right
             to
             the
             Crown
             ,
             and
             his
             gaining
             Prerogative
             in
             the
             persons
             and
             Estates
             of
             the
             people
             
               ibid.
               113
               ,
               &c.
            
             
          
           
             Henry
             the
             Eighth
             his
             natural
             endowments
             116
             ,
             &c.
             his
             power
             in
             the
             matters
             Ecclesiastical
             120
             ,
             &c.
             in
             Temporals
             125
             ,
             &c.
             
          
           
             Heresie
             and
             Errour
             in
             Doctrine
             under
             the
             cognizance
             of
             the
             Civil
             Magistrate
             36
             ,
             92.
             not
             punishable
             by
             death
             by
             Law
             till
             Henry
             the
             eighths
             time
             126
             ,
             138.
             the
             Writ
             
               De
               Heretico
               comburendo
            
             hath
             no
             legal
             ground
             in
             any
             of
             those
             former
             Times
             67
             ,
             93
             ,
             95
             ,
             126
             ,
             138
          
           
             Honours
             ,
             vide
             Parliament
          
           
             Hospitals
             ,
             visited
             by
             the
             Pelacy
             90.
             
          
        
         
           
             I.
             
          
           
             IMportation
             42
          
           
             Judges
             of
             Assizes
             97
             ,
             142
          
           
             Jurisdiction
             Ecclesiastical
             not
             originally
             in
             the
             Prelacy
             ,
             nor
             absolutely
             137
          
           
             
               Justices
               of
               the
               Peace
            
             ,
             their
             residency
             and
             quality
             ,
             their
             number
             various
             ,
             their
             work
             also
             62
             ,
             99.
             one
             Justice
             63.
             and
             the
             setling
             of
             their
             Session
             ibid.
             their
             power
             to
             take
             Bail
             149.
             
          
        
         
           
             K.
             
          
           
             KIngs
             ,
             vide
             Parliament
             ,
             Allegiance
             ,
             Supremacy
             ,
             Militia
             .
          
        
         
           
             L.
             
          
           
             LAbourers
             ,
             their
             Work
             and
             Wages
             42.
             ordered
             by
             the
             Justices
             of
             the
             Peace
             63
          
           
             Lancaster
             ,
             the
             Princes
             of
             that
             House
             friends
             to
             the
             Clergie
             in
             policy
             86
          
           
             Laws
             made
             by
             the
             Successors
             of
             Henry
             the
             ▪
             Eighth
             ,
             during
             their
             minority
             annulled
             69.
             
             Ecclesiastical
             Laws
             ,
             vide
             Parliament
          
           
             
               Lieges
               by
               Birth
            
             ,
             though
             not
             born
             within
             the
             Allegiance
             of
             England
             57
          
           
             Liveries
             and
             Tokens
             inhibited
             to
             the
             Lords
             64
             ,
             103.
             and
             limited
             in
             the
             Kings
             person
             ibid.
             means
             of
             jealousie
             between
             the
             King
             and
             his
             people
             143
          
           
             Libels
             in
             the
             Spiritual
             Court
             to
             be
             delivered
             in
             Copies
             upon
             demand
             90
          
           
             Licenses
             ,
             vide
             Dispensations
          
           
             Lords
             ,
             their
             power
             and
             jurisdiction
             in
             the
             Parliament
             14.
             in
             Council
             17
             ,
             142
          
           
             Lunacy
             ,
             no
             impediment
             in
             Trial
             of
             Treason
             151.
             
          
        
         
           
             M.
             
          
           
             MAry
             Queen
             ,
             her
             Reign
             153.
             her
             Title
             by
             Election
             164.
             she
             prejudiced
             her
             Supremacy
             by
             Marriage
             163
          
           
             Marque
             and
             Reprisal
             122
          
           
             Martials
             Court
             62
          
           
             
               Matrimonial
               Causes
            
             after
             the
             Reformation
             by
             Henry
             the
             Eight
             ,
             in
             the
             Cognizance
             of
             the
             Clerge
             by
             leave
             139
          
           
             Militia
             58
             ,
             102
             ,
             143
             ,
             122.
             vide
             War.
             
          
           
             
             Mint
             44
             ,
             84.
             vide
             Parliament
          
           
             Monasteries
             dissolved
             117.
             maintained
             by
             Henry
             the
             Fourth
             86
          
           
             Money
             out
             of
             England
             to
             Rome
             stopped
             32.
             
          
        
         
           
             N.
             
          
           
             
               NAvy
               Royal
            
             ,
             as
             Forts
             for
             the
             publick
             safety
             ,
             maintained
             at
             the
             publick
             charge
             148
          
           
             Nisi
             prius
             98
          
           
             Non-residency
             139
          
           
             Noble
             Ladies
             Trial
             101.
             
          
        
         
           
             O.
             
          
           
             OYer
             &
             Terminer
             54
             ,
             98
          
           
             Ordinary
             not
             to
             be
             questioned
             in
             the
             Civil
             Courts
             for
             things
             under
             Ecclesiastical
             jurisdiction
             28
             ,
             29.
             hath
             cognizance
             of
             Vsury
             28.
             of
             Avoidances
             ,
             Bigamy
             and
             Bastardy
             29.
             grant
             Administration
             30.
             visit
             Hospitals
             ,
             and
             call
             Executors
             to
             account
             90.
             hath
             power
             to
             fine
             and
             imprison
             91
             ,
             141.
             to
             keep
             Courts
             ,
             but
             the
             Authority
             doubtful
             137.
             have
             Cognizance
             of
             the
             Heresie
             91
             ,
             138.
             
             Matrimony
             ,
             Non-residence
             ibid.
             In
             Queen
             
             Elizabeth's
             time
             their
             jurisdiction
             left
             in
             doubt
             168
             ,
             &c.
             
          
           
             
               Oath
               ex
               Officio
            
             first
             brought
             in
             by
             the
             Church-men
             in
             matters
             Ecclesiastical
             92.
             afterwards
             by
             the
             Parliament
             into
             the
             Star-chamber
             ,
             in
             cases
             criminal
             142.
             
          
        
         
           
             P.
             
          
           
             PArdon
             of
             Crimes
             not
             absolutely
             in
             the
             King
             11
          
           
             Parliament
             without
             the
             King
             consisting
             of
             three
             States
             69.
             without
             the
             Clergie
             34
          
           
             Parliaments
             power
             in
             ordering
             of
             the
             Crown
             75
             ,
             133
             ,
             162.
             
          
           
             In
             ordering
             the
             King's
             person
             by
             Protectors
             9.
             vide
             Protector
          
           
             In
             ordering
             their
             Children
          
           
             In
             ordering
             their
             Family
             10
             ,
             75.
             
          
           
             In
             ordering
             their
             Revenues
             10
             ,
             75
             ,
             68.
             
          
           
             In
             ordering
             their
             Council
             83
          
           
             In
             the
             Militia
             :
             vide
             Militia
             and
             War.
             
          
           
             In
             conferring
             places
             of
             Honour
             and
             Trust
             11
             ,
             23
          
           
             In
             ordering
             the
             Mint
             :
             vide
             Mint
             .
          
           
             In
             making
             Ecclesiastical
             Laws
             .
          
           
             Concerning
             Church-Government
             131
             ,
             &c.
             
             121
             ,
             165.
             
          
           
             Concerning
             Doctrine
             123
             ,
             131
             ,
             138
             ,
             &c.
             
          
           
             Concerning
             Worship
             131
          
           
             Concerning
             Church-censures
             140
          
           
             In
             granting
             Licenses
             and
             Dispensations
             137
          
           
             In
             final
             Appeals
             133
          
           
             In
             ordering
             it self
             14
             ,
             76
          
           
             In
             Judicature
             15
             ,
             111
          
           
             Parliament
             not
             inconstant
             ,
             though
             mutable
             110
          
           
             Peace
             ,
             Justices
             and
             their
             Sessions
             62
             ,
             
               &c.
               99
               ,
               &c.
               148
               ,
               &c.
               173
               ,
               &c.
               
            
          
           
             
               penal
               Laws
            
             executed
             to
             get
             money
             108
             ,
             114
          
           
             Pleadings
             in
             English
             57
          
           
             
               Pope's
               power
            
             in
             England
             abated
             33
             ,
             &c.
             vide
             
               Ordinary
               ,
               Supremacy
               ,
               Archbishop
            
          
           
             Prelacy
             not
             favoured
             by
             the
             Canon
             140.
             their
             power
             since
             the
             time
             of
             Queen
             Mary
             166.
             their
             dignity
             and
             power
             distinguished
             28
             ,
             34
          
           
             Priests
             Wages
             41
             ,
             91
          
           
             Praemunire
             and
             Provisors
             32
             ,
             34
             ,
             &c.
             89
          
           
             Proclamations
             made
             equal
             to
             Laws
             125.
             altered
             158
          
           
             Protectors
             ,
             variety
             of
             them
             makes
             a
             doubtful
             Government
             3
             ,
             5
             ,
             72
          
           
             Purveyance
             regulated
             31
             ,
             39
          
        
         
           
             R.
             
          
           
             RAvishment
             consented
             to
             ,
             forfeits
             Joynture
             56
          
           
             
               Request
               Court
            
             established
             by
             Cardinal
             Wolsey
             140
          
           
             Richard
             the
             Second
             his
             Reign
             6.
             endeavours
             to
             over-rule
             the
             Parliament
             ,
             but
             failed
             in
             the
             conclusion
             7
          
           
             Richard
             the
             Third's
             Reign
             108.
             his
             Title
             by
             Vsurpation
             and
             Murther
             ibid.
             
          
           
             
             Riots
             101.
             
          
        
         
           
             S.
             
          
           
             SAnctuaries
             changed
             into
             fewer
             priviledged
             places
             151
          
           
             Servants
             imbezelling
             ,
             Felony
             ibid.
             174
          
           
             Sheriffs
             Courts
             regulated
             149.
             
          
           
             Election
             of
             Sheriffs
             55.
             
             Farm
             of
             the
             County
             98.
             continuance
             in
             service
             ibid.
             Extortion
             ibid.
             
          
           
             Souldiers
             ,
             vide
             War.
             
          
           
             Staple
             42
             ,
             &c.
             111
          
           
             Star-chamber
             19
             ,
             &c.
             141
          
           
             Stealers
             of
             Men
             and
             Women
             Felony
             174
          
           
             Supremacy
             ,
             Supream
             Head
             120.
             certainly
             not
             Absolute
             or
             Arbitrary
             power
             ,
             nor
             a
             Legislative
             power
             166
             ,
             &c.
             
             Supream
             Governour
             159.
             in
             causes
             Ecclesiastical
             
               ibid.
               &c.
            
             in
             Temporal
             ibid.
             
          
        
         
           
             T.
             
          
           
             TEnths
             ,
             and
             First-fruits
             130
          
           
             Torniament
             63
          
           
             Tunnage
             and
             Poundage
             110
          
           
             Trade
             38
             ,
             111
          
           
             
               Treason
               45
               ,
               &c.
            
             by
             Thoughts
             ,
             by
             Marriage
             ,
             and
             counterfeiture
             149
             ,
             150.
             tried
             where
             the
             King
             will
             151.
             
             
               Petty
               Treason
            
             55.
             
          
        
         
           
             W.
             
          
           
             WAles
             subdued
             by
             Henry
             the
             Fourth
             69.
             
             Vnited
             to
             the
             English
             Crown
             by
             Henry
             the
             Eighth
             141
          
           
             War
             by
             advice
             of
             Parliament
             58
             ,
             102.
             
             Levying
             of
             men
             59
             ,
             103
             ,
             145
             ,
             167.
             
             
               Jurati
               &
               obligati
               ad
               arma
            
             ,
             taken
             away
             57.
             
             Arming
             of
             men
             ibid.
             167.
             
             Conduct
             to
             their
             Rendezvouz
             59.
             
             Running
             from
             their
             Colours
             ibid.
             63
             ,
             172.
             plunder
             satisfied
             58.
             
             Their
             pay
             103
             ,
             148
             ,
             169.
             
             Offensive
             and
             Defensive
             167
          
           
             Watches
             enquired
             into
             by
             Justices
             of
             the
             Peace
             101
          
           
             Wickliff
             37
          
           
             Wills
             probate
             90
          
           
             Witchcraft
             made
             Felony
             150
             ,
             174.
             
          
        
         
           FINIS
           .
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A59082-e13490
           
             Caes.
             com
             .
             lib.
             5.
             
          
           
             Tacit.
             Anal.
             14.
             
          
           
             Amian
             .
             lib.
             15.
             
          
           
             Caes.
             com
             .
             lib.
             6.
             
             Tacit.
             
          
           
             Caes.
             com
             .
             lib.
             5.
             
          
           
             Lib.
             6.
             
          
           
             Hieron
             .
          
           
             Caes.
             com
             .
             6.
             
          
           
             Isa.
             42.
             4.
             51.
             5.
             60.
             9.
             66.
             19.
             
          
           
             Tertul.
             adv
             .
             Judaeos
             .
          
           
             Platina
             de
             vit
             .
             Eleuthe
             .
          
           
             Bed●
             l.
             5.
             c.
             25.
             
          
           
             Origen
             .
             hom
             .
             4.
             
             Ezek.
             
          
           
             Psal.
             2.
             3.
             
          
           
             Tacit.
             
          
           
             Vit.
             Agric.
             
          
           
             Tacit.
             vit
             .
             Agric.
             
          
           
             M.
             Westm.
             an
             .
             181.
             
          
           
             M.
             Westm.
             an
             .
             303.
             
          
           
             Cic
             Attic.
             2.
             
          
           
             Concil
             .
             Brit.
             42.
             
          
           
             M.
             Westm.
             An.
             446.
             
             Beda
             .
             Lib.
             1.
             cap.
             17.
             
          
           
             Concil
             .
             Brit.
             p.
             49
             ,
             62
             ,
             382.
             
             Concil
             .
             Brit.
             385
             
          
           
             Gildas
             .
          
           
             Amian
             .
             l.
             16.
             
          
           
             Zossimus
             hist
             ▪
             lib.
             3.
             
          
           
             Amian
             .
             lib.
             28.
             30.
             
          
           
             Suffrid
             .
             Petrus
             Fris.
             antiquit
             .
             lib.
             3.
             cap.
             1.
             
          
           
             Caes.
             Com.
             
          
           
             Histor.
             Germ.
             Plutarch
             .
             vit
             .
             Solon
             .
             &
             Lycurg
             .
          
           
             Albinus
             Sax.
             72.
             
          
           
             Xenophon
             .
          
           
             Tacit.
             
          
           
             Emius
             .
          
           
             Avent
             .
             Anal.
             Bowr
             .
             1.
             10.
             
             Beuter
             .
             in
             Tac.
             125
             
          
           
             Amian
             .
          
           
             Naucler
             .
             505.
             
          
           
             Greg.
             Epist.
             lib.
             5.
             
             Epist.
             59.
             
          
           
             Bed.
             hist.
             lib.
             3.
             cap.
             25.
             
          
           
             Bed.
             hist.
             lib.
             1.
             cap.
             23.
             
          
           
             Lib.
             3.
             cap.
             4.
             
          
           
             Bed.
             hist.
             lib.
             1.
             cap.
             27.
             
          
           
             Lib.
             2.
             cap.
             2.
             
          
           
             Greg.
             Epist.
             l.
             7.
             
             Epist.
             13.
             7.
             
          
           
             Concil
             .
             Brit.
             92.
             
          
           
             Bed.
             hist.
             lib.
             1.
             cap.
             29.
             
          
           
             Bed.
             hist.
             lib.
             1.
             cap.
             25.
             
          
           
             Greg.
             Epist.
             lib.
             Epist.
             59.
             
          
           
             2
             Thes.
             2.
             
          
           
             Bed.
             hist.
             lib.
             2.
             cap.
             2.
             
          
           
             Concil
             Brit.
             fol.
             111.
             
          
           
             Tacit.
             mor.
             Serm.
             
          
           
             Greg.
             Epist.
             ad
             Eulog
             .
          
           
             Concil
             .
             Brit.
             p.
             258.
             
          
           
             An.
             745.
             
          
           
             Mag.
             cent
             .
             3
             cap.
             7.
             
          
           
             Concil
             .
             Brit.
             p.
             190.
             
          
           
             An.
             694.
             
             Ant.
             Brit.
             p.
             55.
             
          
           
             Malmsb.
             lib.
             1.
             cap.
             2.
             
          
           
             Ant.
             Brit.
             p.
             54.
             
          
           
             Ant.
             Brit.
             Concil
             .
             Brit
             133.
             
          
           
             Ant.
             Brit.
             45.
             
             Ibid.
             53.
             
          
           
             Concil
             .
             Brit.
             238
             ,
             246
             ,
             261.
             
          
           
             Mag.
             Cent.
             7.
             cap.
             7.
             
          
           
             Bed.
             hist.
             lib.
             4.
             cap.
             3.
             
          
           
             Concil
             Brit.
             196.
             
          
           
             An.
             697.
             
          
           
             Ibid.
             329.
             
             An.
             816.
             
          
           
             Conc.
             8.
             gen
             .
             Constant.
             can
             .
             14.
             
          
           
             Mag.
             cent
             .
             8.
             cap
             9.
             
          
           
             Concil
             .
             Brit.
             128.
             
          
           
             An.
             693.
             
          
           
             Ll.
             Sax.
             cap.
             37.
             
          
           
             An.
             Aetheist
             .
             cap.
             11.
             
          
           
             Concil
             .
             Brit
             ▪
             Concil
             .
             Brit.
             p.
             197.
             
          
           
             An.
             697.
             
          
           
             Concil
             .
             Brit.
             p.
             576.
             
          
           
             Concil
             .
             Brit.
             p.
             448.
             
          
           
             Ll.
             Aethe●st
             .
             13.
             
             Ibid.
             406.
             
          
           
             Concil
             .
             Brit.
             p.
             273.
             
          
           
             Ll.
             Aethel
             .
             c.
             2.
             
             Ll.
             Canut
             .
             c.
             12.
             
          
           
             Mag.
             cent
             .
             8
             ▪
             cap.
             9.
             
          
           
             Deacons
             .
          
           
             Sub-deacons
             .
          
           
             Acolites
             .
          
           
             Exorcists
             .
          
           
             Concil
             .
             Brit.
             p.
             54.
             
          
           
             Lecturers
             .
          
           
             Ostiaries
             .
          
           
             Concil
             .
             Brit.
             261.
             
          
           
             An.
             750.
             
          
           
             M.
             Paris
             in
             vit
             .
             Eadrick
             .
             Abb.
             
          
           
             An.
             1009.
             
          
           
             Concil
             .
             Brit.
             513.
             
          
           
             Ll.
             Aetheld
             .
             31.
             
          
           
             First-fruits
             
          
           
             Concil
             .
             Brit.
             p.
             185.
             
          
           
             An.
             693.
             
          
           
             Concil
             .
             Brit.
             p.
             545.
             
          
           
             Tythes
             .
          
           
             Concil
             .
             Brit.
             p.
             298.
             
          
           
             An.
             787.
             
          
           
             Concil
             .
             Brit.
             259.
             
          
           
             Ingulfus
             .
             Gest.
             pontif
             .
             Lib.
             2.
             cap.
             2.
             
          
           
             An.
             854.
             
          
           
             Concil
             .
             Brit.
             p.
             392.
             
          
           
             An.
             905.
             
             Ibid.
             527.
             
          
           
             An.
             1009.
             
             Luminaries
             .
          
           
             Concil
             .
             Brit.
             p.
             377.
             
          
           
             Ibid.
             545.
             
             An.
             1032.
             
          
           
             Plough-alms
             .
             An.
             905.
             
          
           
             An.
             1009.
             
          
           
             Soul-shot
             .
          
           
             Concil
             .
             Brit.
             p.
             571.
             
             An.
             1009.
             
          
           
             Glebe
             .
          
           
             Concil
             .
             Brit.
             260.
             
             An.
             750.
             
          
           
             Peter-pence
             .
          
           
             Concil
             .
             Brit.
             p.
             230.
             
             An.
             725.
             
          
           
             Concil
             .
             Brit.
             p.
             311.
             
             An.
             791.
             
          
           
             Ibid.
             313.
             
             An.
             847
             
          
           
             Ibid.
             6.
             1.
             
          
           
             Vit.
             Offae
             .
             19.
             
          
           
             Concil
             .
             Brit.
             p.
             445.
             545.
             
          
           
             Concil
             .
             Brit.
             p.
             621.
             
          
           
             Fox
             Mary●
             .
             p.
             340.
             
          
           
             Brit.
             Ant.
             p.
             18.
             
          
           
             Malms
             .
             gest
             .
             Reg.
             lib.
             1.
             c.
             4.
             
          
           
             Bed.
             hist.
             lib.
             1.
             cap.
             29.
             
          
           
             Malmsb.
             loco
             citat
             .
             Vit.
             Offae
             .
          
           
             Malmsb.
             Concil
             .
             Brit.
             133.
             
          
           
             Antiq.
             Brit.
             
          
           
             Antiq.
             Brit.
             p.
             54.
             
          
           
             M.
             Westm.
             An.
             775.
             
          
           
             Ll.
             Edw.
             conf
             .
             cap.
             31.
             
          
           
             Lindwood
             .
             l.
             1.
             de
             constit
             .
             c.
             1.
             
          
           
             Malmesh
             .
             gest
             .
             pontif
             .
             lib.
             3.
             fo
             .
             263.
             
          
           
             Baronius
             An.
             930.
             
          
           
             Malmesb.
             gest
             .
             pontif
             .
             lib.
             3.
             p.
             263.
             
          
           
             An.
             680.
             
          
           
             Concil
             .
             Brit.
             p.
             191.
             310.
             
             &
             318.
             
          
           
             Ibid.
             316.
             318
             ,
             387.
             
          
           
             Concil
             .
             Brit.
             245.
             317
             ,
             387.
             
          
           
             M.
             Westm.
             An.
             955.
             958.
             
          
           
             Concil
             .
             Brit.
             479.
             
          
           
             Ibid.
             337.
             
          
           
             Ibid.
             319.
             332.
             
          
           
             Concil
             .
             Brit.
             p.
             334.
             
          
           
             Mag.
             cent
             .
             8.
             cap.
             9.
             
          
           
             Heresie
             .
             An.
             446.
             
          
           
             Beda
             .
             hist.
             l.
             1.
             
          
           
             Blasphemy
             .
          
           
             Concil
             .
             Brit.
             p.
             341.
             
             An.
             840.
             
          
           
             Apostacy
             .
          
           
             An.
             314.
             
             Concil
             .
             Brit.
             41.
             
          
           
             Ibid.
             367.
             
          
           
             False
             Worship
             .
          
           
             Canon
             .
             Apost
             .
             cap.
             10.
             
          
           
             Bed.
             hist.
             lib.
             3.
             cap.
             26.
             
          
           
             Mag.
             Cent.
             7.
             cap.
             6.
             
          
           
             Concil
             .
             Brit.
             p.
             306.
             
          
           
             Tacit.
             Mor.
             Germ.
             
          
           
             Concil
             .
             Brit.
             246.
             
             An.
             745.
             
          
           
             Ibid.
             377.
             
          
           
             Ibid.
             405.
             
             An.
             928.
             
          
           
             Perjury
             .
          
           
             Ll.
             Sax.
             fol.
             4.
             
          
           
             An.
             9
             ,
             28.
             
          
           
             Sacriledge
             .
          
           
             Concil
             .
             Brit.
             p.
             127.
             
          
           
             An.
             610.
             
             Ibid.
             265.
             
          
           
             Simony
             .
          
           
             Concil
             .
             Brit.
             163.
             
          
           
             Matrimonial
             Causes
             .
          
           
             Beda
             hist.
             l.
             1.
             cap.
             27.
             
          
           
             Concil
             .
             Brit.
             219.
             
          
           
             Concil
             .
             Brit.
             p.
             427.
             
             An.
             944.
             
          
           
             Bastardy
             .
          
           
             Incest
             .
          
           
             Concil
             .
             Brit.
             p.
             392.
             
             An.
             905.
             
          
           
             Adultery
             .
             Fornication
             .
          
           
             Concil
             .
             Brit.
             p.
             558.
             
          
           
             Tythes
             .
          
           
             Synod
             Durien
             .
             cap.
             7.
             
             An.
             785.
             
          
           
             Rabban
             .
             Epist.
             ad
             Hadubrand
             
          
           
             Concil
             .
             Brit.
             p.
             277.
             
          
           
             Concil
             .
             Brit.
             p.
             254.
             
             An.
             747.
             
          
           
             Malmesb.
             gest
             .
             pontif
             .
             lib.
             3.
             
             An.
             680.
             
          
           
             Bonis
             .
             epist.
             ad
             Cutbertum
             .
             An.
             745.
             
          
           
             Concil
             .
             Brit.
             p
             379.
             
          
           
             Concil
             .
             Brit.
             p.
             248
             ,
             &
             253.
             
             An.
             747.
             
          
           
             Cantab.
             10.
             200
             ,
             263.
             
          
           
             Witik
             in
             gest
             .
             Saxon.
             lib.
             1.
             
          
           
             M.
             Westm.
             An.
             672.
             
          
           
             M.
             Westm.
             An.
             912
             ,
             919.
             
          
           
             Tacit.
             Cragius
             .
          
           
             Mag.
             cent
             .
             8.
             cap.
             2.
             
          
           
             An.
             747.
             
             Tacitus
             .
          
           
             Tacitus
             
          
           
             Concil
             .
             Brit.
             p.
             397.
             
          
           
             Ll.
             Inae
             .
             Lamb.
             
          
           
             Miror
             cap.
             1.
             
             Sect.
             1.
             
          
           
             Wigorn.
             An.
             1016.
             
          
           
             Tacitus
             .
          
           
             Ll.
             Sax.
             Ed.
             cap.
             17.
             
          
           
             M.
             Westm.
             An.
             756.
             758.
             
          
           
             Wigorn.
             An.
             755.
             
          
           
             Concil
             .
             Brit.
             340.
             
          
           
             Tacitus
             .
          
           
             Tacitus
             .
          
           
             Mir.
             101.
             298.
             
          
           
             Ll.
             Edw.
             c.
             4.
             
          
           
             Malmesb.
             gest
             .
             pontif
             .
             lib.
             3.
             gest
             .
             Reg.
             lib.
             1
             cap.
             4.
             
          
           
             M.
             Paris
             An.
             1095.
             
          
           
             Concil
             .
             Brit.
             p.
             614.
             
          
           
             An.
             1066.
             
          
           
             Can●●
             .
             cap.
             67.
             
          
           
             Ll.
             Edw.
             cap.
             35.
             
          
           
             Nitard
             .
             lib.
             4.
             
          
           
             Tacitus
             .
          
           
             Tacitus
             .
          
           
             Tacitus
             .
          
           
             Miror
             .
             cap.
             5.
             
             Sec.
             1.
             
          
           
             Concil
             .
             Brit.
             p.
             333.
             
          
           
             M.
             Westm.
             An.
             854.
             
          
           
             Caes.
             Com.
             lib.
             6.
             
          
           
             Tacitus
             .
          
           
             Lamb.
             in
             4.
             fol.
             72.
             
          
           
             Tacitus
             .
          
           
             Tacitus
             .
          
           
             Tacitus
             .
          
           
             Malmesb.
             gest
             .
             Reg.
             lib.
             2.
             cap.
             9.
             
          
           
             Lib.
             5.
             
             An.
             978.
             
          
           
             Tacitus
             .
          
           
             Tacitus
             .
          
           
             Concil
             .
             Brit.
             126.
             
          
           
             Ll.
             Sax.
             Lamb.
             Cantab.
             fol.
             2.
             
          
           
             Ibid.
             fol.
             22.
             
          
           
             Ibid.
             fol.
             53.
             
          
           
             Concil
             .
             Brit.
             p.
             219.
             
          
           
             Ll.
             Lamb.
             Cantab.
             fol.
             36.
             
          
           
             Ll.
             Edw.
             Lamb.
             Cant.
             fol.
             139.
             
          
           
             Antiq.
             Brit.
             p.
             51.
             
          
           
             Concil
             .
             Brit.
             127.
             
          
           
             Ibid.
             321.
             
          
           
             Ibid.
             332.
             
          
           
             Cap.
             1.
             
             Sec.
             3.
             
          
           
             Sec.
             2.
             
          
           
             Cap.
             4.
             
             Sec.
             11.
             
          
           
             Tacitus
             .
          
           
             Plut.
             Lycurg
             .
             Thucyd.
             lib.
             1.
             de
             Lacedem
             .
          
           
             Tacitus
             .
          
           
             An.
             1158.
             
          
           
             Concil
             .
             Brit.
             p.
             127.
             
          
           
             Ll
             Canut
             .
             p.
             2.
             cap.
             79.
             
          
           
             Ll.
             Ed.
             cap.
             35.
             
          
           
             Ll.
             Sax.
             Lamb.
             p.
             1.
             
          
           
             Concil
             .
             Brit.
             219.
             
          
           
             Ingulfus
             .
          
           
             Mag.
             cent
             .
             8.
             cap.
             9.
             
          
           
             An.
             712.
             
          
           
             Concil
             .
             Brit.
             p.
             189.
             
          
           
             An.
             694.
             
          
           
             Tacitus
             .
          
           
             Ll.
             Ed.
             cap.
             35.
             
          
           
             Tacitus
             .
          
           
             Ll.
             Sax.
             Lamb.
             Cantab.
             10.
             
          
           
             Concil
             .
             Brit.
             p.
             528.
             
          
           
             An.
             1009.
             
          
           
             Tacitus
             .
          
           
             Ll.
             Ed.
             cap.
             35.
             
          
           
             Ll.
             Canut
             .
             c.
             58.
             
          
           
             Seld.
             Tit.
             Hon.
             
          
           
             M.
             Westm.
             An.
             794.
             
          
           
             Sheriffs
             .
          
           
             Ll.
             Edw.
             c.
             35.
             
          
           
             Coroners
             .
          
           
             Miror
             .
             cap.
             1.
             
             Sect.
             13.
             
          
           
             Miror
             .
             p.
             300.
             
          
           
             Fitz
             N.
             Br.
             163
             ,
             164.
             
          
           
             Folkmote
             ,
             or
             County-court
             .
          
           
             Miror
             .
             p.
             147.
             
          
           
             Ll.
             Canut
             .
             Miror
             .
             cap.
             1.
             
             Sec.
             15.
             
          
           
             Miror
             .
             cap.
             5.
             
             Sec.
             1.
             
          
           
             Ll.
             Canut
             .
             Ll.
             Edgar
             .
          
           
             Concil
             .
             Brit.
             p.
             197.
             tit
             .
             22.
             
             Ll.
             Edw.
             cap.
             35.
             
          
           
             Ll.
             Edw.
             cap.
             35.
             
          
           
             Ll.
             Edw.
             cap.
             4.
             
          
           
             Sheriffs
             Torne
             .
          
           
             Miror
             .
             cap.
             1.
             
             Sec.
             16.
             
          
           
             Ll.
             Edgar
             .
             cap.
             5.
             
          
           
             Ll.
             Edw.
             cap.
             35.
             
          
           
             Ll.
             Canut
             .
             p.
             2.
             cap.
             17.
             
          
           
             Tacitus
             .
          
           
             Cluer
             .
             lib.
             1.
             cap.
             19.
             
          
           
             Malmesb.
             Reg.
             gest
             .
             p.
             54.
             
          
           
             Ll.
             Alured
             .
             cap.
             4.
             
          
           
             Ll.
             Edw.
             35.
             
          
           
             Ll.
             Aetheldr
             .
             1.
             
          
           
             Ll.
             Aethelst
             .
             20
             
          
           
             Ll.
             Edw.
             cap.
             32.
             
          
           
             Ll.
             Aetheldr
             .
             cap.
             1.
             
          
           
             Lindenbrog
             .
             Ll.
             Allem
             .
             &
             Saxon.
             
          
           
             Concil
             .
             Brit.
             p.
             273.
             
          
           
             Tacitus
             .
          
           
             Glossar
             .
             155.
             
          
           
             Ll.
             Canut
             .
             c.
             19.
             
          
           
             Ll.
             Edw.
             cap.
             15.
             
          
           
             Ll.
             Canut
             .
             c.
             28.
             
          
           
             Ll.
             Alured
             .
             cap.
             33.
             
          
           
             Ll.
             Canut
             .
             p.
             2.
             cap.
             15.
             
          
           
             Ll.
             Edw.
             c.
             20.
             
          
           
             Concil
             .
             Brit.
             p.
             258.
             
          
           
             Ll.
             Edw.
             Conf.
             
          
           
             Ll.
             Edw.
             cap.
             7.
             
          
           
             Ll.
             Aetheld
             .
             cap.
             3.
             
          
           
             Miror
             .
             cap.
             5.
             
             Sec.
             1.
             
          
           
             Miror
             .
             cap.
             5.
             
          
           
             Infangtheoff
             .
          
           
             Ll.
             Edw.
             cap.
             26.
             
          
           
             Outfangtheoff
             .
          
           
             Bracton
             .
             lib.
             3.
             tract
             .
             2.
             cap.
             35.
             
          
           
             Briton
             .
             cap.
             15.
             
          
           
             Ll.
             Edw.
             cap.
             21.
             
          
           
             Miror
             .
             cap.
             5.
             
             Sec.
             1.
             
          
           
             Bracton
             .
             fol.
             212.
             
          
           
             Fleta
             .
             lib.
             4.
             cap.
             15.
             
          
           
             Ingulfus
             Croyl
             .
          
           
             Gloss.
             1.
             58.
             
             Ll.
             Saxon.
             16
             ,
             17.
             
             Lamb.
             
          
           
             Gloss.
             348.
             
             Ll.
             Canut
             .
             p.
             1.
             cap.
             69.
             
          
           
             Knight-service
             .
          
           
             Tacitus
             .
          
           
             Selden
             .
             Spicil
             .
          
           
             Co.
             Litlet
             .
             75.
             
             Bureus
             .
          
           
             Soccage
             tenure
             .
          
           
             Tacitus
             .
          
           
             Co.
             Litlet
             .
             fol.
             86.
             
          
           
             Ll.
             Edw.
             c.
             33.
             
             Spiceleg
             .
          
           
             Ll.
             Edw.
             c.
             33.
             
          
           
             Court-leet
             .
          
           
             Miror
             .
             p.
             17.
             
          
           
             Lind.
             gloss
             .
             Albin
             .
             Hist.
             Saxon.
             p.
             72.
             
          
           
             F.
             N.
             Br.
             2.
             
          
           
             View
             of
             Frank-pledge
             .
          
           
             Miror
             .
             cap.
             ●
             .
             Sec.
             1.
             
          
           
             Court-Baron
             .
          
           
             Co.
             Instit.
             cap.
             57.
             
          
           
             Ll.
             Edw.
             
          
           
             Selden
             .
             Spicil
             .
             184.
             cap.
             33.
             
          
           
             Tacitus
             .
          
           
             Ll.
             Canut
             .
             c.
             44.
             
             Miror
             .
             cap.
             5.
             
             Sec.
             1.
             
          
           
             Markets
             .
          
           
             Ll.
             Edw.
             cap.
             1.
             
          
           
             Ll.
             Aethelst
             .
             cap.
             12.
             
          
           
             Ll.
             Aethelst
             .
             cap.
             13.
             
             Gloss.
             
          
           
             Ll.
             Canut
             .
             c.
             77.
             
          
           
             Glanvil
             .
             lib.
             6.
             cap.
             6
             ,
             7
             ,
             8.
             
          
           
             Ll.
             Edw.
             c.
             16.
             
          
           
             Miror
             .
             cap.
             5.
             
             Sec.
             2.
             &
             cap.
             1.
             
             Sec.
             3.
             
          
           
             Indictment
             .
          
           
             Lambert
             .
             Ll.
             Inae
             .
             15.
             
          
           
             Ll.
             Inae
             .
             Lam.
             fol.
             7.
             
          
           
             Ll.
             Alured
             .
             c.
             6.
             
          
           
             Miror
             .
             c.
             2.
             
             Sec.
             24.
             
          
           
             Ll
             Edw.
             cap.
             4.
             
          
           
             Miror
             .
             p.
             255.
             
             Gloss.
             335.
             
          
           
             Miror
             .
             cap.
             5.
             
             Sec.
             9.
             
             &
             10.
             
          
           
             Ll.
             Edw.
             cap.
             7.
             
          
           
             Ll.
             Canut
             .
             c.
             45.
             
          
           
             Miror
             .
             cap.
             2.
             
             Sec.
             22.
             
          
           
             Appeal
             .
             Miror
             .
             cap.
             2.
             
             Sec.
             15.
             
          
           
             Miror
             .
             cap.
             2.
             
             Sec.
             23.
             
          
           
             Presentment
             .
          
           
             Miror
             .
             cap.
             2.
             
             Sec.
             24.
             
          
           
             Action
             .
          
           
             Ll.
             Etheldr
             .
             cap.
             20.
             
          
           
             Ll.
             Canu●
             .
             c.
             10
             Lindenbr
             .
             tit
             .
             36.
             
          
           
             Ll.
             Edgar
             .
             c.
             7.
             
          
           
             Miror
             .
             cap.
             5.
             
             Sec.
             1.
             
          
           
             Miror
             cap.
             3.
             
             Sect.
             16.
             
          
           
             Lindenb
             .
             gloss
             .
             Miror
             .
             cap.
             5.
             
             Sect.
             1.
             
          
           
             Torture
             .
          
           
             Miror
             .
             cap.
             5.
             
             Sec.
             1.
             
             Cragius
             .
          
           
             Ordeale
             .
          
           
             An.
             813.
             
             An.
             895.
             
             Ll.
             Aethelst
             .
             Can.
             23.
             
             An.
             928.
             
          
           
             Isa.
             43.
             2.
             
          
           
             Spicil
             .
             Selden
             .
          
           
             Compurgators
             .
          
           
             Ll.
             Edm.
             c.
             16.
             
          
           
             An.
             647.
             
          
           
             Ll
             Canut
             .
             cap.
             5.
             
          
           
             Battle
             .
          
           
             Miror
             .
             cap.
             2.
             
             Sect.
             13.
             
          
           
             Inquest
             .
          
           
             Emmius
             .
          
           
             An.
             675.
             
             Ll.
             Sax.
             Lamb.
             
          
           
             Miror
             .
             cap.
             5.
             
             Sec.
             1.
             
          
           
             Two
             Juries
             .
          
           
             Miror
             .
             cap.
             5.
             
             Sec.
             1.
             
          
           
             Miror
             .
             cap.
             2.
             
             Sec.
             11.
             
          
           
             Medietas
             Linguae
             .
          
           
             Ll.
             Aetheldred
             cap.
             3.
             
             Lamb.
             
          
           
             Peers
             .
          
           
             Ll.
             Alured
             .
             Concil
             .
             Brit.
             fol.
             492.
             
          
           
             26.
             ass
             .
             pl.
             24.
             
          
           
             Ll.
             Inae
             .
          
           
             Ll.
             Canut
             .
          
           
             Ll.
             Inae
             .
             cap.
             22.
             
          
           
             Tacitus
             .
          
           
             Ll.
             Edw.
             
          
           
             Ll.
             Alured
             .
             c.
             1.
             
          
           
             Miror
             .
             cap.
             5.
             
             Sec.
             1.
             
          
           
             Concil
             .
             Brit.
             105
             ,
             251
             ,
             365
             ,
             420.
             
          
           
             The
             first
             Commandment
             .
             Witchery
             .
          
           
             Ll.
             Sax.
             cap.
             6.
             
          
           
             The
             second
             Commandment
             .
          
           
             Concil
             .
             Brit.
             218.
             
          
           
             Concil
             .
             Brit.
             364.
             
          
           
             Ll.
             Canut
             .
             c.
             5.
             
          
           
             The
             third
             Commandment
             .
          
           
             Cent.
             1.
             cap.
             4.
             de
             leg
             .
          
           
             The
             fourth
             Commandment
             .
          
           
             Tacitus
             .
          
           
             Concil
             .
             Brit.
             445
             ,
             446.
             
          
           
             Ibid.
             268
             ,
             377
             ,
             404
             ,
             518
             ,
             546.
             
          
           
             The
             fifth
             Commandment
             .
          
           
             Tacitus
             .
             Treason
             .
          
           
             Miror
             cap.
             2.
             
             Sec.
             11.
             
          
           
             Miror
             cap.
             2.
             
             Sec.
             13.
             
          
           
             Ll.
             Edw.
             c.
             38.
             
             Concil
             .
             Aenham
             .
             26.
             
          
           
             The
             Sixth
             Commandment
             .
          
           
             Man-slaughter
             .
          
           
             Sax.
             Lamb.
             sol
             .
             17
             ,
             18.
             
          
           
             Miror
             .
             cap.
             5.
             
             Sec.
             1.
             
          
           
             Li.
             Alured
             .
             Sax.
             praesace
             Lamb.
             
          
           
             Glossar
             .
             p.
             4.
             
          
           
             Ll.
             Canut
             .
             cap.
             93.
             
          
           
             Tacitus
             .
          
           
             Englishire
             .
          
           
             Stams
             .
             lib.
             1.
             cap.
             10.
             
          
           
             Miror
             .
             cap.
             1.
             
             Sec.
             13.
             
          
           
             Bracton
             lib.
             3.
             tract
             .
             1.
             ca.
             15.
             
          
           
             Breach
             of
             peace
             .
             Batteries
             .
             Maimes
             .
             Imprisonments
             .
          
           
             Alured
             .
             praef
             .
             Lam.
             17.
             
          
           
             Ll.
             Edw.
             c.
             31.
             
          
           
             Ll.
             Sax.
             ca.
             36.
             
          
           
             Ll.
             Inae
             .
             cap.
             6.
             
          
           
             The
             Seventh
             Commandment
             .
          
           
             Baron
             .
             Annal.
             745.
             num
             .
             5.
             
          
           
             Concil
             .
             Brit.
             558.
             
          
           
             Ll.
             Canut
             .
             50.
             reg
             .
             22.
             
          
           
             Incest
             .
          
           
             Ll.
             Sax.
             48.
             reg
             .
             19.
             
          
           
             The
             eighth
             Commandment
             .
          
           
             Lind.
             Ll.
             Aug.
             &
             Sax.
             
          
           
             Ll.
             Sax.
             4.
             reg
             .
             3.
             
             Miror
             .
             26.
             
          
           
             Burning
             of
             Woods
             .
          
           
             Burglary
             .
          
           
             Ll.
             Ed.
             cap.
             6.
             
          
           
             Ll.
             Canut
             .
             p.
             59.
             
          
           
             Trespasses
             .
          
           
             Ll.
             Sax.
             ca.
             36.
             
          
           
             Ll.
             Inae
             .
             5.
             6.
             
          
           
             Ibid.
             c.
             40.
             
          
           
             Ll.
             Sax.
             c.
             36.
             
          
           
             Miror
             .
             p.
             301.
             
          
           
             The
             Ninth
             Commandment
             .
          
           
             Ll.
             Aethelst
             .
             c.
             12.
             
          
           
             Ll.
             Canut
             .
             c.
             5.
             
             Spec.
             Sax.
             l.
             3.
             art
             .
             53.
             
          
           
             Ll.
             Edw.
             c.
             18.
             
          
           
             Miror
             .
             cap.
             5.
             
             Sec.
             1.
             
          
           
             Inheritance
             .
          
           
             Dower
             .
          
           
             Plut.
             vit
             .
             Solon
             .
             Apotheg
             .
             Lacon
             .
          
           
             Ll
             Sax.
             Lamb.
             Edm.
             fol.
             76.
             
          
           
             Ll.
             Sax.
             50.
             
             Reg.
             22.
             
          
           
             Ll.
             Sax.
             Lamb.
             fol.
             14.
             
          
           
             Ll.
             Inae
             .
             ca.
             51.
             
          
           
             Ll.
             Ed.
             Lamb.
             cap.
             7.
             
          
           
             Ll.
             Sax.
             50.
             
             Reg.
             22.
             
          
           
             
               Curtesie
               of
            
             England
             .
          
           
             Ll.
             Alm.
             tit
             .
             92.
             
             Lindenbr
             .
             cod
             .
          
           
             Estate
             tail
             .
          
           
             Ll.
             Ang.
             tit
             .
             6.
             
             Lindenbr
             .
          
           
             Ll.
             Sax.
             tit
             .
             7.
             ibid.
             
          
           
             Concil
             .
             Brit.
             333.
             
          
           
             Ll.
             Alured
             .
             Sax.
             c.
             7.
             
          
           
             Plo.
             com
             .
             251.
             
          
           
             Borough-English
             .
          
           
             Gavel-kind
             .
          
           
             Stephan
             .
             Dan.
             Bureus
             .
             Suel
             .
          
           
             Emmius
             Grec
             .
          
           
             Conveyances
             in
             writing
             .
          
           
             Ll.
             Sax.
             cap.
             31.
             
          
           
             Habendum
             .
             Vse
             .
             Warranty
             .
          
           
             Ll.
             Inae
             .
             c.
             74.
             
          
           
             Ll.
             Sax.
             c.
             24.
             
          
           
             Ll
             Edw.
             c.
             24.
             
             Signed
             .
          
           
             Sealed
             .
             Concil
             .
             Brit.
             p.
             198.
             
          
           
             Witnesses
             .
          
           
             Acknowledgment
             .
          
           
             Livery
             and
             Seisin
             .
             Cragius
             .
          
           
             Concil
             .
             Brit.
             319.
             
          
           
             Concil
             Brit.
             192.
             
          
           
             Last
             Will.
             
          
           
             M.
             Westm.
             An.
             817.
             
          
           
             Malmsb.
             gest
             .
             Reg.
             l.
             2.
             c.
             2.
             
          
           
             Goods
             .
          
           
             F.
             N.
             Br.
             122.
             
          
           
             Miror
             .
             cap.
             4.
             
             Sec.
             16.
             
          
           
             Ll.
             Sax.
             cap.
             10.
             
             Concil
             .
             Brit.
             518.
             
          
           
             Miror
             cap.
             4.
             
             Sect.
             
          
           
             Tacitus
             .
          
           
             Spicileg
             .
          
           
             M.
             Paris
             .
             1.
             
             Ant.
             Brit.
             Eccles.
             96.
             
          
           
             M.
             Paris
             .
             2.
             
          
           
             Hist.
             vit
             .
             Eadm
             .
             ●
             
          
           
             Hoveden
             .
             Eadmer
             .
             Hist.
             l.
             1.
             p.
             13.
             
             M.
             Paris
             .
             vit
             .
             Gulielm
             .
             Malmsb.
             l.
             3.
             fol.
             154.
             
             Wigorn.
             An.
             1066.
             
             Glossar
             .
             Ll.
             Gul.
             Spicil
             .
             190.
             
          
           
             Ll.
             Gul.
             Spicil
             .
             61.
             
          
           
             M.
             Paris
             An.
             1100
             ,
             1213.
             
             Stat.
             7.
             
             E.
             1.
             
          
           
             Ll.
             Gulielm
             .
             Spicil
             .
             59.
             
          
           
             William
             Rufus
             .
          
           
             Eadmer
             .
             Hist.
             Wigorn.
             M.
             Paris
             .
          
           
             M.
             Paris
             .
             An.
             1088.
             
          
           
             Henry
             first
             .
          
           
             Math.
             1100.
             
             Eadmer
             .
             Speed.
             
          
           
             Math.
             Paris
             .
          
           
             Spicileg
             .
             p.
             5.
             
          
           
             Spicil
             .
             167.
             
             Fox
             .
             Mart.
             l.
             4.
             
          
           
             Ll.
             Gulielm
             .
             c.
             58.
             
             Spicil
             .
          
           
             Antiq.
             Brit.
             fol.
             110.
             
          
           
             Baron
             .
             Annal.
             An.
             1070.
             
          
           
             Ll.
             Gulielm
             .
             c.
             55.
             
          
           
             Bede
             Hist.
             l.
             3.
             c.
             30.
             
          
           
             Ll.
             Edw.
             c.
             3.
             
          
           
             Spicil
             .
             167.
             
             Fox
             .
             Mart.
             l.
             4.
             
          
           
             Spicil
             .
             164.
             
             Baron
             .
             Annal.
             An.
             1068.
             
          
           
             Eadmer
             .
             Hist.
             l.
             1.
             p.
             25.
             
          
           
             Eadmer
             .
             Hist.
             p.
             6.
             
             &
             24.
             
             Spicil
             .
             163.
             
          
           
             Epist.
             ad
             Pascal
             .
             p.
             p.
             
          
           
             Conten
             .
             Wigorn.
             An.
             1127.
             
          
           
             Ll.
             Gulielm
             .
             c.
             20.
             
             Spicil
             .
             180.
             
          
           
             Eadmer
             .
             Hist.
             p.
             6.
             
             Ll.
             H.
             1.
             cap.
             5.
             
          
           
             Eadmer
             .
             Hist.
             l.
             2.
             p.
             53.
             &
             l.
             3.
             &
             l.
             4.
             
             Eadmer
             .
             Hist.
             l.
             1.
             &
             l.
             5.
             
             Wigorn.
             An.
             1128.
             
             Spicil
             .
             142.
             
          
           
             Eadm
             .
             l.
             4.
             p.
             95
             ,
             96.
             
          
           
             Spicil
             .
             165.
             
          
           
             Ll.
             Hen.
             1.
             
             ●
             .
          
           
             Greg.
             Epist.
             l.
             9.
             
          
           
             Eadmer
             .
             Hist.
             l.
             4.
             p.
             95.
             
          
           
             County-courts
             .
          
           
             E●dmer
             .
             Hist.
             l.
             4.
             p.
             96.
             
          
           
             Ll.
             Hen.
             1.
             c.
             6.
             
          
           
             Ll.
             Gulielm
             .
             cap.
             41
             ,
             &
             42.
             
          
           
             Ll.
             Gulielm
             .
             cap.
             64.
             
          
           
             Ibid.
             c.
             64.
             
          
           
             Ll.
             Hen.
             1.
             c.
             7.
             
          
           
             Spicil
             .
             19●
             .
          
           
             Stigand
             .
          
           
             Hundred-court
             .
          
           
             Ll.
             Hen.
             1.
             c.
             ●●
             
          
           
             Ll.
             Gulielm
             .
             cap.
             41.
             
          
           
             Ll.
             Hen.
             1.
             c.
             7.
             
          
           
             Ll.
             Gulielm
             .
             cap.
             41.
             
          
           
             Ll.
             Guliem
             .
             cap.
             42.
             
          
           
             Ll.
             Hen.
             1.
             c.
             64.
             
          
           
             Ll.
             Hen.
             1.
             c.
             ●
             .
          
           
             Courts
             of
             Towns
             and
             Mannors
             .
          
           
             Ll.
             Hen.
             1
             ,
             c.
             7.
             
          
           
             Decenners
             .
          
           
             Ll.
             Gulielm
             .
             cap.
             64.
             
          
           
             Ll.
             Hen.
             1.
             c.
             8.
             
          
           
             Ll.
             Gulielm
             .
             cap.
             55.
             
          
           
             Statutum
             est
             eis
             &
             illis
             à
             nobii
             datum
             &
             concessum
             per
             commune
             concilium
             totius
             Regni
             Nostri
             .
          
           
             Ll.
             Gulielm
             .
             c.
             42
             ,
             &
             45.
             
          
           
             Gloss.
             227.
             
             Camb.
             Brit.
             Norsf
             .
          
           
             Ll.
             Gulielm
             .
             c.
             15.
             
          
           
             Ll.
             Aethelst
             c.
             6
             
          
           
             Ll.
             Aetheldr
             .
             c.
             22.
             
          
           
             Ll.
             Hen.
             1.
             
          
           
             Ll.
             Gulielm
             .
             c.
             65.
             
             &
             66.
             
          
           
             Ll.
             Gulielm
             .
             cap.
             66.
             
          
           
             Ll.
             Gulielm
             .
             65.
             
          
           
             First
             and
             second
             Commandments
             .
          
           
             Ll.
             Gulielm
             .
             cap.
             51.
             
          
           
             Ll.
             Hen.
             1.
             c.
             75.
             
          
           
             Ll.
             Gulielm
             .
             5.
             18.
             
             &c.
             20.
             
          
           
             Ll.
             Hen.
             1.
             c.
             10.
             
          
           
             3.
             
          
           
             Ll.
             Gulielm
             .
             cap.
             1.
             
          
           
             4.
             
             Commandement
             .
          
           
             Ll.
             Hen.
             1.
             c.
             10
             
          
           
             6.
             
             Commandement
             .
          
           
             Ll.
             Gulielm
             .
             cap.
             67.
             
          
           
             Ibid.
             
          
           
             Miror
             .
             254.
             
             Ll.
             Gulielm
             .
             c.
             8.
             10
             ,
             12
             ,
             13
             ,
             &c.
             
          
           
             Ll.
             Gulielm
             .
             cap.
             3.
             
          
           
             Ll.
             Hen.
             1.
             c.
             10.
             
          
           
             Ll.
             Gulielm
             .
             cap.
             53.
             
          
           
             Ll.
             Gulielm
             .
             cap.
             26.
             
          
           
             Ll.
             Gulielm
             .
             cap.
             56.
             
          
           
             Ll.
             Gulielm
             .
             cap.
             46.
             
          
           
             Ll.
             Hen.
             1.
             c.
             8.
             
          
           
             7.
             
             Commandement
             .
          
           
             Ll.
             Gulielm
             .
             cap.
             14.
             
          
           
             Ll.
             Hen.
             1.
             c.
             10.
             
          
           
             Ll.
             Gul.
             c.
             19.
             
          
           
             8.
             
             Commandement
             .
          
           
             Ll.
             Gulielm
             .
             cap.
             4.
             
          
           
             Glanv
             .
             l.
             6.
             c.
             6.
             
             Hovedon
             .
          
           
             9.
             
             Commandement
             .
          
           
             Ll.
             Gulielm
             .
             c.
             57.
             
          
           
             Ll.
             H●n
             .
             1.
             c.
             10.
             
          
           
             Ll.
             Gulielm
             .
             cap.
             6.
             
          
           
             Ll.
             Gulielm
             .
             c.
             42.
             
          
           
             Ll.
             Gulielm
             .
             c.
             43.
             
          
           
             Ll.
             Gulielm
             .
             c.
             60.
             
          
           
             Ibid.
             c.
             61.
             
          
           
             Ll.
             Gulielm
             .
             c.
             7.
             
          
           
             Ll.
             Gulielm
             .
             c.
             36.
             
          
           
             Ll.
             Hen.
             1.
             
          
           
             1.
             
             Relief
             .
             M.
             Paris
             .
             An.
             1100.
             
             &
             1213.
             
          
           
             Ll.
             Gulielm
             .
             c.
             1●
             ▪
             
          
           
             Ibid.
             c.
             23.
             
          
           
             Ibid.
             c.
             24.
             
          
           
             Ll.
             Gulielm
             .
             c.
             29.
             
          
           
             Marriage
             .
          
           
             Dower
             .
          
           
             Lindenburg
             .
             Concil
             .
             Aenham
             .
             c.
             19.
             
             Ll.
             Edm.
             
          
           
             Miror
             .
             fol.
             20.
             
          
           
             cap.
             4.
             
          
           
             Wardship
             .
          
           
             M.
             Paris
             .
          
           
             Ll.
             Canut
             .
             37.
             
          
           
             Asser.
             Menev.
             
          
           
             cap.
             5.
             
          
           
             Acquittal
             .
          
           
             Ll.
             Hen.
             1.
             c.
             5.
             
          
           
             Ll.
             Hen.
             1.
             
             M.
             Paris
             .
          
           
             Miror
             .
             fol.
             261.
             
          
           
             Miror
             .
             fol.
             254.
             
          
           
             Miror
             .
             fol.
             141.
             
          
           
             Ll.
             Hen.
             1.
             c.
             5.
             
          
           
             Miror
             .
             cap.
             2.
             
             Sec.
             7.
             
          
           
             Ll.
             Gulielm
             .
             c.
             57.
             
          
           
             Ll.
             Gulielm
             .
             cap.
             59.
             
          
           
             Ll.
             Hen.
             1.
             c.
             13.
             
          
           
             Ll.
             Gulielm
             .
             cap.
             61.
             
          
           
             Ll.
             Hen.
             1.
             c
             ,
             13.
             
          
           
             M.
             West
             .
             An.
             1072.
             
             Ll.
             Gulielm
             .
             cap.
             55.
             
          
           
             Hovedon
             l.
             6.
             
          
           
             Ingulfus
             512.
             
          
           
             Gloss.
             217.
             
          
           
             Lib.
             7.
             cap.
             3.
             
          
           
             Littlet
             .
          
           
             Ingulfus
             .
          
           
             M.
             Paris
             .
             fragm
             .
             Gulielm
             .
          
           
             Hoveden
             .
          
           
             Steven
             .
          
           
             Henry
             2d
             .
          
           
             Hoveden
             .
             348.
             
          
           
             Richard
             
               the
               First
            
             .
          
           
             M.
             Paris
             .
          
           
             John.
             
          
           
             M.
             Paris
             .
             An.
             1215.
             
          
           
             Hoveden
             .
             443.
             375.
             
             Nubr
             .
             lib.
             4.
             cap.
             14.
             
          
           
             Hoveden
             .
             An.
             1175.
             
          
           
             Ibid.
             
          
           
             M.
             Paris
             .
             An.
             1155.
             
          
           
             Constit.
             at
             Clarindon
             .
          
           
             cap.
             1.
             
          
           
             cap.
             2.
             
          
           
             cap.
             3.
             
          
           
             cap.
             4.
             
          
           
             cap.
             5.
             
          
           
             Constit.
             at
             Clarindon
             .
          
           
             Constit.
             at
             Clarindon
             .
          
           
             cap.
             6.
             
          
           
             Constit.
             at
             Clarindon
             .
          
           
             cap.
             7.
             
          
           
             M.
             Paris
             .
          
           
             cap.
             8.
             
          
           
             Constit.
             at
             Clarindon
             .
          
           
             vid.
             cap.
             
          
           
             cap.
             9.
             
          
           
             cap.
             10.
             
          
           
             Constit.
             at
             Clarindon
             .
          
           
             cap.
             11.
             
          
           
             Constit.
             at
             Clarindon
             .
          
           
             cap.
             12.
             
          
           
             cap.
             13
             ,
             14.
             
          
           
             Constit.
             at
             Clarindon
             .
             cap.
             15.
             
          
           
             cap.
             16.
             
          
           
             Antiq.
             Brit.
             302.
             
          
           
             Fox
             .
             An.
             1179.
             
          
           
             M.
             Paris
             .
             An.
             1167.
             
          
           
             Baronius
             Annal
             .
             1164.
             
             Sec.
             11.
             
          
           
             M.
             Paris
             .
             An.
             1176.
             
          
           
             M.
             Westm.
             An.
             1127.
             
          
           
             Antiq.
             Brit.
             150.
             ibid.
             155●
             
          
           
             Ibid.
             127.
             
          
           
             Gloss.
             
          
           
             Ll.
             Hen.
             1.
             c.
             24.
             
          
           
             Hoveden
             .
          
           
             Hoveden
             .
          
           
             Hoveden
             .
             137.
             
          
           
             Ibid.
             445.
             
          
           
             Hoveden
             .
             An.
             1184.
             
          
           
             Co.
             jurisd
             .
             c.
             33
             
          
           
             Hoveden
             .
             Glanvil
             .
             l.
             14.
             c.
             7.
             
          
           
             Glanv
             .
             lib.
             1.
             cap.
             2.
             
          
           
             Idem
             .
             lib.
             9
             ,
             &
             10.
             
          
           
             Heresie
             .
          
           
             Hoveden
             .
             585.
             
          
           
             Nubrig
             .
             lib.
             2.
             cap.
             13.
             
          
           
             Decret
             .
             Papae
             Alexand.
             
          
           
             Hoveden
             .
             585.
             
          
           
             Apostacy
             .
          
           
             Bracton
             ,
             lib.
             3.
             cap.
             9.
             
          
           
             Treason
             .
          
           
             Lib.
             1.
             cap.
             2.
             
          
           
             Lib.
             10.
             c.
             1.
             
          
           
             Felonies
             .
          
           
             Ll.
             Hen.
             1.
             c.
             25.
             
          
           
             Ll.
             Hen.
             1.
             c.
             79.
             
          
           
             Glanv
             .
             lib.
             7.
             cap.
             17.
             
          
           
             Manslaughter
             .
             Glanv
             .
             lib.
             14.
             cap.
             1.
             
             &
             3.
             
          
           
             Robbery
             .
          
           
             Ll.
             Gulielm
             .
             4.
             
             Spicil
             .
             174.
             
             Glanv
             .
             lib.
             14.
             cap.
             1.
             
          
           
             Fauxonry
             .
             Glanv
             .
             lib.
             14.
             cap.
             7.
             
          
           
             Glanvil
             .
             lib.
             7.
             cap.
             1.
             
             Ibid.
             c.
             5.
             
          
           
             Ll.
             Hen.
             1.
             c.
             88.
             
          
           
             Vide
             Glanv
             .
             l.
             7.
             c.
             9.
             
          
           
             Glanvil
             .
             lib.
             13.
             cap.
             33.
             
          
           
             Glanvil
             .
             〈◊〉
             c.
             4.
             
          
           
             Lit.
             lib.
             2.
             c.
             5.
             
          
           
             Glanvil
             .
             lib.
             9.
             cap.
             1.
             
             Lib.
             7.
             cap.
             10.
             
          
           
             Glanvil
             .
             lib.
             9.
             cap.
             1.
             
          
           
             Ibid.
             cap.
             4.
             
          
           
             Ibid.
             c.
             8.
             
          
           
             Glanv
             .
             l.
             9.
             c.
             8.
             
          
           
             Ibid.
             
          
           
             Glanv
             .
             7.
             10.
             
             Ibid.
             c.
             12.
             
          
           
             M.
             Paris
             .
             An.
             1216.
             
             Hoveden
             .
             An.
             1199.
             
             Malmsb.
             nov
             .
             l.
             1.
             
          
           
             Malmsb.
             l.
             3.
             
          
           
             Glanvil
             .
             l.
             7.
             cap.
             1.
             
             &
             5.
             
          
           
             Ll.
             Gulielm
             .
             cap.
             61.
             
          
           
             M.
             Paris
             .
             An.
             1181.
             
             Hoved.
             An.
             1181.
             
          
           
             Decret
             .
             Alex.
             Pap.
             Hoveden
             .
             fol.
             587.
             
             Glanv
             .
             l.
             7.
             cap.
             5.
             
             &
             16.
             
          
           
             Ll.
             Edw.
             37.
             
          
           
             Glanv
             .
             l.
             7.
             c.
             6.
             cap.
             8.
             
          
           
             Hoveden
             .
             1181.
             
          
           
             M.
             Paris
             .
             An.
             1216.
             
          
           
             M.
             Paris
             .
             An.
             1223.
             
          
           
             M.
             Paris
             .
             An.
             1223
             ,
             1224.
             
          
           
             M.
             Paris
             An.
             1253.
             
          
           
             〈…〉
             
          
           
             Dan.
             〈◊〉
             .
             1258.
             
          
           
             Edward
             1.
             
          
           
             Walsing
             .
             46.
             
          
           
             M.
             Westm.
             An.
             1276.
             
          
           
             M.
             Westm.
             Polyd.
             virg
             .
          
           
             Walsing
             .
             69.
             
          
           
             25
             Edw.
             1.
             
          
           
             Edward
             2.
             
          
           
             1
             Edw.
             2.
             
          
           
             Prerog
             .
             Reg.
             17
             Edw.
             2.
             
          
           
             Stat.
             de
             Homag
             .
          
           
             Stat.
             Templar
             .
          
           
             M.
             Paris
             .
             An.
             1227.
             
          
           
             M.
             Paris
             .
             720.
             
          
           
             M.
             Paris
             .
          
           
             M.
             Paris
             .
          
           
             Vid.
             Addit
             .
             Baronius
             Annal
             .
             1306.
             
          
           
             2.
             
          
           
             11.
             
          
           
             12.
             
             &
             33.
             
          
           
             13.
             
          
           
             15.
             
          
           
             17.
             
          
           
             20.
             
          
           
             21.
             
          
           
             28.
             
          
           
             40.
             
          
           
             29.
             
          
           
             31.
             
          
           
             35.
             
          
           
             36.
             
          
           
             37.
             
          
           
             38.
             
          
           
             49.
             
          
           
             50.
             
          
           
             Marlbr
             .
             c.
             29.
             
          
           
             Fits.
             Abbe
             .
             25.
             
          
           
             Marlbr
             .
             c.
             10
             
          
           
             Gloss.
             p.
             428.
             
          
           
             Ll.
             Hen.
             1.
             c.
             31.
             
          
           
             West
             .
             1.
             cap.
             1.
             
          
           
             West
             .
             1.
             cap.
             2●
             
          
           
             Co.
             2.
             instit
             .
             164.
             
          
           
             Stams
             .
             130.
             
          
           
             M.
             Paris
             .
             addit
             .
             fol.
             200
             ,
             206
             ,
             207.
             
          
           
             Briton
             .
             4.
             f.
             11.
             
          
           
             Bracton
             ,
             lib.
             3.
             fol.
             123.
             
          
           
             West
             .
             1
             ▪
             c.
             5.
             
          
           
             West
             .
             2.
             c.
             19.
             
          
           
             Antiq.
             Brit.
             194.
             
          
           
             Circumspecte
             agaits
             .
          
           
             Circumspect●
             agatis
             .
          
           
             Ll.
             Gulielm
             .
             c.
             14
             ,
             19
             ,
             371.
             
          
           
             M.
             Paris
             addit
             .
             fol.
             201.
             art
             .
             2●●
             
          
           
             Circumspecte
             agatis
             .
          
           
             Coke
             lib.
             8.
             
          
           
             Antiq.
             Brit.
             vit
             .
             Winchelsie
             .
          
           
             Baronius
             Annal
             .
             an
             .
             1306.
             
          
           
             Antiq.
             Brit.
             
          
           
             Articuli
             Cleri
             .
          
           
             Stat.
             de
             consultat
             .
             14.
             
             E.
             1.
             
          
           
             cap.
             ●
             .
          
           
             Ll.
             Alfred
             .
             c.
             9.
             
             Ll.
             Edw.
             c.
             9.
             
             Ll.
             Canut
             .
             c.
             8.
             
          
           
             Ll.
             Gul.
             20.
             c.
             Spicileg
             .
             180.
             
          
           
             Binius
             ,
             Tom.
             7
             fol.
             661.
             
             An.
             1173.
             
          
           
             Articuli
             Cleri
             .
          
           
             Baronius
             ,
             Annal.
             1222.
             cap.
             19.
             
          
           
             cap.
             2.
             
          
           
             Artic.
             1.
             
          
           
             cap.
             3.
             
          
           
             Articuli
             Cleri
             .
          
           
             Fits.
             Herb.
             7
             Hen.
             3.
             prohibition
             30.
             
          
           
             cap.
             4.
             
          
           
             cap.
             5.
             
          
           
             Bineus
             Tom.
             7.
             661.
             
          
           
             Ll.
             E.
             c.
             8.
             
             &
             9.
             
             
               Articuli
               Cler●
               ▪
            
          
           
             cap.
             6.
             
          
           
             cap.
             7.
             
          
           
             cap.
             8.
             
          
           
             Articuli
             Cleri
             .
          
           
             cap.
             9.
             
          
           
             cap.
             01.
             
          
           
             cap.
             11.
             
          
           
             cap.
             12.
             
          
           
             Articuli
             .
             Cleri
             .
          
           
             cap.
             13.
             
          
           
             cap.
             14.
             
          
           
             cap.
             15.
             
          
           
             cap.
             16.
             
          
           
             7
             E.
             2.
             
             Fits.
             tit
             .
             forfaiture
             34.
             
          
           
             Stat.
             de
             asport
             .
             relig
             .
             35.
             
             E.
             1.
             
          
           
             Mag.
             Charta
             cap.
             35.
             
          
           
             Stat.
             de
             prisis
             Edw.
             2.
             
          
           
             Stat.
             de
             Quo
             Warranto
             .
             18
             Edw.
             1.
             
          
           
             Mag.
             Charta
             cap.
             37.
             
          
           
             Bracton
             ,
             lib.
             1.
             fol.
             13.
             
          
           
             Coke
             2.
             
             Instit.
             super
             Magna
             charta
             ,
             cap.
             36.
             p.
             74.
             
             &
             75.
             
          
           
             Bracton
             .
             lib.
             2.
             cap.
             10.
             fo
             .
             27.
             
          
           
             Stat.
             West
             .
             2.
             cap.
             33.
             
          
           
             Stat.
             de
             Religiosis
             7
             E.
             1.
             
          
           
             Stat.
             de
             Amortizandis
             terris
             .
          
           
             M.
             West
             .
             An.
             1280.
             
             Mag.
             Charta
             cap.
             39.
             
          
           
             Miror
             .
             Just.
             cap.
             5.
             sec.
             3.
             
          
           
             Malmsb.
             de
             gest
             .
             Reg.
             lib.
             2.
             
          
           
             Ll.
             Ed.
             cap.
             9.
             
          
           
             Bracton
             ,
             lib.
             3.
             cap.
             7.
             fo
             .
             106.
             
          
           
             Antiq.
             Brit.
             Eccles.
             209.
             
          
           
             Regist.
             fo
             .
             36.
             
          
           
             Stat.
             Bigam
             .
             4
             Ed.
             1.
             cap.
             5.
             
          
           
             General
             Councils
             .
          
           
             Bineus
             tom
             .
             13
             Ps.
             2.
             p.
             674.
             
             M.
             Paris
             .
          
           
             M.
             Paris
             .
             An.
             1245.
             
          
           
             Bineus
             tom
             .
             3.
             
             P.
             2.
             pag.
             913
             &
             tom
             .
             4.
             p.
             1.
             pag.
             21.
             
          
           
             Fox
             Mart.
             P.
             2.
             263.
             
          
           
             Antiq.
             Brit.
             Eccles.
             fol.
             209
             
          
           
             30
             ass
             .
             pl.
             5.
             
          
           
             Hoveden
             .
             An.
             1179.
             
          
           
             M.
             Paris
             .
             An.
             1245.
             
          
           
             Spicil
             .
             215.
             
          
           
             Synods
             .
          
           
             Rot.
             Pariiam
             .
             18
             H.
             3.
             num
             ,
             17.
             
          
           
             Stat.
             Merton
             cap.
             9.
             
          
           
             A●tiq
             .
             Brit.
             
          
           
             Mag.
             Charta
             .
          
           
             cap.
             2.
             
          
           
             cap.
             ●
             .
          
           
             cap.
             4.
             
             Vide
             Stat.
             de
             Wardis
             ,
             28
             E.
             1.
             
          
           
             Glanv
             .
             lib.
             6.
             c.
             1
             ,
             &
             4.
             
          
           
             Stat.
             Marlb
             .
             c.
             6
             ,
             &
             7.
             
          
           
             Stat.
             Marlb
             .
             cap.
             16.
             and
             Prerog
             .
             Reg.
             c.
             3.
             
          
           
             Prerog
             .
             Reg.
             c.
             13.
             
          
           
             Mag.
             Charta
             .
          
           
             cap.
             6.
             
          
           
             Stat.
             Gloc.
             c.
             5.
             
          
           
             Stat.
             de
             vasto
             .
             20
             E.
             1.
             
          
           
             Artic.
             sup
             .
             cart
             .
             c.
             18.
             
          
           
             cap.
             7.
             
          
           
             Tacitus
             mor.
             Germ.
             
          
           
             Mag.
             Charta
             .
          
           
             Stat.
             Merton
             .
             cap.
             6.
             
          
           
             cap.
             7.
             
          
           
             W.
             1.
             c.
             22.
             
          
           
             West
             .
             2.
             c.
             16.
             
          
           
             cap
             8.
             
          
           
             Vide.
             Stat.
             Merton
             .
             cap.
             1.
             
             &
             2.
             
          
           
             Prerog
             .
             Reg.
             cap
             4.
             
          
           
             Mag.
             Charta
             .
          
           
             cap.
             9.
             
             Glanv
             .
             lib.
             7.
             cap.
             12.
             
          
           
             cap.
             10.
             
          
           
             cap.
             11.
             
          
           
             Mag.
             Char.
             
          
           
             Seld.
             Spicil
             .
             fol.
             192.
             
          
           
             cap.
             12.
             
          
           
             Glanvil
             .
             lib.
             12.
             cap.
             9.
             
          
           
             Mag.
             Char.
             
          
           
             Stat.
             Marlb
             .
             cap.
             1.
             
          
           
             Glanvil
             .
             lib.
             9.
             cap.
             1.
             
             &
             8.
             
          
           
             Gloss.
             215.
             
          
           
             Glanvil
             .
             lib.
             9.
             cap.
             8.
             
             Stat.
             Marlb
             .
             cap.
             2
             ,
             3
             ,
             4
             ,
             15.
             
          
           
             Ll.
             Inae
             .
          
           
             Marlb
             .
             c.
             21.
             
             Glanvil
             .
             lib.
             12.
             cap.
             12.
             
          
           
             Mag.
             Chart.
             
          
           
             Mircr
             .
             cap.
             5.
             
             Sect.
             3.
             
          
           
             Distric
             .
             Scac.
             Artic.
             Mag.
             Cart.
             cap.
             12.
             
          
           
             West
             .
             1.
             c.
             16.
             
          
           
             Marlb
             .
             cap.
             4.
             
             Distric
             .
             Scac.
             
          
           
             Artic.
             sup
             .
             Cart.
             cap.
             12.
             
          
           
             Marlb
             .
             cap.
             9.
             
          
           
             cap.
             22.
             
          
           
             cap.
             13.
             
          
           
             Capitales
             Just.
             nostri
             .
          
           
             Marlb
             .
             cap.
             20.
             
          
           
             cap.
             14.
             
          
           
             Westm.
             c.
             51.
             
          
           
             Stat.
             Gloc.
             c.
             6.
             
          
           
             Conjunct
             .
             feofat
             .
             An.
             34.
             
             E.
             1.
             
          
           
             cap.
             15.
             
          
           
             West
             .
             2.
             c.
             30.
             
          
           
             cap.
             16.
             
          
           
             Marlb
             .
             cap.
             19.
             
          
           
             Westm.
             1.
             c.
             6.
             
          
           
             Miror
             .
             cap.
             5.
             sect
             .
             4.
             
          
           
             cap.
             17.
             
             &
             18.
             
          
           
             Miror
             .
             cap.
             5.
             sect
             .
             2.
             
          
           
             cap.
             19.
             
          
           
             Ll.
             Hen.
             1.
             c.
             8.
             
             Glanvil
             .
             lib.
             1.
             cap.
             2.
             
          
           
             cap.
             20.
             
          
           
             Glanvil
             .
             lib.
             7.
             cap.
             5.
             
          
           
             Glanvil
             .
             lib.
             7.
             cap.
             16.
             
          
           
             Coke
             Instit.
             2.
             page
             33.
             
          
           
             cap.
             21.
             
          
           
             West
             .
             1.
             c.
             7.
             
          
           
             Artic.
             super
             cart
             .
             cap.
             2.
             
          
           
             West
             .
             1.
             c.
             32.
             
          
           
             Artic.
             super
             cart
             .
             cap.
             2.
             
          
           
             cap.
             22.
             
          
           
             cap.
             23.
             
          
           
             cap.
             24.
             
          
           
             Instit.
             2.
             
          
           
             Bract.
             lib.
             3.
             fol.
             137.
             
          
           
             Prerog
             .
             Reg.
             cap.
             16.
             
          
           
             Prerog
             .
             Reg.
             cap.
             14.
             
             Fits.
             2.
             
             E.
             ●
             .
             Tit.
             Eschea
             .
             11.
             
          
           
             cap.
             25.
             
          
           
             cap.
             26.
             
          
           
             cap.
             27.
             
          
           
             Ll.
             Edgar
             .
             c.
             8.
             
          
           
             cap.
             28.
             
          
           
             West
             .
             1.
             c.
             11.
             
          
           
             Glocest.
             cap.
             9.
             
          
           
             West
             .
             2.
             c.
             29.
             
          
           
             Mag.
             Charta
             .
             cap.
             29.
             
          
           
             Glanv
             .
             lib.
             7.
             cap.
             9.
             
          
           
             cap
             30.
             
          
           
             Bracton
             f.
             106.
             
          
           
             Seld.
             super
             Hengham
             .
          
           
             cap.
             31.
             
          
           
             cap.
             32.
             
          
           
             
               Mag.
               Char.
            
             Concil
             .
             Brit.
             299.
             
          
           
             Ibid.
             623.
             
             Glanvil
             .
             lib.
             7.
             cap.
             16.
             
          
           
             M.
             Paris
             .
             An.
             1229.
             
             Merton
             cap.
             5.
             
          
           
             Stat.
             de
             Judais
             .
             An.
             18.
             
             E.
             1.
             
          
           
             cap.
             33.
             
          
           
             cap.
             34.
             
          
           
             Perog
             .
             Reg.
             cap.
             7.
             
          
           
             20
             ass
             .
             pl.
             17.
             
          
           
             18
             Edw.
             1.
             
             West
             .
             3.
             c.
             1.
             
          
           
             cap.
             35.
             
          
           
             cap.
             36.
             
          
           
             Mag.
             Chart.
             West
             .
             1.
             c.
             14.
             
          
           
             West
             .
             2.
             c.
             13.
             
          
           
             cap.
             36.
             
          
           
             Merton
             .
             c.
             10.
             
          
           
             West
             .
             1.
             c.
             33.
             
          
           
             Marlb
             .
             c.
             10.
             
          
           
             Ibid.
             
          
           
             Artic.
             sup
             .
             cart
             .
             cap.
             13
             ,
             14
             Stat.
             de
             vicecom
             .
             An.
             9.
             
             E.
             2.
             
          
           
             Mag.
             Chart.
             
          
           
             cap.
             37.
             
          
           
             cap.
             38.
             
          
           
             M.
             Paris
             .
          
           
             M.
             Paris
             .
             An.
             1214
             ,
             1215.
             
          
           
             25
             Edw.
             1.
             c.
             6.
             
          
           
             34
             Edw.
             1.
             c.
             1.
             
          
           
             West
             .
             1.
             c.
             36.
             
          
           
             Hoveden
             .
             44.
             
             ●
             .
          
           
             Mag.
             Charta
             .
          
           
             Gloss.
             tit
             .
             Baron
             .
          
           
             Walsing
             .
             An.
             1297.
             
          
           
             Mag.
             Chart.
             
          
           
             M.
             Paris
             .
             An.
             1227.
             
          
           
             Marlb
             .
             c.
             5.
             
          
           
             Prerog
             .
             Reg.
             cap.
             9.
             
          
           
             cap.
             10.
             
          
           
             Bract.
             lib.
             5.
             cap.
             20.
             
          
           
             Lib.
             1.
             c.
             10.
             
          
           
             Prerog
             .
             Reg.
             cap.
             11.
             
          
           
             West
             .
             1.
             c.
             4.
             
          
           
             Marlb
             .
             c.
             17.
             
          
           
             Bracton
             ,
             lib.
             2.
             cap.
             3●
             .
          
           
             Merton
             .
             c.
             1.
             
          
           
             cap.
             2.
             
             Bracton
             ,
             lib.
             2.
             cap.
             40.
             
          
           
             West
             .
             2.
             c.
             24.
             
          
           
             M.
             Paris
             addit
             .
             Artic.
             44.
             
          
           
             Westm.
             c.
             36.
             
          
           
             West
             .
             2.
             c.
             29.
             
          
           
             Ibid.
             c.
             30.
             
          
           
             Fleta
             .
             Artic.
             sup
             .
             cart
             .
             c.
             15.
             
          
           
             5
             E.
             4.
             sol
             .
             129.
             
          
           
             Artic
             sup
             .
             cart
             .
             c.
             3.
             
          
           
             Stat.
             Glou●
             .
             c.
             8.
             
          
           
             West
             .
             1.
             c.
             23.
             
          
           
             Coroners
             .
             West
             .
             1.
             c.
             10.
             
          
           
             Sheriffs
             .
             Artic.
             sup
             .
             cart
             .
             c.
             9.
             
          
           
             Mirror
             .
             cap.
             1.
             sec.
             3.
             
          
           
             Stat.
             de
             vic
             .
             9
             E.
             2.
             
          
           
             Chancemedly
             .
          
           
             Robbery
             .
          
           
             Rape
             .
             West
             .
             1.
             c.
             13.
             
          
           
             West
             .
             2.
             c.
             34.
             
          
           
             Antiq.
             Brit.
             fol.
             197.
             
          
           
             
               Concealment
               of
               Felons
            
             .
             West
             .
             1.
             c.
             9.
             
          
           
             West
             .
             1.
             c.
             3.
             
          
           
             Defamed
             Felons
             .
          
           
             West
             .
             1.
             c.
             1.
             
          
           
             Miror
             .
             cap.
             1.
             sec.
             9.
             
          
           
             Briton
             cap.
             4.
             sec.
             24.
             
          
           
             Glanvil
             .
             lib.
             10.
             cap.
             1.
             
          
           
             Bail.
             West
             .
             1.
             c.
             15.
             
          
           
             Glanv
             .
             lib.
             14.
             cap.
             1.
             
          
           
             Addit
             .
             M.
             Paris
             .
          
           
             Spreaders
             of
             false
             News
             .
             West
             .
             1.
             c.
             34.
             
          
           
             33
             Edw.
             1.
             
          
           
             Merton
             .
             c.
             3.
             
          
           
             Marlb
             .
             c.
             8.
             
          
           
             West
             .
             2.
             c.
             26.
             
          
           
             Trespssers
             upon
             Parks
             .
             West
             .
             1.
             c.
             10.
             
          
           
             Merton
             .
             c.
             11.
             
          
           
             An.
             21.
             
             Ed.
             1.
             
          
           
             Tacitus
             .
          
           
             Walsing
             .
             f.
             69.
             
             &
             71.
             
          
           
             Stat.
             Mort.
             7
             Edw.
             1.
             
          
           
             Stat.
             de
             Militib●s
             .
          
           
             Concil
             .
             Brit.
             406.
             
          
           
             21
             E.
             1.
             rot
             .
             81.
             
          
           
             23
             E.
             1.
             
             Memb.
             5.
             
          
           
             Tacitus
             .
          
           
             52
             Hen.
             3.
             
             Marlb
             .
             cap.
             25.
             
          
           
             Miror
             .
             cap.
             2.
             
             Sect.
             9.
             
          
           
             Mag.
             Charta
             cap.
             19.
             
          
           
             Glocest.
             cap.
             8.
             
             West
             .
             1.
             cap.
             3.
             
          
           
             Stat.
             Wint.
             13
             Edw.
             1.
             
          
           
             Coke
             Inst.
             4.
             p.
             176.
             
          
           
             Hen.
             1.
             cap.
             58.
             
          
           
             Stat.
             Wint.
             13
             Edw.
             1.
             cap.
             1.
             
          
           
             cap.
             2.
             
          
           
             cap.
             3.
             
          
           
             M.
             Paris
             in
             Addit
             .
             &
             post
             .
             Adversar
             .
          
           
             cap.
             4.
             
          
           
             cap.
             5.
             
          
           
             36
             Hen.
             3.
             
             M.
             Paris
             .
             post
             adversaria
             .
             Hoveden
             .
          
           
             M.
             Paris
             .
             An.
             1213.
             
          
           
             Hoveded
             .
             Hen.
             2.
             
             M.
             Paris
             addit
             .
          
           
             M.
             Paris
             post
             adversaria
             .
          
           
             M.
             Paris
             .
             An.
             1253
             ,
             &
             1256.
             
          
           
             M.
             Paris
             .
             An.
             1253.
             
          
           
             Ll.
             Gulielm
             .
             58.
             
          
           
             Ll.
             Aethelst
             .
             cap.
             16.
             
          
           
             Huntington
             .
             An.
             1008.
             
             Ll.
             Canut
             .
             97.
             
          
           
             Lipsius
             de
             milit
             .
             Rom.
             lib.
             3.
             
             Dialog
             .
             6.
             
          
           
             Tacirus
             .
          
           
             Cluer
             .
             Germ.
             p.
             339.
             34.
             
          
           
             M.
             Paris
             .
             fol.
             916.
             
          
           
             M.
             Paris
             .
             fol.
             864.
             
          
           
             Vid.
             post
             .
             Adversaria
             .
             M.
             Paris
             .
          
           
             Cap.
             penult
             .
          
           
             Bracton
             ,
             lib.
             ●●
             cap.
             16.
             
          
           
             Miror
             .
             Just
             ▪
             P.
             9.
             
          
           
             Edw.
             2.
             
          
           
             Remonst
             .
             Parliament
             .
             novem
             .
             l.
             2.
             
             An.
             1642.
             
          
        
         
           Notes for div A59082-e87790
           
             Antiq.
             Brit.
             
          
           
             Rich.
             2.
             
          
           
             The.
             lib.
             4.
             c.
             21
             
          
           
             Hist.
             Eccles.
             Ang.
             
          
           
             Antiq.
             Brit.
             262.
             
          
           
             11
             Rich.
             2.
             n
             8.
             13.
             
          
           
             21
             Rich.
             2.
             cap.
             9.
             
          
           
             21
             Rich.
             2.
             cap.
             3.
             
          
           
             1
             E.
             3.
             
             Stat.
             1.
             
          
           
             9
             Rich.
             2.
             n.
             31.
             
          
           
             11
             Rich.
             2.
             n.
             23.
             
          
           
             5
             Rich.
             2.
             n.
             17
             ,
             18.
             
          
           
             2
             Rich.
             2.
             n.
             12.
             
          
           
             9
             Rich
             2.
             n.
             4.
             or
             41.
             
          
           
             14
             E.
             3.
             n.
             6.
             
          
           
             27
             E.
             3.
             n.
             8.
             
          
           
             9
             R.
             2.
             n.
             40.
             
          
           
             15
             E.
             3.
             n.
             16.
             
          
           
             14
             E.
             3.
             cap.
             ●0
             
          
           
             25
             E.
             3.
             n.
             16.
             
          
           
             1
             E.
             3
             v●t
             .
             1.
             
          
           
             1
             Rich.
             2.
             n.
             48.
             
          
           
             25
             E.
             3.
             
             Provisor
             .
          
           
             21
             E.
             3.
             n.
             64.
             
          
           
             3
             Rich.
             2.
             n.
             38.
             
          
           
             2
             Rich.
             2.
             n.
             38.
             
          
           
             15
             E.
             3.
             n.
             6
             ,
             7.
             
          
           
             1
             E.
             3.
             
             Vet.
             1.
             
          
           
             15
             E.
             3.
             cap.
             3.
             
          
           
             11
             Rich.
             2.
             n.
             11
             ,
             12
             ,
             15
             ,
             17.
             
          
           
             5
             Rich.
             2.
             n.
             8
             ,
             12
             ,
             13.
             
          
           
             10
             E.
             3.
             cap.
             2
             
          
           
             14
             E.
             3.
             c.
             15.
             
          
           
             2
             E.
             3.
             cap.
             2.
             
          
           
             13
             Rich.
             2.
             
             St.
             2.
             cap.
             1.
             
          
           
             11
             Rich.
             2.
             n.
             3.
             6.
             
          
           
             21
             Rich.
             2.
             n.
             35.
             
          
           
             14
             E.
             3.
             n.
             55.
             
          
           
             50
             E.
             3.
             n.
             10.
             
          
           
             1
             Rich.
             2.
             n.
             51
             
          
           
             3
             Rich.
             2.
             n.
             34.
             
          
           
             5
             Rich.
             2.
             n.
             17
             ,
             18
             ,
             28.
             
          
           
             6
             Rich.
             2.
             n.
             19.
             
          
           
             37
             E.
             3.
             n.
             34.
             
          
           
             1
             Rich.
             2.
             n.
             5.
             
          
           
             5
             Rich.
             2.
             n.
             75
             
          
           
             15
             E.
             3.
             c.
             3.
             
          
           
             Antiq.
             Brit.
             Eccles.
             
          
           
             15
             E.
             3.
             50.
             
          
           
             15
             E.
             3.
             c.
             1.
             15
             
             E.
             3.
             c.
             3
             ,
             4.
             
          
           
             14
             E.
             3.
             c.
             5.
             
          
           
             Walsing
             .
             An.
             1315.
             
          
           
             4.
             
             E.
             3.
             c.
             14.
             
          
           
             36
             E.
             3.
             c.
             10.
             
          
           
             1
             Rich.
             2.
             c.
             4.
             
          
           
             12
             Rich.
             2.
             c.
             12.
             
          
           
             16
             Edw.
             3.
             
             Memb.
             5.
             in
             Dors.
             
          
           
             27
             E.
             3.
             stat
             .
             2.
             28
             
             E.
             3.
             c.
             13.
             
          
           
             Mag.
             Chart.
             Vet.
             
          
           
             22
             Ass.
             pl.
             52.
             
          
           
             41
             E.
             3.
             
             Rot.
             Claus.
             16
             Rich.
             2.
             
             Memb.
             11.
             in
             Dors.
             
          
           
             Fleta
             ,
             li.
             2.
             cap.
             34.
             
          
           
             38
             E.
             3.
             
             Rot.
             Pat.
             Ps.
             1.
             
             Memb.
             13.
             39.
             
             E.
             3.
             
             Ps.
             1.
             
             M.
             13.
             12
             
             E.
             3.
             
             Rot.
             claus
             .
             Memb.
             8.
             in
             Dors.
             2
             Rich.
             2.
             
             Rot.
             Pat.
             Ps.
             1.
             12
             
             Rich.
             2.
             cap.
             12.
             43.
             
             Ass.
             Pl.
             38.
             
          
           
             Co
             Inst.
             4.
             c.
             5.
             22
             
             Ass.
             pl.
             75.
             
          
           
             13
             Rich.
             2.
             12.
             
             Tit.
             Prohibition
             .
          
           
             5
             E.
             3.
             c.
             9.
             
          
           
             37
             E.
             3.
             c.
             17.
             
          
           
             25
             E.
             3.
             c.
             4
             ,
             5.
             42
             
             E.
             3.
             c.
             3
             &
             4.
             
          
           
             1
             Rich.
             2.
             n.
             87
             
          
           
             Fabian
             Vit.
             Hen.
             3.
             
             Anno
             1141.
             
          
           
             43
             Ass.
             pl.
             38.
             
          
           
             43
             Ass.
             pl.
             38.
             
          
           
             Mirror
             .
             cap.
             4.
             
             Sect.
             2.
             
             Fleta
             ,
             lib.
             2.
             cap.
             13.
             
          
           
             Fleta
             ,
             lib.
             2.
             c.
             13.
             
             Sect.
             8.
             
          
           
             Instit.
             4.
             c.
             8.
             fol.
             78.
             
          
           
             4
             E.
             3.
             c.
             12.
             9
             
             E.
             3.
             cap.
             1.
             14
             
             E.
             3.
             c.
             5.
             
          
           
             27
             E.
             3.
             c.
             26.
             36
             
             E.
             3.
             c.
             9.
             &
             cap.
             13.
             
          
           
             12
             R.
             2.
             c.
             12.
             27
             
             E.
             3.
             c
             24.
             
          
           
             22
             Ass.
             pl.
             25.
             
          
           
             Bro.
             scire
             fac
             .
             154.
             24
             
             E.
             3.
             73.
             
          
           
             43
             Ass.
             pl.
             32
             24
             E.
             3.
             pl.
             35.
             39
             
             E.
             3.
             fo
             .
             14.
             21
             
             E.
             3.
             fo
             .
             47.
             
          
           
             43
             Ass.
             pl.
             35.
             
          
           
             37
             E.
             3.
             c.
             17.
             
          
           
             38
             E.
             3.
             c.
             9.
             
          
           
             17
             Rich.
             2.
             c.
             6.
             
          
           
             43
             Ass.
             pl.
             32.
             
          
           
             15
             E.
             3.
             n.
             10.
             15.
             
          
           
             15
             E.
             3.
             c.
             3.
             10
             
             Rich.
             2.
             n.
             16.
             10.
             
          
           
             Instit.
             4.
             cap.
             22.
             fol.
             142.
             
             &
             144.
             
          
           
             Gloss.
             fol.
             16.
             
          
           
             15
             Rich.
             2.
             c.
             3.
             
             Dier
             .
             15
             ,
             &
             16.
             
             El.
             mic
             .
             pl.
             2.
             8
             
             E.
             3.
             
             Coron
             .
             199.
             
          
           
             13
             Rich.
             2.
             c.
             5
             
          
           
             15
             Rich.
             2.
             c.
             5
             
          
           
             25
             Rich.
             2.
             c.
             3
             
          
           
             2
             Rich.
             2.
             c.
             4.
             
          
           
             25
             E.
             3.
             
             Stat.
             6.
             
          
           
             15
             E.
             3.
             cap.
             6.
             
          
           
             22
             Ass.
             pl.
             70.
             45
             
             E.
             3.
             24.
             
             Fis
             .
             consultat
             .
             5.
             
          
           
             31
             E.
             3.
             cap.
             4.
             25
             
             E.
             3.
             
             Stat.
             3.
             cap.
             9.
             
          
           
             15
             E.
             3.
             c.
             5.
             
          
           
             Miror
             .
             Just.
             cap.
             5.
             
             Sect.
             1.
             51
             
             H.
             3.
             petit
             .
             cleri
             .
             Artic.
             16.
             50
             
             E.
             3.
             n.
             158.
             6
             
             Rich.
             2.
             n.
             57
             14
             Rich.
             2.
             n.
             24.
             
          
           
             Instit.
             3.
             c.
             70.
             6
             
             E.
             3.
             coram
             Rege
             ,
             Rot.
             130
             Porff
             .
          
           
             25
             E.
             3.
             c.
             8.
             pro
             clero
             .
          
           
             18
             E.
             3.
             c.
             2.
             15
             
             E.
             3.
             
             Stat.
             2.
             9
             
             Rich.
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             c.
             4.
             
          
           
             Bro.
             quar
             .
             imp
             .
             85.
             
          
           
             8
             E.
             3.
             cap.
             8.
             
          
           
             18
             E.
             3.
             c.
             1.
             
          
           
             14
             E.
             3.
             c.
             2.
             
          
           
             25
             E.
             3.
             c.
             6.
             
          
           
             44
             E.
             3.
             fol.
             35
             ,
             36.
             
             Per
             Thorpe
             .
             7
             H.
             4.
             fol.
             41.
             
             Per
             Gascoign
             .
          
           
             3●
             E.
             3.
             c.
             11.
             
          
           
             West
             .
             2.
             c.
             19.
             
          
           
             5
             E.
             3.
             cap.
             5.
             
          
           
             1
             Rich.
             2.
             c.
             15
             
          
           
             14
             E
             3.
             
             Stat.
             3
             cap.
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             West
             .
             1.
             cap.
             1.
             
             Stat.
             de
             prisis
             .
          
           
             1
             Rich.
             2.
             c.
             3.
             
          
           
             4
             E.
             3.
             c.
             6.
             5
             
             E.
             3.
             c.
             3.
             
          
           
             Rot.
             Parl.
             10.
             
             E.
             3.
             
             Arch.
             Reg.
             18
             E.
             3.
             tit
             .
             38.
             
             Fox
             .
             388.
             25
             
             E.
             3.
             
             Stat.
             5.
             cap.
             22.
             
             Fox
             .
             Sect.
             1.
             
          
           
             27
             E.
             3.
             c.
             1.
             
          
           
             Antiq.
             Brit.
             Eccles.
             247.
             
          
           
             21
             E.
             3.
             fol.
             40.
             
          
           
             38
             E.
             3.
             c.
             1.
             
          
           
             Rot.
             Parl.
             51.
             
             E.
             3.
             tit
             .
             35.
             
          
           
             3
             Rich.
             2.
             c.
             3.
             
          
           
             7
             Rich.
             2.
             c.
             13.
             12
             
             Rich.
             2.
             c.
             15.
             
          
           
             13
             Rich.
             2.
             
             Stat.
             cap.
             21.
             
          
           
             16
             Rich.
             2.
             c.
             5.
             
          
           
             Antiq.
             Brit.
             
          
           
             2
             Rich.
             2.
             c.
             7.
             
          
           
             Antiq.
             Brit.
             ●72
             .
          
           
             15
             E.
             3.
             
             Stat.
             3.
             cap.
             6.
             
          
           
             Antiq.
             Brit.
             23.
             
             Co.
             
          
           
             25
             E.
             3.
             
             Rot.
             Palm
             .
             22.
             n.
             15.
             
          
           
             51
             E.
             3.
             n.
             46
             ,
             47.
             
          
           
             Antiq.
             Brit.
             
          
           
             5
             Rich.
             2.
             
             Stat.
             2.
             c.
             5.
             
          
           
             6
             Rich.
             2.
             
             Artic.
             52.
             
          
           
             4
             E.
             3.
             c.
             4.
             14
             
             E.
             3.
             c.
             19.
             34
             
             E.
             3.
             cap.
             2.
             36
             
             E.
             3.
             c.
             2
             ,
             5
             ,
             6.
             
          
           
             14
             E.
             3.
             c.
             1.
             24
             
             E.
             3.
             c.
             6.
             
             &
             15.
             
          
           
             4
             E.
             3.
             c.
             4.
             14
             
             E.
             3.
             c.
             19.
             36
             
             E.
             3.
             c.
             3.
             4
             
             E.
             3.
             cap.
             3.
             28
             
             E.
             3.
             c.
             12.
             
          
           
             36
             E.
             3.
             c.
             2.
             
          
           
             5
             E.
             3.
             cap.
             6.
             
          
           
             25
             E.
             3.
             c.
             11.
             
          
           
             2
             E.
             3.
             c.
             9.
             
          
           
             27
             Rich.
             2.
             c.
             3.
             
          
           
             ●
             E.
             3.
             c.
             2
             ,
             3
             ,
             5.
             
          
           
             31
             E.
             3
             c.
             8.
             
          
           
             43
             E.
             3.
             c.
             1.
             
          
           
             11
             E.
             3.
             c.
             2
             ,
             3.
             
          
           
             27
             E.
             3.
             c.
             4.
             
          
           
             7
             Rich.
             2.
             c.
             9.
             
          
           
             17
             Rich.
             2.
             c.
             2.
             
          
           
             50
             E.
             3.
             c.
             7.
             
          
           
             36
             E.
             3.
             c.
             8.
             
          
           
             23
             &
             25
             E.
             3.
             
          
           
             2
             Rich.
             2.
             c.
             8.
             
          
           
             27
             E.
             3.
             
          
           
             27
             E.
             3.
             
          
           
             43
             E.
             3.
             c.
             1.
             
          
           
             5
             Rich.
             2.
             c.
             3.
             
          
           
             6
             Rich.
             2.
             c.
             8.
             
          
           
             14
             Rich.
             2.
             c.
             5.
             
          
           
             31
             E.
             3.
             c.
             8.
             
          
           
             43
             E.
             3.
             c.
             1.
             
          
           
             12
             R.
             2.
             c.
             16.
             
          
           
             14
             R.
             2.
             c.
             11.
             
          
           
             25
             E.
             3.
             stat
             .
             5.
             cap.
             13.
             
          
           
             6
             E.
             3.
             c.
             2.
             
             &
             3.
             
          
           
             6
             E.
             3.
             c.
             2
             ,
             3.
             
          
           
             17
             Rich
             2.
             c.
             1.
             
          
           
             27
             E.
             3.
             
          
           
             18
             E.
             3.
             c.
             6.
             
          
           
             18
             E.
             3.
             c.
             6.
             
          
           
             25
             E.
             3.
             stat
             .
             5.
             c.
             12.
             
          
           
             Cic.
             partit
             .
             Orat.
             Si
             quis
             majestatem
             populi
             Romani
             minuisset
             ,
             Tacit.
             An.
             1.
             
          
           
             25
             E.
             3.
             stat
             .
             5.
             c.
             2.
             
          
           
             17
             R.
             2.
             n.
             20
             ,
             21.
             
          
           
             3
             R.
             2.
             n.
             18.
             
          
           
             22
             Ass.
             pl.
             29.
             
             Stat.
             11
             R.
             2.
             
          
           
             11
             Co.
             fo
             .
             88.
             
          
           
             8
             Co.
             fo
             .
             20.
             
          
           
             4
             Co.
             fo
             .
             35.
             
          
           
             7
             Co.
             fo
             .
             36.
             
          
           
             35
             H.
             6.
             63.
             
          
           
             Act.
             14.
             19.
             
          
           
             14
             E.
             3.
             
             Stat.
             4.
             
          
           
             2
             E.
             3.
             c.
             2.
             
             ●
             7.
             
          
           
             4
             E.
             3.
             c.
             12
             ,
             &
             15.
             
          
           
             2
             E.
             3.
             c.
             4.
             
          
           
             4
             E.
             3.
             c.
             4.
             
          
           
             1
             Rich.
             2.
             c.
             11.
             
          
           
             28
             E.
             3.
             c.
             6.
             
          
           
             14
             E.
             3.
             c.
             7.
             
          
           
             Miror
             Just.
             c.
             2.
             sect
             .
             13.
             21
             
             E.
             3.
             fol.
             17.
             b.
             
          
           
             25
             E.
             3.
             c.
             2.
             
          
           
             14
             E.
             3.
             c.
             4
             
          
           
             6
             Rich.
             2.
             c.
             6.
             
          
           
             5
             E.
             4.
             fol.
             58.
             
          
           
             17
             E.
             3.
             n.
             19.
             
          
           
             25
             E.
             3.
             
             Stat.
             2.
             
          
           
             42
             E.
             3.
             c.
             10.
             
          
           
             36
             E.
             3.
             c.
             1●
             .
          
           
             13
             E
             3.
             n.
             15
             17
             ,
             18
             ,
             37
             ,
             38.
             
          
           
             14
             E.
             3.
             n.
             14
             ,
             15
             ,
             16
             ,
             19
             ,
             42
             ,
             53.
             
          
           
             20
             E.
             3.
             n.
             14.
             
          
           
             ●
             E.
             3.
             c.
             15.
             
          
           
             4
             E.
             3.
             c.
             5.
             
          
           
             1
             E.
             3.
             cap.
             5.
             
             Stat.
             2.
             
          
           
             25
             E.
             3.
             
             Stat.
             5
             cap.
             8.
             
          
           
             Fol
             418.
             
          
           
             Par.
             Rot.
             3
             E.
             3.
             n.
             18.
             
          
           
             Regist
             fol.
             192
             a.
             
          
           
             4
             E.
             3.
             cap.
             5.
             
          
           
             50
             E
             3.
             n.
             62.
             
          
           
             1
             E.
             3.
             c.
             7.
             
          
           
             18
             E.
             3.
             c.
             7.
             
          
           
             14
             E.
             3.
             
             Stat.
             2.
             cap.
             1.
             
          
           
             1
             E.
             3.
             
             Stat.
             2.
             cap.
             5.
             
          
           
             13
             E.
             3.
             n.
             18.
             
          
           
             ●0
             E.
             3.
             n.
             14.
             
          
           
             1
             E.
             3.
             
             Stat.
             2.
             cap.
             5.
             
          
           
             Fol.
             422.
             
          
           
             Fol.
             7.
             b.
             
          
           
             12
             H.
             7.
             c.
             1.
             2
             
             E.
             6.
             c.
             2.
             
          
           
             7
             H.
             4.
             
             Protect
             .
             100.
             
          
           
             44
             E.
             4.
             fol.
             12.
             
          
           
             12
             H.
             4.
             7.
             32
             
             H.
             6.
             fol.
             4.
             17
             
             H.
             6.
             
             Protect
             .
          
           
             19
             H.
             6.
             35.
             
          
           
             Bract.
             li.
             2.
             fol.
             36
             ,
             &
             37.
             
          
           
             13
             Rich.
             2.
             
             Stat.
             1.
             c.
             20.
             8
             
             Rich.
             2.
             n.
             31
             
          
           
             8
             Rich.
             2.
             c.
             5.
             
             Regist.
             fo
             .
             191.
             2.
             
          
           
             50
             E.
             3.
             n.
             33.
             n.
             161.
             3
             
             R.
             2.
             n.
             27.
             
          
           
             Gloss.
             129.
             
          
           
             1
             E.
             3.
             c.
             16.
             
          
           
             1
             E.
             3.
             n.
             5.
             
          
           
             17
             E.
             3.
             n.
             m.
             
          
           
             1
             E.
             3.
             c.
             6.
             
          
           
             18
             E.
             3.
             c.
             2.
             
          
           
             34
             E.
             3.
             c.
             1.
             
          
           
             12
             R.
             2.
             c.
             10.
             
          
           
             14
             R.
             2.
             c.
             12.
             
          
           
             2
             E.
             3.
             c.
             3.
             
          
           
             4
             E.
             3.
             c.
             2.
             
          
           
             8
             E.
             3.
             n.
             67.
             
          
           
             18
             E.
             3.
             c.
             2.
             
          
           
             17
             R.
             2.
             c.
             10.
             
          
           
             25
             E.
             3.
             
          
           
             Stat.
             1.
             c.
             7.
             
          
           
             34
             E.
             3.
             c.
             11.
             
          
           
             42
             E.
             3.
             c.
             6.
             
          
           
             34
             E.
             3.
             c.
             5
             ,
             6.
             
          
           
             14
             R.
             2.
             c.
             12.
             
          
           
             13
             R.
             2.
             c.
             8.
             cap.
             13.
             
          
           
             14
             R.
             2.
             c.
             4.
             
          
           
             16
             R.
             2.
             c.
             4.
             
          
           
             17
             R.
             2.
             c.
             9.
             
          
           
             15
             R.
             2.
             c.
             2.
             
          
           
             4
             E.
             3.
             c.
             1.
             
          
           
             6
             R.
             2.
             c.
             4.
             
          
           
             2
             R.
             2.
             c.
             6.
             
          
           
             12
             R.
             2.
             c.
             11.
             
          
           
             1
             R.
             2.
             c.
             7.
             
          
           
             16
             R.
             2.
             c.
             4.
             
          
           
             2
             E.
             3.
             c.
             3.
             
          
           
             7
             R.
             3.
             c.
             13.
             
          
           
             20
             R.
             2.
             c.
             1.
             
          
           
             13
             R.
             2.
             c.
             15.
             
          
           
             Walsing
             .
          
           
             2
             H.
             4.
             cap.
             12.
             
          
           
             4
             H.
             4.
             cap.
             26
             ,
             32.
             &
             cap.
             19
             ,
             20
             ,
             28
             ,
             31.
             
          
           
             Hist.
             Eccles.
             Ang.
             618.
             
          
           
             Henry
             
               the
               Fifth
            
             .
          
           
             Antiq.
             Brit.
             
          
           
             Walsing
             .
          
           
             Antiq.
             Brit.
             285.
             
          
           
             Henry
             
               the
               Sixth
            
             .
          
           
             Comin
             .
             lib.
             1.
             cap.
             7.
             
          
           
             Comin
             .
             lib.
             3.
             cap.
             8.
             
          
           
             7
             H.
             4.
             cap.
             2.
             
          
           
             8
             H.
             4.
             n.
             38.
             
          
           
             39
             H.
             6.
             n.
             18.
             
          
           
             1
             H.
             6.
             n.
             12
             ,
             13.
             
          
           
             6
             Hen.
             6.
             n.
             22.
             
          
           
             1
             H.
             6.
             n.
             2.
             4.
             
          
           
             9
             H.
             4.
             n.
             21.
             
          
           
             4
             H.
             6.
             n.
             15.
             
             Cir.
             3.
             
             &
             4.
             
             H.
             5.
             n.
             14.
             
          
           
             3
             H.
             6.
             n.
             19.
             
          
           
             1
             He●
             .
             6.
             n.
             16.
             
             &
             4
             H.
             6.
             
          
           
             8
             Hen.
             6.
             n.
             27.
             
          
           
             28
             H.
             6.
             n.
             51.
             
          
           
             2●
             H.
             6.
             n.
             51
             ,
             52.
             
          
           
             17
             H.
             6.
             n.
             11.
             
          
           
             8
             Hen.
             4.
             n.
             71.
             
          
           
             7
             H.
             4.
             c.
             15.
             
          
           
             23
             H.
             6.
             c.
             15.
             
          
           
             11
             H.
             4.
             c.
             1.
             
          
           
             8
             Hen.
             6.
             c.
             7.
             
          
           
             23
             H.
             6.
             c.
             15.
             
          
           
             1
             Hen.
             5.
             c.
             1.
             
          
           
             8
             Hen.
             6.
             c.
             7.
             
          
           
             23
             Hen.
             6.
             c.
             15
             ▪
             
          
           
             8
             Hen.
             6.
             c.
             7.
             
          
           
             10
             Hen.
             6.
             c.
             2.
             
          
           
             23
             H.
             6.
             c.
             15.
             
          
           
             23
             H.
             5.
             c.
             11.
             
          
           
             11
             H.
             6.
             c.
             11.
             
          
           
             Rot.
             Pat.
             24
             E.
             1.
             m.
             4.
             
          
           
             Rot.
             Pat.
             1.
             
             E.
             2.
             m.
             2.
             
          
           
             Rot.
             Pat.
             4.
             
             E.
             2.
             
             Ps.
             1
             m.
             18.
             
          
           
             10
             Hen.
             5.
             p.
             ●
             .
             m.
             9.
             
          
           
             7
             H.
             5.
             m.
             23.
             
          
           
             1
             Hen.
             6.
             p.
             2.
             m.
             3.
             
          
           
             32
             H.
             6.
             m.
             7.
             
          
           
             8
             H.
             5.
             c.
             1.
             
          
           
             Rot.
             Pat.
             5
             E.
             3.
             p.
             1.
             m.
             16.
             
          
           
             8
             H.
             6.
             n.
             2.
             
          
           
             Rot.
             Par.
             32.
             
             H.
             6.
             m.
             7.
             
          
           
             5
             H.
             4.
             n.
             57.
             8
             ,
             n.
             31.
             11
             n.
             44.
             
          
           
             2
             H.
             6.
             n.
             15
             ,
             16
             
          
           
             31
             H.
             6.
             n.
             31.
             
          
           
             8
             H.
             6.
             n.
             8
             ,
             1
             ,
             2
             ,
             14
             ,
             26.
             
          
           
             8
             H.
             4.
             n.
             7
             ,
             6.
             
          
           
             5
             H.
             4.
             n.
             37.
             
          
           
             8
             H.
             4.
             n.
             73.
             
          
           
             11
             H.
             4.
             n.
             14
             ,
             39.
             
          
           
             1
             H.
             6.
             c.
             1.
             
          
           
             9
             H.
             5.
             c.
             6.
             
          
           
             17
             R.
             2.
             c.
             7.
             
          
           
             4
             H.
             6.
             c.
             5.
             
          
           
             15
             H.
             6.
             c.
             2.
             
          
           
             20
             H.
             6.
             c.
             6.
             
          
           
             23
             H.
             6.
             c.
             5.
             
          
           
             18
             H
             6.
             c.
             3.
             
          
           
             31
             H.
             6.
             c.
             2.
             
          
           
             13
             H.
             4.
             c.
             7.
             
          
           
             Antiq.
             278.
             
          
           
             9
             H.
             4.
             c.
             8.
             
          
           
             2
             H.
             4.
             c.
             3
             ,
             4.
             
          
           
             7
             H.
             4.
             c.
             7
             ,
             8.
             
          
           
             5
             H.
             5.
             c.
             4.
             
          
           
             16
             Rich.
             2.
             c.
             5.
             
             Antiq.
             Brit.
             
          
           
             Holl.
             
          
           
             8
             H.
             6.
             c.
             2.
             
          
           
             4
             Inst.
             c.
             74.
             
          
           
             Mr.
             
               Will.
               Pry●
            
             .
          
           
             Antiq.
             Brit.
             
          
           
             6
             Hen.
             4.
             c.
             1.
             
          
           
             2
             Hen.
             5.
             c.
             1.
             
          
           
             3
             Hen.
             5.
             c.
             8.
             
          
           
             2
             H.
             5.
             
             Stat.
             2.
             cap.
             1.
             
          
           
             3
             H.
             5.
             
             Stat.
             2.
             c.
             8.
             
          
           
             2
             H.
             5.
             
             Stat.
             2.
             c.
             2.
             
          
           
             27
             H.
             6.
             c.
             5.
             
          
           
             ●
             H.
             6.
             c.
             11.
             
          
           
             ●
             H.
             4.
             c.
             15.
             
          
           
             4●
             E.
             3.
             c.
             3.
             
          
           
             10
             H.
             7.
             fol.
             17.
             
          
           
             Otho
             de
             Jur.
             Jur.
             Calumn
             .
          
           
             Lind.
             de
             Jure
             Juran
             .
             2.
             
          
           
             Lind.
             lib.
             5.
             de
             Apostat
             .
          
           
             Lind.
             lib.
             5.
             de
             Heret
             .
             fol.
             1●●
             .
          
           
             8
             H.
             4
             ▪
             
          
           
             Antiq.
             Brit.
             ●●3
             .
          
           
             Walsingham
             ,
             Ypo
             .
             Neustr.
             157.
             
          
           
             2
             H.
             5.
             c.
             7.
             
          
           
             Fox
             .
             Marturol
             .
             589.
             
          
           
             4
             H.
             4.
             c.
             8.
             
          
           
             2
             H.
             5.
             c.
             6.
             
          
           
             2●
             H.
             6.
             c.
             2.
             
          
           
             14
             H
             ▪
             6.
             c.
             8.
             
          
           
             ●
             ▪
             H.
             6.
             c.
             11.
             
          
           
             31
             H.
             6.
             c
             ▪
             4.
             
          
           
             4
             H.
             4.
             c.
             17.
             
          
           
             31
             H.
             6.
             c.
             9.
             
          
           
             4
             H.
             4.
             c.
             3.
             
          
           
             13
             H.
             4.
             c.
             7.
             
          
           
             2
             H.
             5.
             c.
             9.
             
          
           
             2
             H.
             4.
             c.
             11.
             
          
           
             2
             E.
             3.
             cap.
             ●
             ▪
             
          
           
             34
             E.
             3.
             c.
             ●
             .
          
           
             11
             H.
             4.
             c.
             1.
             
          
           
             2
             H.
             4.
             c.
             21.
             
          
           
             13
             H.
             6.
             c.
             3.
             
          
           
             8
             Hen.
             6.
             c.
             4.
             
          
           
             4
             Hen.
             5.
             c.
             7.
             
          
           
             8
             Hen.
             6.
             c.
             9.
             
          
           
             1●
             H.
             4.
             c.
             2.
             
          
           
             5●
             E.
             3.
             
             ●
             .
             113.
             
          
           
             8
             Rich.
             2.
             c.
             2.
             
          
           
             West
             .
             2.
             c
             3●
             
          
           
             12.
             
             E.
             2.
             c.
             3.
             
          
           
             14
             E.
             3.
             c.
             16.
             
          
           
             4
             E.
             3.
             c.
             11.
             
          
           
             2
             E.
             3.
             c.
             8.
             
          
           
             14
             E.
             3.
             c.
             14.
             
          
           
             2●
             E.
             3.
             c.
             1.
             
          
           
             8
             R.
             2.
             c.
             3.
             
          
           
             5
             R.
             2.
             c.
             1.
             
          
           
             1
             H.
             4.
             c.
             11.
             
          
           
             4
             H.
             5.
             c.
             2.
             
          
           
             4
             H.
             4.
             c.
             5.
             
          
           
             1
             H.
             5.
             c.
             4.
             
          
           
             9
             H.
             5.
             c.
             5.
             
          
           
             23
             H.
             6.
             c.
             8.
             
          
           
             4
             H.
             6.
             c.
             1.
             6.
             cap.
             4.
             15.
             
          
           
             cap.
             5.
             18.
             c.
             14.
             
          
           
             23.
             cap.
             10.
             
          
           
             28
             E.
             3.
             c.
             ult
             .
          
           
             1
             H.
             5.
             c.
             10.
             
          
           
             18
             H.
             6.
             c.
             11.
             
          
           
             2
             H.
             5.
             
             Stat
             ▪
             2●
             cap.
             1.
             
          
           
             2
             H.
             5.
             c.
             4.
             3.
             cap.
             ●
             .
          
           
             4
             H.
             ●
             .
             c.
             1.
             
          
           
             ●
             H.
             4.
             c.
             3.
             
          
           
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             H.
             4.
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             ●
             .
          
           
             ●
             H.
             5.
             c.
             3.
             
          
           
             ●
             H
             ●
             .
             c.
             7
             ,
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             1
             H.
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             c.
             1●
             .
          
           
             9.
             
             〈◊〉
             2.
             c.
             8.
             
          
           
             2
             H.
             ●
             .
             c.
             11.
             
          
           
             11
             H.
             6.
             c.
             8.
             
          
           
             13
             H.
             4.
             c.
             7.
             
             &
             2.
             
          
           
             4
             H.
             5.
             c.
             8.
             
          
           
             5
             H.
             4.
             c.
             12.
             
          
           
             1
             H
             4.
             c.
             10.
             
          
           
             3
             H.
             5.
             c.
             6.
             
          
           
             8
             H.
             6.
             c.
             6.
             
          
           
             14
             H.
             6.
             c.
             8.
             
          
           
             5
             H.
             4.
             c.
             4.
             
          
           
             18
             H.
             6.
             c.
             15.
             
          
           
             33
             H.
             6.
             c.
             1.
             
          
           
             8
             H.
             6.
             ●●
             
          
           
             31
             H.
             6.
             c.
             2.
             
          
           
             2
             H●●●
             c.
             9.
             
          
           
             ●
             H.
             4.
             c.
             3.
             
          
           
             1
             H.
             4.
             c.
             7.
             
          
           
             8
             H.
             6.
             c.
             4.
             
          
           
             2
             H.
             4.
             c.
             21.
             
          
           
             20
             H.
             6.
             
             Stat.
             ●
             c.
             6.
             
          
           
             4
             H.
             4.
             c.
             13.
             
          
           
             18
             H.
             6.
             c.
             19.
             
          
           
             7
             H.
             4.
             
             Fitzherb
             .
             Protect
             .
             100.
             
          
           
             4
             H.
             4.
             
          
           
             19
             E.
             3.
             f.
             ●
             
          
           
             1
             H.
             4.
             c.
             7.
             
          
           
             2
             H.
             4.
             c.
             21.
             
          
           
             Exact
             .
             Collec
             .
             p.
             406.
             
          
           
             P.
             407.
             
          
           
             Ibid.
             fol.
             406.
             
          
           
             Collect.
             4.
             24.
             
          
           
             4
             H
             5.
             c.
             7.
             
          
           
             Mag.
             Charta
             .
             c.
             32.
             
          
           
             18
             H.
             6.
             c.
             18.
             
          
           
             cap.
             19.
             
          
           
             Hall.
             10.
             
             H.
             6.
             
          
           
             Com.
             lib.
             3.
             c.
             4.
             
             &
             5.
             
             &
             6.
             
          
           
             Comin
             .
             lib.
             3.
             c.
             4.
             
          
           
             Comin
             .
             lib.
             3.
             c.
             5.
             
          
           
             12
             E.
             4.
             c.
             2.
             
          
           
             Comin
             .
             lib.
             4.
             cap.
             1.
             
          
           
             Edw.
             5.
             
             Rich.
             3.
             
          
           
             Mercat
             .
             de
             Gallat
             .
             Imper.
             lib.
             3.
             
          
           
             1
             R.
             3.
             c.
             2.
             
          
           
             1
             Rich.
             3.
             c.
             15.
             
          
           
             〈…〉
             
          
           
             12
             E.
             4.
             n.
             8.
             
          
           
             12
             E.
             4.
             c.
             3.
             
          
           
             17
             E.
             4.
             n.
             10.
             16.
             
          
           
             3
             E.
             4.
             c.
             1.
             
          
           
             4
             E.
             4.
             c.
             2.
             
          
           
             14
             E.
             4.
             c.
             3
             ,
             5.
             
          
           
             3
             E.
             4.
             c.
             1.
             
          
           
             1
             R.
             3.
             c.
             12.
             
          
           
             4
             E.
             4.
             c.
             1
             ,
             2
             ,
             3.
             
          
           
             17
             E.
             4.
             cap.
             1.
             
          
           
             3
             E.
             4.
             c.
             5.
             
          
           
             22
             E.
             4.
             c.
             1.
             
          
           
             17
             E.
             4.
             c.
             1.
             
          
           
             1
             E.
             4.
             c.
             2.
             
          
           
             1
             R.
             3.
             c.
             3.
             
          
           
             12
             E.
             4.
             c
             :
             9.
             
          
           
             1
             R.
             3.
             c.
             2.
             
          
           
             Naucler
             .
          
           
             Antiq.
             Brit.
             294.
             
          
           
             9
             H.
             6.
             fol.
             56.
             
             Pe●
             Pasion
             .
          
           
             5
             E.
             4.
             fol.
             6.
             
          
           
             9
             E.
             4.
             fol.
             3.
             
          
           
             7
             E.
             4.
             fol.
             2.
             
             Per
             Littleton
             .
          
           
             22
             E.
             4.
             fol.
             37.
             
          
           
             Thevet
             .
             lib.
             4.
             cap.
             32.
             
          
           
             Jovius
             Brit.
             
          
           
             Jovius
             Brit.
             fol.
             9.
             
          
           
             Henry
             8.
             
          
           
             Thuan.
             lib.
             1.
             
          
           
             Thuan.
             lib.
             1.
             
          
           
             Jov.
             hist.
             fol.
             31.
             
          
           
             Fox
             .
             Sleidan
             .
             lib.
             9.
             
          
           
             1531.
             
             An.
             Antiq.
             Brit.
             
          
           
             Jovius
             .
             Brit.
             fol.
             20.
             
          
           
             Sleidan
             lib.
             9.
             
          
           
             24
             H.
             8.
             c.
             1●
             .
          
           
             26
             H.
             8.
             c.
             1.
             
          
           
             ●●
             H.
             8.
             c.
             10.
             35
             
             H.
             8.
             c.
             1.
             
          
           
             35
             H.
             8.
             c.
             3.
             
          
           
             25
             H.
             8.
             c.
             19.
             
          
           
             32
             H.
             8.
             c.
             26.
             
          
           
             25
             H.
             8.
             c.
             14.
             
          
           
             31
             H.
             8.
             c.
             14.
             
          
           
             Sleidan
             .
             lib.
             c.
             Anno
             1535.
             
          
           
             34
             &
             35
             H.
             8.
             c.
             1.
             
          
           
             Antiq.
             Brit.
             
          
           
             35
             H.
             8.
             c.
             3.
             
          
           
             31
             H.
             8.
             c.
             8.
             
          
           
             28
             H.
             8.
             c.
             17.
             
          
           
             25
             H.
             8.
             c.
             20.
             
          
           
             Rot.
             Par.
             17
             Joh.
             35
             E.
             1.
             
             St.
             Carl.
             25
             E.
             3.
             
             De
             provis
             .
             13
             R.
             2.
             c.
             2.
             
          
           
             Antiq.
             Brit.
             vit
             .
             Cranmer
             .
          
           
             31
             H.
             8.
             c.
             9.
             
          
           
             27
             H.
             8.
             c.
             27.
             
          
           
             31
             H.
             8.
             c.
             13.
             
          
           
             26
             H.
             8.
             c.
             23.
             
          
           
             Fox
             Mart.
             fol.
             322.
             
          
           
             4
             Edw.
             4.
             
          
           
             15
             H.
             8.
             c.
             9.
             
          
           
             25
             H.
             8.
             c.
             19.
             
          
           
             27
             H.
             8.
             c.
             15.
             35
             
             H.
             8.
             c.
             16.
             
          
           
             32
             H.
             8.
             c.
             26.
             
          
           
             5
             H.
             8.
             c.
             14.
             
          
           
             34
             H.
             8.
             c.
             1.
             
          
           
             35
             H.
             8.
             c.
             3.
             
          
           
             21
             H.
             8.
             c.
             13.
             25
             
             H.
             8.
             c.
             16.
             28
             
             H.
             8.
             c.
             13.
             
          
           
             24
             H.
             8.
             c.
             12.
             
          
           
             25
             H.
             8.
             c.
             19.
             
          
           
             25
             H.
             8.
             c.
             22.
             
          
           
             28
             H.
             8.
             c.
             27.
             
          
           
             35
             H.
             8.
             c.
             1.
             
          
           
             ●●
             H.
             ●
             .
             c.
             1●
             .
          
           
             21
             E.
             4.
             fol.
             46.
             
          
           
             25
             H.
             8.
             c.
             15.
             
          
           
             Instit.
             4
             fol.
             323.
             
          
           
             3.
             
          
           
             4.
             
          
           
             21
             E.
             4
             fol.
             45.
             
          
           
             22
             H.
             6
             fol.
             14.
             
             Per
             Neuton
             .
          
           
             24
             H.
             8.
             c
             12.
             
          
           
             28
             H
             8.
             c.
             12.
             
          
           
             Inst.
             4.
             fol.
             344.
             
          
           
             25
             H.
             8.
             c.
             19.
             
          
           
             25
             H.
             8.
             c.
             21.
             
          
           
             Mag.
             Chart.
             
          
           
             Instit.
             3.
             fol.
             42.
             
          
           
             25
             H.
             8.
             c.
             14.
             
          
           
             31
             H
             8.
             c.
             15.
             
          
           
             35
             H.
             8.
             
             Rat.
             Pat.
             p.
             15.
             
          
           
             15
             H.
             8.
             c.
             8.
             
          
           
             37
             H.
             8.
             c.
             17.
             
          
           
             28
             H.
             8.
             c.
             7.
             
          
           
             32
             H.
             8.
             c.
             38.
             
          
           
             21
             H.
             8.
             c.
             13.
             
          
           
             25
             H.
             8.
             c.
             16.
             
          
           
             28
             H.
             8.
             c.
             13.
             
          
           
             Antiq.
             Brit.
             
          
           
             Distin
             &c.
             c.
             5.
             
             Esto
             &
             3.
             c.
             Ead.
             Dist.
             Episcopus
             .
          
           
             Instit.
             3.
             fol.
             40.
             
          
           
             1
             H.
             7.
             c.
             4.
             
          
           
             31
             H.
             8.
             c.
             14.
             
          
           
             32
             H.
             8.
             c.
             10.
             
          
           
             24
             H.
             4.
             c.
             12.
             
          
           
             30
             E.
             3.
             
             Ass.
             19.
             
          
           
             22
             E.
             4.
             f.
             29.
             
             Hil.
             13.
             
             H.
             7.
             pl.
             15.
             
          
           
             26
             H.
             8.
             c.
             3.
             
          
           
             37
             H.
             8.
             c.
             17.
             
          
           
             23
             H.
             8.
             c.
             9.
             
          
           
             21
             H.
             8.
             c.
             9.
             
          
           
             28
             H.
             8.
             c.
             3.
             
          
           
             Rot.
             Claus.
             20
             E.
             2.
             
             M.
             3.
             
          
           
             15
             E.
             2.
             in
             Dors.
             M.
             13.
             
          
           
             3
             H.
             7.
             c.
             1.
             
          
           
             4
             H.
             7.
             c.
             12.
             
          
           
             11
             H.
             7.
             c.
             3.
             
          
           
             19
             H.
             7.
             c.
             41.
             
          
           
             11
             H.
             7.
             c.
             1.
             
          
           
             1
             H.
             7.
             c.
             6.
             
          
           
             11
             H.
             7.
             c.
             18.
             
          
           
             11
             H.
             7.
             c.
             18.
             
          
           
             11
             H.
             7.
             c.
             18.
             
          
           
             1●
             H.
             ●
             c.
             1.
             
          
           
             7
             H.
             7.
             c.
             1.
             
          
           
             5
             H.
             8.
             c.
             5.
             
          
           
             32
             H.
             8.
             c.
             13.
             
          
           
             33
             H.
             8.
             c.
             5.
             
          
           
             7
             H.
             7.
             c.
             1.
             
          
           
             3
             H.
             8.
             c.
             5.
             
          
           
             4
             H.
             8.
             c.
             1.
             
          
           
             7
             H.
             8.
             c.
             2.
             
          
           
             23
             cap.
             7.
             
          
           
             32
             cap.
             14.
             
          
           
             11
             H.
             7.
             c.
             15.
             
          
           
             19
             H.
             7.
             c.
             16.
             
          
           
             19
             H.
             7.
             c.
             10.
             
          
           
             3
             H.
             7.
             c.
             3.
             
          
           
             3
             H.
             7.
             c.
             1.
             
          
           
             3
             H.
             7.
             c.
             1.
             
          
           
             19
             H.
             7.
             c.
             14.
             
          
           
             26
             H.
             8.
             c.
             13.
             
          
           
             3
             H.
             7.
             c.
             13.
             
          
           
             28
             H.
             8.
             c.
             18.
             
          
           
             4
             H.
             7.
             c.
             18.
             
          
           
             27
             H.
             8.
             c.
             2.
             
          
           
             22
             H.
             7.
             c.
             9.
             
          
           
             33
             H.
             8.
             c.
             8.
             
          
           
             3
             H.
             7.
             c.
             2.
             
          
           
             1
             H.
             7.
             c.
             1.
             
          
           
             22
             H.
             8.
             c.
             11.
             
          
           
             21
             H.
             8.
             c.
             7.
             
          
           
             26
             H.
             8.
             c.
             13.
             
          
           
             27
             H.
             8.
             c.
             19.
             
          
           
             32
             H.
             8.
             c.
             12.
             
          
           
             4
             H.
             7.
             c.
             13.
             
          
           
             23
             H.
             8.
             c.
             1.
             
          
           
             4
             H.
             8.
             c.
             12.
             
          
           
             2●
             H.
             8.
             c.
             3.
             
          
           
             23
             H.
             8.
             c.
             1.
             
          
           
             32
             H.
             8.
             c.
             3.
             
          
           
             28
             H.
             8.
             c.
             15.
             
          
           
             33
             H.
             8.
             c.
             22.
             
          
           
             35
             H.
             8.
             c.
             2.
             
          
           
             28
             H.
             8.
             c.
             5.
             
          
           
             35
             H.
             7.
             c.
             1.
             
          
           
             Q.
             Mary
             .
          
           
             Thuan.
             vol.
             1.
             lib.
             13.
             
          
           
             Thuan.
             vol.
             1.
             lib.
             1.
             
          
           
             Fox
             .
          
           
             Bodin
             .
             Rep.
             lib.
             6.
             
          
           
             C.
             2.
             
             Instit.
             fol.
             61.
             
          
           
             Q.
             Elizab.
             
          
           
             Forcat
             .
             de
             Gal.
             imp
             .
             l.
             7.
             
          
           
             Quint
             ,
             lib.
             1.
             cap.
             ult
             .
          
           
             Bodin
             .
             rep
             .
             l.
             6.
             
          
           
             28
             H.
             8.
             c.
             17.
             
          
           
             1
             E.
             6.
             c.
             12.
             
          
           
             ●
             H.
             8.
             c.
             8.
             
          
           
             1
             E.
             6.
             c.
             12.
             
          
           
             1
             E.
             6.
             c.
             22.
             
          
           
             ●
             &
             4
             E.
             6.
             c.
             11.
             
          
           
             26
             H.
             8.
             c.
             1.
             
          
           
             1
             Eliz.
             c.
             1.
             
          
           
             1
             Eliz.
             c.
             3.
             
          
           
             13
             Eliz.
             c.
             12.
             
          
           
             23
             Eliz.
             c.
             1.
             
          
           
             5
             Eliz.
             c.
             23.
             
          
           
             18
             Eliz.
             c.
             8.
             
          
           
             5
             Eliz.
             c.
             18.
             
          
           
             13
             Eliz.
             c.
             9.
             
          
           
             39
             Eliz.
             c.
             6.
             
          
           
             18
             Eliz.
             c.
             12.
             
          
           
             43
             Eliz.
             c.
             4.
             
          
           
             2
             Marl.
             Parliament
             2.
             c.
             1.
             
          
           
             1
             &
             2
             Phil.
             &
             Mary
             ,
             cap.
             10.
             
          
           
             1
             Mar.
             Sess.
             2.
             cap.
             11.
             &c.
             5.
             
             &
             7.
             &c.
             12.
             
          
           
             29
             H.
             8.
             c.
             1.
             5
             
             Eliz.
             c.
             2.
             
          
           
             Bodin
             .
             rep
             .
             l.
             6.
             
          
           
             28
             H.
             8.
             c.
             7.
             1
             
             Mar.
             Sess.
             2.
             cap.
             1.
             
          
           
             35
             H.
             8.
             cap.
             
          
           
             13
             Eliz.
             c.
             1.
             
          
           
             Thuan.
             vol.
             1.
             lib.
             20.
             
          
           
             1
             Jac.
             cap.
             1.
             
          
           
             35
             11.
             8.
             cap.
             1.
             
          
           
             1
             Eliz.
             6.
             c.
             12.
             5
             
             &
             6
             E.
             6.
             cap.
             11.
             1
             
             &
             2
             Phil.
             &
             Mar.
             cap.
             10.
             1
             
             Eliz.
             cap.
             6.
             1
             
             Eliz.
             cap
             3.
             
          
           
             1
             Mar.
             Parl.
             cap.
             1.
             
          
           
             Sleidan
             .
          
           
             1
             Ph.
             &
             Mar.
             Parl.
             2.
             c.
             10.
             
          
           
             2
             Ph.
             &
             Mar.
             Parl.
             2.
             c.
             1.
             
          
           
             Bodin
             de
             Rep.
             lib.
             6.
             
          
           
             3
             &
             4
             E.
             6.
             c.
             11.
             
          
           
             1
             Eliz.
             c
             1.
             
             &
             1.
             
          
           
             1
             Edw.
             6.
             c.
             1.
             
          
           
             1
             Edw.
             6.
             c.
             2.
             5
             
             &
             6
             E.
             6.
             c.
             1.
             
          
           
             5
             Eliz.
             c.
             20.
             
          
           
             1
             Edw.
             6.
             c.
             11.
             
          
           
             1
             Edw.
             6.
             c.
             11.
             
          
           
             7
             Edw.
             6.
             c.
             2.
             
          
           
             1
             Mar.
             Sess.
             2.
             c
             10.
             
             &
             12.
             
          
           
             1
             Edw.
             6.
             c.
             7.
             
          
           
             1
             Edw.
             6.
             c.
             10.
             3
             c.
             28.
             5
             
             &
             6.
             c.
             26.
             
          
           
             2
             E.
             6.
             c.
             2.
             
          
           
             1
             Eliz.
             ●
             .
             ●
             .
          
           
             1
             Eliz.
             c.
             2.
             
          
           
             23
             Eliz.
             c.
             9.
             
          
           
             1
             Mar.
             Parl.
             2.
             cap.
             2.
             
          
           
             2
             &
             3
             Phil.
             &
             Mar.
             cap.
             1.
             
          
           
             2
             E.
             6.
             c.
             16.
             
          
           
             4
             &
             5
             Phil.
             &
             Mar.
             c.
             3.
             
          
           
             2
             &
             3
             E.
             6.
             c.
             2.
             4
             
             &
             5
             Phil.
             &
             Mar.
             c.
             3.
             
          
           
             5
             E.
             6.
             c.
             11.
             14
             
             Eliz.
             c.
             1.
             
          
           
             27
             Eliz.
             c.
             1.
             
          
           
             5
             Eliz.
             c.
             20.
             
          
           
             Cap.
             16
             ,
             17.
             
          
           
             2
             Eliz.
             c.
             29.
             
          
           
             5
             Eliz.
             c.
             10.
             
          
           
             Cap.
             16.
             
          
           
             Aelian
             .
             lib.
             2.
             
             Var.
             hist.
             c.
             20.
             
          
           
             Tacit.
             
          
        
         
           Notes for div A59082-e147580
           
             Pag.
             126.
             
          
           
             Concil
             .
             Brit.
             Pag.
             212.
             
          
           
             Ibid.
             p.
             194
             
          
           
             Ibid.
             p.
             242.
             245.
             
          
           
             Pag.
             219.
             
          
           
             Pag.
             392.
             
          
           
             Pag.
             321.
             
          
           
             Concil
             .
             Brit.
             Pag.
             318.
             
          
           
             Concil
             .
             Brit.
             Pag.
             334.
             
          
           
             Concil
             .
             Brit.
             Pag.
             350.
             
          
           
             Concil
             Brit.
             Pag.
             480.
             
          
           
             Concil
             .
             Brit.
             Pag.
             490.
             
          
           
             Pag.
             534.
             
          
           
             Pag.
             621.
             
          
           
             Pag.
             23.
             
          
           
             Mr.
             
             Selden's
             Titles
             of
             Honour
             .
          
           
             Tit.
             Honour
             ,
             pag.
             709.
             
          
           
             Tit.
             Honour
             ,
             pag.
             703.
             
          
           
             Littler
             .
             lib.
             2.
             cap.
             3.
             
          
           
             Brit.
             p.
             122.